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06. Nate Malone Exhibits 1-6 to Declaration
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 1/16 JOIN REWARDS TRACFONE WIRELESS TERMS AND CONDITIONS OF SERVICE I. Wireless Service II. Return Policy III. Limited Warranty IV. Unlocking Policy THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 17 BELOW. BY USING THE SERVICE PROVIDED BY TRACFONE YOU AGREE TO RECEIVE COMMUNICATIONS CONCERNING YOUR SERVICE VIA E-MAIL AND/OR THROUGH TEXT MESSAGE. YOU ALSO EXPRESSLY CONSENT TO RECEIVE ADDITIONAL MARKETING OR CUSTOMER SERVICE RELATED COMMUNICATIONS TRACFONE MAY SEND ITS CUSTOMERS FROM TIME TO TIME VIA E-MAIL AND/OR THROUGH TEXT MESSAGE. IF YOU WISH TO OPT-OUT FROM RECEIVING ANY OF THESE COMMUNICATIONS PLEASE CONTACT CUSTOMER CARE OR EMAIL US AT PRIVACY@TRACFONE.COM (mailto:privacy@tracfone.com) . I. WIRELESS SERVICE Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and TracFone Wireless, Inc. d/b/a Tracfone. By purchasing, activating, and/or using any Tracfone product (“Product”) or the wireless services provided by Tracfone (“Service”), you acknowledge and agree to these Terms and Conditions of Service. Tracfone reserves the right to change or modify any of these Terms at any time. Any changes or modifications to these Terms and Conditions of Service are e ective and will be binding upon you when posted on our website tracfone.com (http://www.tracfone.com/). Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current Terms and Conditions of Service. For assistance or more information, please contact Tracfone Customer Care at 1-800-867-7183. 1. ACTIVATING YOUR SERVICE To use Tracfone Service, you must first purchase and activate a Tracfone phone or a Tracfone Bring Your Own Phone SIM Kit (“SIM Kit”) that can be used to activate a compatible wireless phone you already own under the Bring Your Own Phone program. To activate your phone, you must also purchase and redeem a Tracfone wireless plan (“Plan”). For more information about our Plans visit our website. GET 25% OFF 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 2/16 You may activate your Service online by visiting our website at tracfone.com (http://www.tracfone.com/) or by calling Customer Care from a phone other than the one you intend to activate. If you have purchased an SIM Kit to activate your own phone, follow the instructions that came with the SIM Kit to activate your Service. When you activate your Service, you will be provided a telephone number unless you elect to transfer or “port-in” an existing telephone number you are using with another provider. In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your Service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice or liability to you. When you activate your Service, you will also have the option of registering with us and creating an account (“Account”) by providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or a court order. Tracfone Service can only be activated where Tracfone Service is o ered and supported by Tracfone. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service o ered by Tracfone are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Tracfone. Some Carriers di erentiate the wireless service they sell by prioritizing the data tra c of their customers over the data tra c of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a Tracfone customer will notice little, if any, e ect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a Tracfone customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve. If you are activating your own compatible phone under the Bring Your Own Phone Program, you are responsible for ensuring that the phone is unlocked, compatible with the Service, does not interfere with the Service, and that it complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Service are available on all Carrier networks or will function on all phones, including, phones activated under the Bring Your Own Phone program. Some functions and features referenced in the manufacturer’s manual provided with your phone may not be available when using the Service. Some Plans may not work on Smartphones or on phones activated under the Bring Your Own Phone program. Devices capable only of using data service are strictly prohibited and your use of any such device is grounds for immediate deactivation and termination of your Service without a refund. We may, at any time and without prior notice to you, modify, cancel, and/or deactivate your Service and/or take other corrective action, for any reason in our sole discretion, including, your violation of these Terms and Conditions of Service. Further, we may remotely change your phone’s software, applications, or programming without notice. This could a ect information stored on your phone, your phone’s programming, and how you are able to use your phone. All aspects of the Service, including, Plan rates, o erings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate. Your Service (i.e., voice, text, or data services) and any phone using Tracfone Service may only be used for the following purposes: (a) person to person voice calls, text, and picture messaging and (b) personal web browsing, email, ordinary content downloads and uploads, video and audio streaming without excessively contributing to network congestion. 2. TERMINATION OF SERVICE Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so. Each time you activate your Service or purchase a new Product you agree that you are consenting to the latest Tracfone Terms and Conditions of Service. Any Service which remains unused at the time of termination, including, promotional balances, cannot be refunded or transferred to another person. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 3/16 We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to you for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following: (i) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a Tracfone representative, o cer, employee, agent, or authorized retailer; (ii) using your Service for any unlawful, fraudulent, or illegal purpose; (iii) using your Service in any way that adversely a ects our ability to manage the Service provided to other customers or the Carrier’s network; (iii) violating any Term or Condition contained in this Agreement. Any term or provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive, including, any limitation of liability, disclaimer of warranties, dispute resolution procedures, restrictions with respect to the use of a Product or Service and our Limited Warranty, Return Policy, and Privacy Policy. 3. AIRTIME VOICE AND TEXT MESSAGING RATES Feature Phones : Tracfone airtime is issued in unit increments. All calls are charged at a rate of one (1) unit per minute. With some older Tracfone handset models, roaming calls (refer to the Roaming Section of these Terms) are charged at the rate of two (2) units per minute. There is no additional charge for nationwide long distance or for international long distance, in eligible Plans, to countries designated at tracfone.com (http://www.tracfone.com/). The rate to send or receive a text message varies by Tracfone handset model and is disclosed on your Tracfone package. For most feature phones, the rate to send or open a text message is 0.3 units. Smartphones : Smartphones have separate buckets of units for voice calls, text messaging and data usage. Voice calls are charged at the rate of one (1) unit per minute. Text messages are charged at the rate of one (1) unit per text. Data is charged based on actual usage. Tracfone service does not allow international text messaging. Attempting to send international messages could result in Service deactivation. Minutes are deducted for all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, toll free calls, and calls to 411, 611, Customer Care, and your voice mail. For simultaneous calls, such as incoming call waiting and 3-way calling (where available) minutes will be deducted for each call. Minutes are not deducted for calls to 911. For outbound calls, you may be charged minutes for incomplete, busy, or no answer calls. Minutes are deducted in full unit increments. Partial minutes are rounded up to the next minute. No credit is given for dropped calls. If you are using a feature phone, minutes will also be deducted for use of other services such as text messaging and accessing the Tracfone Mobile Web (“WAP”). 4. ADDING AIRTIME Your Service will only operate when you have airtime units and service days available. Add airtime to a Tracfone by entering the PIN number from a Tracfone airtime card (“Airtime Card”) or retailer cash register receipt at the Redeem Airtime or Add Airtime menu on your phone. You can also add airtime through the Tracfone website or by calling Customer Care. AIRTIME ON DEMAND: Airtime On Demand is available on certain Tracfone handsets. Airtime On Demand allows you to buy Airtime directly from your Tracfone by registering your phone and credit card at tracfone.com (http://www.tracfone.com/). Airtime on Demand purchases are governed by these Terms. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 4/16 PAY AS YOU GO AIRTIME CARDS: Tracfone Pay as You Go Airtime Cards are available in various denominations of minutes and service days. For each Airtime Card you purchase and add to your phone, you will receive the number of minutes and service days indicated on the card. The service days will run from the day you add the Airtime Card. Each additional Airtime Card you add will further extend your “Service End Date” by the number of days specified without limitation. Your “Service End Date” is the last day of your service period. Airtime minutes added to your phone do not expire with active service and usage within a period of six (6) consecutive months for Smartphones and twelve (12) consecutive months for other phones. DOUBLE MINUTES: Some Phones and Airtime Cards include a Double Minutes feature. Any minutes included with a Double Minute Airtime Card do not double, however, the feature will apply to the life of the applicable phone and will double the minutes of all future Airtime Cards you purchase and redeem. To be clear, only minutes that are purchased and redeemed after the redemption of a Double Minute card will double. The Double minutes feature is not transferable even if Your phone is damaged, lost or stolen. Promotional, bonus and other non-purchased airtime minutes do not double. You may not add a Double Minute card to a phone that already has a Double minute feature or card. Doing so will not result in any additional doubling of purchased airtime. Double Minute Cards and phones that include the Double Minute feature will not double the value of Data Cards. MONTHLY VALUE PLANS: Tracfone Monthly Value Plans are available in various denominations of minutes and provide 30 days of service. The minutes and service days of your Monthly Value Plan are automatically added to your account on a monthly basis. Tracfone’s Service Protection Plan delivers 30 days of service if you forget to add a Tracfone airtime card in order to keep your service active. To purchase a Monthly Value Plan, you must enroll online by registering your phone and credit card. Tracfone may modify its Monthly Value Plan o erings at any time. In the event of any modification that increases the charges associated with your Monthly Value Plan, you will receive thirty (30) days’ notice prior to being charged the new rate AUTO-REFILL PLANS: Tracfone Auto Refill Plans are available in various denominations of minutes and service days. You may enroll in Auto-Refill by registering your credit or debit card online with Tracfone and selecting the Service Plan you want. With Auto- Refill, a new Service Plan will be automatically purchased and added to your Account each month on your Service End Date and your credit or debit card will automatically incur a charge for the cost of the Service Plan you elect to purchase on a recurring basis. Please note that your Auto-Refill is determined by the last Service Plan you have purchased and added to your phone. To change this, you must call Customer Service and speak with one of our Customer Care representatives. REFILLING YOUR ACCOUNT BEFORE YOUR SERVICE END DATE. If you do not purchase and add airtime prior to the Service End Date, your Tracfone Service will be deactivated on the Service End Date and you will lose your phone number even if you have minutes remaining. To prevent this from occurring, please keep your Tracfone Service active by purchasing and adding an Airtime Cards on or before your Service End Date. Tracfone reserves the right to deactivate any phone for which there is no voice, text or data usage for a period of six (6) consecutive months for Smartphones and twelve (12) consecutive months for other phones. If your Service is deactivated, your Service can be reactivated by purchasing and adding an Airtime Card. Once reactivated, your phone may be assigned a new phone number. Airtime which remained unused at the time of deactivation will still be available if Service is reactivated within sixty (60) days from the deactivation date, otherwise any unused airtime will be lost. SAFELINK CUSTOMERS PLEASE NOTE : If you are a SafeLink Customer on Plan Option 1 or 2, Tracfone Airtime minutes added to your SafeLink phone do not expire with active service and Usage (as defined in the SafeLink Terms and Conditions) during a consecutive sixty (60) day period. If you are a SafeLink customer enrolled in plan option 3, all of your unused minutes expire at the end of each month upon your receipt of your free 250 monthly minutes unless you have purchased and added a Tracfone airtime card to your phone. You may carry over unused airtime minutes on the SafeLink 250 Minute Plan for up to 3 consecutive months. By purchasing and adding a Tracfone airtime card before the 25th of the month, your unused airtime minutes (including your free monthly allotment and any additional Tracfone Airtime cards) will carry over for 3 consecutive months from the date of your last Tracfone Airtime Card redemption. If you purchase and redeem a Tracfone Airtime Card on or after the 26th day of any month, your airtime balance will be reset and not be carried over to the next month. The minutes you purchased will be carried over together with your next three allotments of free monthly minutes. Adding more than one Airtime Card at the same time will NOT extend your airtime carry over for more than the 3 consecutive months. The 3 month carry over is e ective from the date of redemption of the last airtime card redeemed to your phone. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 5/16 Tracfone airtime has no cash value and is non-refundable. Tracfone Airtime Cards, airtime rate plans, and card denominations are subject to change without prior notice. 5. TEXT MESSAGING Tracfone does not generally participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than Tracfone. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or participating in interactive television programs through the use of a wireless phone. You should not attempt to participate in Premium SMS campaigns, unless it is a Tracfone authorized campaign. Any text message you send to a “short code” will in all likelihood not go through. Any charges you may incur as a result of any attempts to participate in Premium PSMS services or campaigns (not authorized by Tracfone), whether you incur charges as deductions from your Tracfone handset or from your credit card, are not refundable. 6. DATA SERVICES With certain Tracfone handset models, you can download ring tones, graphics, access information services such as news, weather and sports (“Information Services”) and utilize multi-media services (“MMS”) (ringtones, graphics, Information Services and MMS are collectively referred to as “Data Services”) through Tracfone Mobile Web (“WAP”). Data Services are additional Services o ered by Tracfone, and there is an additional charge or debit of units or data for use of such Services. In order to purchase, download or access Tracfone Data Services, You must have active service and su cient available airtime or data (for Smartphones). Each time you access the WAP, usage will be deducted (“Access Charges”). Access Charges begin when your phone makes a data connection. This should occur shortly after you open your browser, send or receive a multi-media message (e.g., a picture), initiate a content download or if WAP access is initiated for any other purpose. Access Charges end when the data connection terminates. This should occur shortly after you close your browser, successfully receive or send a multi-media message (e.g., a picture), after a successful content download or after any other closure of a WAP session. The WAP access duration and the related Access Charges are NOT determined from the exact moment you press a button on your device to open or close the browser. In addition to the Access Charges, there may be additional charges for any content you select to download (“Content Charge”). The Content Charges vary depending on the type of content you purchase and download. You will be advised of the Content Charges prior to finalizing your purchase. The Data Services you purchase and download may only be used or viewed on the device for which they were purchased and cannot be transferred to any other device, including a new or replacement device. Data Services are non-refundable and non-transferable. Purchasing Data Services with Airtime Minutes on Feature Phones . The charges for Data Services purchases are determined by the last airtime card redeemed and the appropriate dollar-to-minute conversion factor. The charges for Data Services in U.S. Dollars and/or minutes and the dollar-to-minute conversion factor(s) are subject to change at any time without prior notice. The current Dollar-To-Minute Conversion Factors for Data Services may be accessed on the Tracfone website. Click on “Airtime” and from the drop down menu select “Apps & More” and then “Cost.” The chart details the number of minutes you will be charged for each dollar you spend for the Data Services you purchase. Charges for MMS (e.g., picture messaging) on Feature Phones . You will be charged 1.0 unit to send or receive a multi-media message (the “MMS Charge”) and a WAP Access Charge (described below) based upon the time it takes to send or receive the multi-media message. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 6/16 Additional Access Charges for Data Services and MMS on Feature Phones . In addition to Content and MMS Charges, there is always an additional Access Charge of 0.5 units per minute associated with downloading content, accessing/viewing Information Services or utilizing MMS. Total Access Charges will vary depending on the size of the content and the actual time it takes to download the content, access/view the Information Service or utilize MMS. Tracfone Smartphone Only Plans . Tracfone smartphone users may purchase Plans that come with a fixed amount of high speed data at 4G speeds for each monthly cycle depending on the Service Plan selected. 4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. Plans that come with high speed data also come automatically enabled with a feature that optimizes all detectable video streaming to DVD-quality (typically 480p) through the Carrier’s network (“Data Optimizer”). Data Optimizer manages the amount of high speed data used when streaming video on your phone in order to improve your experience by reducing the chances of your video stalling or bu ering. You may disable the Data Optimizer feature at any time by contacting Customer Care. Video streaming over a Wi-Fi connection will be delivered at the video’s native resolution. Tracfone Data Cards . Tracfone Data Cards which will provide a specified amount of data access without minute deductions. Data Cards provide a set amount of data access identified on the face of the card, denominated in megabytes or gigabytes. Data Cards can be added to your phone at any time, as long as the Service is active. Data Cards do not include minutes or service days which must be purchased separately through airtime cards. Unused data will expire upon your Service End Date. Data Cards are available online and at retail locations. Modifications, Interruptions, or Discontinuation of Data Service . Tracfone does not guarantee the availability of Data Services at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available in all areas. Tracfone is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in receipt of the purchased Data Services. If the Data Services, for which you subscribe, are modified, interrupted, discontinued or canceled, Tracfone will not provide refunds for any used or unused subscription time. If you cancel, or attempt to cancel a Data Service download, a subscription purchase or a multi- media message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with these Terms. Non-Rated Content . Tracfone content is not rated and you are solely responsible for the use of such material, which may be o ensive or objectionable to you or to others. You agree not to hold Tracfone liable for any o ensive or objectionable content. 7. INTERNATIONAL LONG DISTANCE SERVICE If your Plan includes international long distance (“ILD”), you may place calls to landlines (and some cellular phones in certain countries) at no additional charge. See tracfone.com (http://www.tracfone.com/) for available Plans, countries and details, which are subject to change without prior notice. In order to place an ILD call, you will need to dial the ILD access number 1 305-938-5673. Airtime deductions for ILD calls begin the moment the ILD access number is dialed. Airtime deductions will apply for dropped or misdialed calls and busy destination numbers. When placing ILD calls, you may experience connection failures more frequently than with domestic calls. Tracfone will not credit airtime minutes deducted for unsuccessful calls. Although ILD calling is available to some countries, You will not be able to make or receive calls on your Tracfone when you are located outside of the United States, Puerto Rico or the U.S. Virgin Islands. Tracfone International Neighbors is a service that enables callers in Mexico to set up a local number to ring on a Tracfone in the US. See the Tracfone website or call 1-800-867-7183 for further details. 8. UNAUTHORIZED USE OF SERVICE 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 7/16 Your Service and any phone using Tracfone Service may not be used for any unauthorized uses that may adversely impact other customers using our Service or the Carriers’ networks. Examples of some unauthorized uses include, but are not limited to, the following: (i) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls; (ii) automated text or picture messaging; (iii) uninterrupted and continuous uploading, downloading, or streaming of audio or video; (iv) as a server device or to host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer file sharing; (v) as a substitute or backup for private lines or dedicated data connections; (vi) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers unless such use is allowed under your Plan. A customer engaged in any unauthorized use may have their Service suspended or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect a Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. We further reserve the right to limit, deny, or terminate Service to anyone we believe is using it in an unauthorized manner or whose usage, in our sole discretion, adversely impacts a Carrier’s network or customer service levels. We will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in our sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your voice minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is abnormally high, or harmful, or disruptive to the Carrier’s network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service. 9. COVERAGE MAPS You will find coverage maps on our website. These maps are for general informational purposes only and depict the general coverage area of Tracfone. Tracfone does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage, while outdoors, of the network on which your phone may be activated including, the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact Service and result in dropped and blocked connections, slower data speeds, no data connectivity, and call interference. This could occur due to many factors including, but not limited to, your device, network changes, network tra c volume, network prioritization, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the Tracfone’s coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the Tracfone plan you select. Tracfone is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 8/16 10. ROAMING Depending on the Carrier network, it is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for using the Service while roaming domestically, Tracfone does not guarantee your ability to roam nor the availability and/or the quality of Service. Domestic roaming may be discontinued or changed at any time without notice. Due to Carrier restrictions, Tracfone reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period. International roaming is not o ered by Tracfone and is strictly prohibited. 11. WI-FI CALLING Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM card (depending on the Carrier). Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it o in your device settings menu. Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s W-Fi connection. To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address online at e911-reg.tracfone.com or by contacting Customer Care at 1-800-867-7183. It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location. As such, always be prepared to report your precise location to emergency responders. Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates di erently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems. TTY Limitations for 911 Calls : Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support 911 calls over TTY devices. Persons with communications disabilities can still reach 911 services by either (1) calling 911 directly using a TTY over the cellular network or from a landline telephone, (2) sending a text message to 911 directly (in areas where text-to-911 is available) from a wireless device, (3) using relay services to place a TTY or captioned telephone service (CTS) call from a wireless phone over the cellular network or from a landline telephone, or (4) using relay services to place a IP Relay or IP CTS call over a cellular data or other IP network. 12. EMERGENCY CALLS If you are in an area where your phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Tracfone service in an emergency situation. In an emergency, locate the nearest landline phone and call for help. 13. DISCLAIMER OF WARRANTIES TRACFONE PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 9/16 EXCEPT AS SET FORTH IN SECTION III (LIMITED WARRANTY), TRACFONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY PRODUCT OR SERVICE. You acknowledge and agree that the use of any Tracfone Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed, or limited for a variety of reasons outside of our control. Not all Products, Plans, or Services are available for purchase or use in all sales channels, in all areas, or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, network prioritization, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier's network. At any time, Tracfone reserves the right to substitute and/or replace any Tracfone equipment (including phones and SIM cards) with other Tracfone equipment of comparable quality. Tracfone does not warrant or guarantee the availability of your Service at any specific time or in any specific geographic location or that the Service will be provided without interruption. Neither Tracfone, nor any Carrier, shall have any liability for Service failures, outages, or limitations of Service. Because of the risk of being struck by lightning, you should not use your phone outside during a lightning storm. You should also unplug the phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain phone features may not be available with the Service or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. 14. LIMITATION OF LIABILITY IN NO EVENT SHALL TRACFONE OR ITS VENDORS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER USER OF YOUR TRACFONE PRODUCT OR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOST PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY AND REGARDLESS IF TRACFONE OR ITS RESPECTIVE VENDORS, SUPPLIERS, OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, TRACFONE, ITS VENDORS, SUPPLIERS, OR LICENSORS’ LIABILITY SHALL BE LIMITED TO U.S. $50. You agree that neither we nor our vendors, suppliers, or licensors are responsible for any damages you may su er or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide any Service, including, but not limited to, deficiencies or problems with a Phone or network coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Service; (e) content or information accessed on your Phone while using our Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services, (h) content or information that is blocked by a spam filter, (i) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (j) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each. 15. UNAUTHORIZED USE OF PRODUCTS Tracfone Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your Tracfone phone constitutes a violation of your agreement with Tracfone and will invalidate the Limited Warranty associated with your Tracfone phone. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Tracfone phone in a manner which conflicts with the Unlocking Policy referenced in Section IV below. You also agree not to use unauthorized PINs with Tracfone phone or engage in any other unauthorized or illegal use of your phone or the Service, or assist others in such acts, or to 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 10/16 sell and/or export Tracfone phones outside of the United States. Any attempt to unlock your Tracfone phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your Tracfone phone may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your Tracfone phone may result in the immediate suspension or termination of your Service without notice and legal action. Tracfone will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision through your improper, illegal, or unauthorized use or sale of your Tracfone phone shall entitle Tracfone to recover liquidated damages from you in the amount of not less than $5,000 per Tracfone phone purchased, sold, acquired or used in violation of this provision. For more information about the unauthorized use of Tracfone phones refer to www.stopcellphonetra cking.com (http://www.stopcellphonetra cking.com) . If your Tracfone phone has a SIM Card, then you agree to safeguard your SIM Card and not to allow any unauthorized person to use your SIM Card. You agree not to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of your SIM Card or to allow any other person to do so. Any violation of the restrictions on the use of your SIM Card that are contained in this section may result in the immediate termination of your Service without notice. Tracfone and its Carriers or service providers, may, from time to time, remotely update or change the encoded information on your SIM card or your phone. In the event of termination for any other unauthorized usage, you will forfeit your unused Service and you will not be entitled to receive a refund for your Tracfone phone or for any unused Service. 16. INDEMNIFICATION You agree to indemnify and hold harmless TracFone Wireless, Inc. d/b/a Tracfone from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties including the costs, expenses, and attorneys’ fees on account thereof resulting from your use of a Tracfone Product or Service, whether based in contract or tort (including strict liability) and regardless of the form of action. 17. DISPUTE RESOLUTION Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care department at 1-800-867-7183 . Before taking any formal action, You agree to first contact us and provide a description of your dispute, all relevant documents, and Your proposed resolution. If we are unable to resolve Your dispute within 30 days of Your notice to us, You agree to submit Your dispute to binding arbitration or small claims court as set forth in this provision. Please forward Your dispute to: TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, FL 33178. BINDING ARBITRATION PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND TRACFONE FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT. This provision is intended to encompass all disputes or claims arising out of Your relationship with Tracfone, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to You and Tracfone include our respective subsidiaries, a liates, predecessors in interest, successors, and assigns. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 11/16 All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Tracfone by contacting our Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879, or by contacting Tracfone’s Legal Department as set out above. You and Tracfone agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, You can choose to proceed with arbitration being decided on the documents submitted in an e ort to minimize costs and the time it may take for an arbitrator to reach his or her decision. You and Tracfone agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, You and Tracfone agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. Absent a finding that Your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Tracfone will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that Your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between You and Tracfone in accordance with AAA Rules. Additionally, Tracfone hereby waives any right to seek its attorney’s fees from You in the event that it prevails in the arbitration, except where Your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to You, the customer, where the law would so provide. If You initiate an arbitration in which You seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules. If Tracfone made You a settlement o er that You rejected prior to entering arbitration and the arbitrator ultimately finds in Your favor in any respect with an award that is greater than the last written o er made to You by Tracfone, Tracfone will pay You the amount of the award or a minimum of $5,000, whichever is greater. Additionally, Tracfone will pay Your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that Your attorney reasonably incurs for investigating, preparing, and pursuing Your claim. If Tracfone opted not to make You a written settlement o er, these same terms apply, meaning that You are guaranteed a minimum award of $5,000 if the arbitrator finds in Your favor and that Tracfone will reimburse Your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and You and Tracfone agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits. Unless You and Tracfone agree otherwise and in an e ort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of Your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless You and Tracfone agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which You, the customer, reside to the dispute. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and Tracfone waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) Your right to serve in a representative capacity in any class or consolidated basis. Neither You nor Tracfone shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction. In the event that any claim proceeds in a court of law rather than through arbitration, You and Tracfone agree that there will not be a jury trial. You and Tracfone unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and Tracfone further agree that in the event of 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 12/16 litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury. YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH TRACFONE AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OUT OF THIS PROVISION BY CALLING US AT 1- 800-867-7183 OR BY WRITING TO TRACFONE WIRELESS, INC., ATTN: LEGAL DEPARTMENT-CONSUMER CLAIMS, 9700 NW 112 AVENUE, MIAMI, FL 33178. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION. 18. GOVERNING LAW This Agreement shall be construed under the laws of the state in which you, the customer, reside, without regard to the state’s choice of law rules, except for the arbitration provision contained in these Terms, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida. 19. PRIVACY POLICY To view the Tracfone Privacy Policy, refer to the Tracfone website found at tracfone.com (http://www.tracfone.com/). 20. ENTIRE AGREEMENT This Agreement, the Privacy Policy, the Limited Warranty, the Return Policy, the Unlocking Policy, and any additional terms and conditions below (to the extent applicable) constitute the entire Agreement between you and TracFone Wireless, Inc. with respect to any Tracfone Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way a ect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. II. RETURN POLICY To see the return policy (“Return Policy”) applicable for your phone, please refer to the section below based on how you made your purchase. Tracfone does not allow returns or provide refunds for any SIM Kits or Plans you may have purchased. Store Purchases . If you purchased a Tracfone phone from a retailer or wireless dealer (and not from Tracfone directly either by phone or online), your Phone purchase is subject to that retailer’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase. Tracfone will not process the return of any Tracfone phone sold to you by a retailer or wireless dealer. Online Purchases from Tracfone . If you purchased your Tracfone phone from Tracfone’s o cial website, you have thirty (30) days from the date your phone was delivered to you to return it to us for either an exchange or a refund. To process a return, you must follow the return instructions that came with your Phone and pay for the shipping cost to send it back to us. To be eligible for a return you must meet the following requirements: · The phone you are returning must have been purchased from Tracfone’s o cial website and the IMEI numbers must be verified. · You must return the phone in like new, working condition, returned in the original manufacturer’s packaging with all included accessories, including, device, battery, charger, and manual. The phone must not have any liquid or physical damage. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 13/16 · You must pay for the cost to ship the phone back to us and include a copy of your receipt. If anything is missing or device is not in like-new condition, your shipment may not be accepted. If a device has physical or liquid damage it cannot be returned and a credit will not be issued. Tracfone will return ineligible devices to you at the same address shown on the shipping label. No restocking, handling, or shipping fees will be charged to you for this device return. If your return meets the above requirements and you have requested an exchange for a device that costs more, you will have to pay the di erence in price between the phone you are returning and the new phone you are seeking to purchase. If your return meets the above requirements and you have requested a refund, please be advised that it takes up to thirty (30) business days to process the return and credit your account. Credit for returned phones will appear on your credit card statement between 1-2 billing cycles. Your credit for a returned phone will not include any shipping or delivery costs you were charged or incurred for purchasing or returning the phone. III. LIMITED WARRANTY All new Tracfone phones (except iPhones) are covered by a one (1) year limited warranty administered by Tracfone as set forth below. All reconditioned or refurbished phones sold by Tracfone (except iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by Tracfone. New Apple iPhones are covered by a one-year limited warranty o ered and administered by Apple. Please visit apple.com (http://www.apple.com) for more information. To the extent available for purchase, refurbished iPhones and certified pre-owned phones are not covered by a limited warranty but may be returned for a refund within 30 days of purchase. A Phone that you own which was not purchased from Tracfone but that is registered with Tracfone under the Bring Your Own Phone program is not covered by this limited warranty. How To Obtain Warranty Service . To obtain warranty service for your Tracfone Phone, please contact Customer Care at 1-800-867- 7183. If your problem cannot be resolved over the phone, our technicians will provide you with a Return Authorization Number, which you will use to send your Phone and/or accessories (“Product”) to the designated Service Center for repair or replacement, at our option. Terms of Limited Warranty : 1. The limited warranty for any applicable Product begins on the date of your purchase and is only applicable for defects in material and workmanship that result in Product failure during normal usage. 2. The limited warranty extends only to the original purchaser (“Purchaser”) of the Product and is not assignable or transferable to any subsequent purchaser. The limited warranty extends only to Purchasers who purchase the Product in its original packaging from an authorized dealer or retailer. Upon request from Tracfone, the Purchaser must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt. 3. During the limited warranty period, Tracfone will replace or repair, at Tracfone’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. Tracfone may, in its sole discretion, replace the Product with a di erent but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 14/16 4. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. Tracfone’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Purchaser returns the Product to Tracfone for repair, determined by the price paid by the Purchaser for the Product less a reasonable amount for usage. Tracfone shall not be liable for any other losses or damages. These remedies are the Purchaser’s exclusive remedies for breach of warranty. 5. The Purchaser shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable: (a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Tracfone, including damage caused by shipping. (b) The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots or damage caused by the connection to other products not recommended for interconnection by Tracfone. (c) Tracfone was not advised in writing of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period. (d) The Product serial number plate or the enhancement data code has been removed, defaced or altered. (e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product. (f) The Product is outside of the limited warranty period. 6. Tracfone shall not be liable for delay in rendering service under the limited warranty, loss of use of the service during the period that the product is returned for replacement or warranty service or for the loss or unauthorized use of customer passwords, personal information, contacts, pictures, videos, applications, music, ringtones and other content. 7. Tracfone neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement. 8. This is the entire warranty between Tracfone and the Purchaser, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms. 9. This limited warranty allocates the risk of failure of the Product between the Purchaser and Tracfone. The allocation is recognized by the Purchaser and is reflected in the purchase price. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Purchaser). This limited warranty gives the Purchaser specific legal rights and the Purchaser may also have other rights which vary from state to state. IV. UNLOCKING POLICY For Customers with Tracfone Phones Capable of Being Unlocked : Tracfone will provide an unlocking code to customers who request unlocking, provided they meet the following conditions: (a) Customers must request phone unlocking. Tracfone will unlock phones of current and former Tracfone customers without charge. Non-former customers may request unlocking, but Tracfone may charge a reasonable fee. 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 15/16 (b) The Tracfone phone must have been activated on Tracfone Service for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months. (c) Customers must possess a Tracfone phone that is not reported stolen, lost, or associated with fraudulent activity. (d) If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, Tracfone will honor that customer’s unlocking request. For Customers with Tracfone Phones not Capable of Being Unlocked : Tracfone will provide customers with a partial refund or credit against the purchase of a new Tracfone phone if they meet the following conditions: (a) Customers must request phone unlocking. (b) Customers must have had their locked device activated on Tracfone Service for no fewer than 12 months, redeemed air time cards in no fewer than 12 months, and not have had their telephone number recycled or ported. (c) Customers must request this interim unlocking solution while their Tracfone Service is active or within 60 days after their Service expires. This 60-day grace period applies even if the customer’s telephone number was recycled or ported. (d) Customers must currently own a Tracfone phone model launched on Tracfone’s Service after February 11, 2014 or activated with Tracfone’s Service after February 11, 2015. (e) Customers must possess a Tracfone phone that is in working condition. (f) Customers must possess a Tracfone phone that is not reported stolen, lost, or associated with fraudulent activity. (g) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, Tracfone will honor that customer’s unlocking request by sending a refund for the trade-in value of the used, locked phone returned by the customer without regard to the 12 months of service activation and Service Plan redemption eligibility requirements. However, all other eligibility criteria apply to Tracfone’s customers who are deployed military personnel. (h) Customers are eligible for this program only once every twelve (12) months. After an eligible customer contacts Tracfone to request the trade-in value of his or her phone, Tracfone will provide a prepaid mailer for the customer to return the used, locked phone. Upon receipt of the device, Tracfone will send the customer a check for the trade- in value of the phone. The trade-in value is determined by a formula reached through agreement with the FCC. Eligible customers may elect to have the trade-in value of their handset applied to the cost of a new Tracfone phone that is capable of being unlocked. Customers who would like to check if they are eligible or submit an unlocking request can do so through an online portal at the Tracfone website or by calling 1-888-442-5102. Tracfone may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an e ort to defraud Tracfone or its customers. Tracfone’s Unlocking Policy is subject to change at any time without advance notice. © 2019 TracFone Wireless, Inc. Version: 201907 1/20/2021 Terms and Conditions of Service | Tracfone Wireless https://www.tracfone.com/termsandconditions 16/16 Exhibit 5 Confidential Taxpayer Information – Not Subject to Public Disclosure Per RCW 42.56.230(4) CONFIDENTIAL TAX INFORMATION TF_000367 Amended iand l\esl11.ll."d Wlrell.'s.l Scrvlec Purrhim: ,\~rcemcnl Fl~Al. t:XEl'\!TIO~ AMENDED AND RESTATED WIRELESS SERVICE PL:RCHASE AGREEMENT THIS AMENDED AND RESTATED WIRELESS SERVICE PURCHASE AGREEMENT (this "Agreement") is effective as of this 4th day or September, 2009 ("Effective Date") by and between T-Mobilc USA, Inc,. a Delaware corporation ("T-Mobilc") and TracFonc Wireless. Inc .. a Florida corporation ("TracFonc"). WHEREAS, T-Mobile has the ability 10 provide access lo cellular radio service wi1hin the Territory: and WHEREAS, TracFone desires lo purchase and 1hen distribute cellular radio service through the use of T-Mobile's wireless system within the Activations Footprint, subject to lhe terms and conditions set forth herein; and WHEREAS~ the parties entered into a Wireless Service Purchase Agreement, dated June 8, 2004 (the "Wireless Service Purchase Agreement"), a First Amendment, to allow TracFone lo provide additional SMS services to its customers ("Amendment l"). a Second Amendment da1ed September I, 2007, 10 add certain Dala Services ("Amendment 2"). and a Third Amen,1mcm dated April 9, 2009. to chnnge and clarify certain provisions or Amendment 2 (''Amendment 3"), The Wireless Service Purchase Agreement and Amendments I, 2 and 3 are collectively the "Original Agreement"; and WHEREAS, by 1his Agreement, the parties desire 10 terminate, supersede and restate the Originul Agreement in i1s entirety, 10 extend the tcm1. change the pricing provisions, provide for minimnm commitments by Tracfone. and provide for additional types or service plans. nil in accordance with the terms set forth in 1his Agreement; NOW, l"HEREFORE, in consideration of the mutual agreements contained in this Agreement, the parties agree as follows: ARTICLE I DEFINITIONS The following terms when used herein shall have the meanings set forth below, and wherever from the context it appears appropriate, each defined term stated in either the singular or plural shall include the singular and plural: I. I. "Activations Footprint" means the geographic areas, as defined by postal zip codes, that are avuilable to activate Service for End Users through the Activations Gateway. T- Mobile will include all zip codes in the Activations Footprint that are in areas thal (i) are within the Territory, excluding Territory serviced by Ro'nming Carriers (the "RF Coverage Arca'1, and (iiJ arc within a Local Calling Arcn, CONFIDENTIAL TAX INFORMATION TF_000370 Fl:'llA1. l'.Xl-'.('UTIO~ 1.18. "Effective Date" means the date defined in the opening paragraph of tl11s Agreement, 1.19. •'End User'' means fl Person who obtains Service from Tracfone. 1.20. "Equipment" means all or any portion of the cquipmelll, software, technology, Devices, accessories or other materials or equipmeni used by TracFonc in its business operation or by End Users in their use of Service. 1.21. "Facllltles" means, but is not limited to, the teleco111111unications switching equipment and cell site transcdver equipmclll, maintained, expanded, modified or replaced by T- M obi le or the Roaming Carriers. 10 render Service 10 TracFonc. Customers and End Users in the Territories. 1.22. '1 FCC" mcuns the Feder.al Communications Commission. 1.23. "Fraudulent Usage" means. with respect lo the use of Service, but is 1101 limited lo, the following: (i) accessing, altering or interfering, or at1cmpting or assisting anolher Person to access. aller or interfere. with the comnmnications equipment and/or infonnation ofT~Mobile, any Customer. or End User by rcurranging, tampering or making any unauthorized connection with any wireless telephone equipment or Facilities, or using any schemct false representalion or false credit devices, or by, or through. any other fraudulent means or devices whatsoever, whether within or outside of the Territories (including. wi1hou1 limitation. the alteration. motli(icution or other change to wireless telephone equipment which would he viewed by the Facilities as the provision of Service to two wireless telephones thrm,gh one Number); (ii) using the Service in such u munner so as to interfere unreasonably with the use of Service by T-Mobile or any Customers or End Users; (iii J using the Service to convey information of a nature or in such a manner that renders such conveyance unlawful or 10 convey information found to be unlawful, including, hut not limited to, a finding that such language was foul, profane, obscene, salacious or prurient, or 10 impersonate another person with fraudulent or malicious intent, or for any purpose in violation oflhe law. or in such manner as to interfere unreasonably with lhc use of the Service by any other Customer or End User: andfor (iv) any other unauthorized. wrongful or misappropriated use of Service (including. without limitation. cloning. compromised SIM algorithm, and subscription fraud) on a Number assigned to TracFone, whether or not such Number is currently active and whether such use is by TracFone or one of its End Users. 1.24. "GPRS" means General Packet Radio Service. 4 CONFIDENTIAL TAX INFORMATION TF_000372 Fl~AL EXF.CUTIO:'i 1.38. "Person" means any individual, subsidiary, corporation, limited liability company, partnership, co-partnership, finn, join! venture, association, joint stock company. trnst~ cstale. unincorponued organizalion, governmental or regulatory body or other entity. 1.39. "PTCRB" means PCS Type Cenification Review Board. I .40. "Push Proxy Gateway" means a component of a WAP gateway that pushes URL noti fkation to Devices. 1.41. "Rate Center" means a geographic area that is used by local exchange carriers 10 set rate boundaries for billing and for issuing Numbers. 1.42. "Roaming" mcnns the Service provided lo an End User via lelecommunicalions switching equipment and/or cell site transceiver equipment that is operated by a Person other than T-Mobilc or its subsi,\iarics, and with whom T-Mobile has an agreement to provide Service to Customers and End Users. 1.43. "Roaming Carriers" means Persons with whom T-Mobile has agreements for the provision of Roaming lo Customers and/or End Users. 1.44. ·'Service" means cellular radio service provided by T-Mobilc (through its own Facilities or those of a Roaming Carrier), to provide tclecomm11nications and data transmission to and from Devices, which may include Voice Services, SMS, Data Services, Domestic Long Distance, lnte111ational Long Distance (defined in Exhibit 2) and directory assistance and the other services set forth in Exhibit 2. 1.45 "SIM" means Subscriber Identity Module. 1.46. "SMS" means Short Message Service, which are text messages of 160 characters or less, and includes ·'SMS-MO", SMS-Mobile Originated messages, and ''SMS-MT'", SMS- Mobilc Tcm1inated messages including what is commonly referred to ns P2P, peer to peer, and A2P. application to peer, SMS. 1.47. "SMSC" means a short messaging .service center operated by or for T-Mobilc that munugcs the distribution of SMS messages to End Users. 1.48. "SMS AgRrcgator" means a third pa11y SMS provider that has n connection to T- Mobile's SMSC. 1.49. "SMS Aggregator Connection" meRns a connection between T-Mobilc's SMSC and the SMS Aggregator using the slton message peer-to-peer protocol. 1.50. "SMS Services" means the SMS se1vicc provided by T-Mobile. 1.51. "SS7 Connection" means a connection 10 the SS7 hub. 6 Exhibit 6 Confidential Taxpayer Information – Not Subject to Public Disclosure Per RCW 42.56.230(4) CONFIDENTIAL TAX INFORMATION TF_000724 RETAIL DISTRIBUTION AGREEMENT This Retail Distribution Agreement ("Agreement") is made and entered into this 23rd day of June, 2009 (the "Effective Date") by and between TracFone Wireless, Inc., a Delaware corporation, with its principal place of business at 9700 N.W. I 12th Avenue, Miami, Florida ("TracFone"), and Circle K Stores, Inc, a Texas corporation, with its principal place of business at 1130 W. Warner Road, Tempe AZ, 85284 ("Retailer" or "Circle K"), WITNESSETH: WHEREAS, TracFone is in the business of distributing prepaid wireless phones able to store rates and decrement a prepaid account under the registered TracFone® and NET! o® trademarks ("TracFones") and prepaid cellular airtime cards/or codes for the ailtime minutes to be loaded into the TracFones ("Airtime Codes") to retailers; WHEREAS, TracFone, through third party contractors, provides prepaid wireless services and desires to appoint Retailer to sell TracFones, Airtime Codes and Accessories ("Products") ; and WHEREAS, Retailer desires to purchase the Products from TracFone for sale at all of its existing retail locations (including those of its affiliate, Mac's Convenience Stores, LLC), as well as each new location opened during the term hereof ( each, a "Location"), all of which currently existing are identified in Exhibit A. NOW, THEREFORE, for and in consideration of the mutual promises herein contained, it is hereby agreed: .L , .... ~ i )<, '(~ Term and Termination. The Initial Term of this Agreement {the "Initial Tenn") shall commence on the Effective Date and continue for a period of one (1) year. This Agreement shall be automatically extended for successive one (1) year terms thereafter upon the expiration of the Initial Term and each subsequent term, unless notice of non-renewal is given in writing by either party at least ninety (90) days prior to the expiration of the then current term. Either party has a right to terminate the Agreement with ninety (90) days advance written notice. Either party may tem1inate this Agreement upon written notice to the other party if such other party fails to cure a breach of its obligations hereunder within thirty (30) calendar days after the delivery of written notice describing such breach. TracFone may tenninate this Agreement immediately upon written notice to Retailer if the Retailer commits a material breach which, because of its nature, is incurable or in the event Retailer fails to pay any invoice when due. 1n the event TracFone terminates the Agreement for non-payment, TracFone shall also have the right to immediately, and without further notice, render all Airtime Codes and TracFones then in Retailer's inventory or in Retailer's possession or control, inoperable and Retailer agrees to immediately return all such TracFones and ' . , . ' ---,< -~/--: ,/ ,, _j\irti111e Col!tl§ .itlls . .sde. eiq1ense_to _ TracEone,-This Agreement-shall-terminate-- CONFIDENTIAL TAX INFORMATION TF_000725 2. automatically upon either party's cessation of business, election to dissolve, dissolution, insolvency, general assignment for the benefit of creditors, or filing of any petition in bankruptcy or for relief under the provisions of the bankruptcy laws. a. Retailer Duties. Products. Pricing. Payment Terms and Return .Policy and Subsidv Protection: TracFone will sell or cause its designee to sell to Retailer, and Retailer will purchase from TracFone or its designee. Products, subject to the terms and conditions specified herein: Retailer Duties: Retailer shall: (i) Sell each unit of Product sold by it hereunder in its original packaging and shall not modify such packaging or include any other trademarks, logos or other insignia on the Products. (ii) Sell and merchandise all denominations of Airtime Codes on a continual basis. (iii) Include with each unit of Product sold by it hereunder the entire contents contained within the packaging for same, including but not limited to all documentation and end user agreement for such Product and shall not modify or supplement the terms thereof. (iv) Obtain and maintain in good standing any and all permits, licenses, space leases or other permissions or rights necessary or required to perform its obligations hereunder in compliance with applicable laws. (v) Use its reasonable efforts to promote the sale of the Products. (vii) Actively manage its inventory needs for Product to ensure that each Location has adequate TracFones and each denomination of Ai1time Codes to meet cuffent and anticipated customer needs. (viii) Comply with any other reasonable requests ofTracFone as it relates to Retailer's performance under this Agreement. b. TracFones· Retailer hereby agrees to purchase from TracFone and TracFone hereby agrees to sell to Retailer, TracFone· handsets at the costs set fo1th below or at such other costs as my be established by TracFonc from time to time during the term of this Agreement: TracFone Handsets: COST MSRP Samsung TIO! (GSM) (>. TF KyocernJSl~6 .. 7( ·;---- ,~·- '"-~ Jt1 CONFIDENTIAL TAX INFORMATION TF_000726 TracFone Handset Models are subject to change from time to time and shall be as agreed to by the parties. Orders ofTracFones will be subject to a minimum quantity o] lracFones per order. TracFone Handsets include TraoFone and NETJ O branded phones. At the inception of the Agreement, onlyTracFone branded handsets will be sold/purchased. c. Airtime Codes: Retailer may purchase Airtime Codes from TracFone at the prices set forth below or at such other prices as may be established by TracFone from time to time during the term of this Agreement. Retailer agrees to pay for purchases of Airtime Codes based on daily retailer sales reports to be furnished to TracFone by Retailer. All invoices for Airtime Codes shall be payable by Retailer net fifteen (15) days from invoice date. Notwithstanding the foregoing, Retailer shall pay for Airtime Codes, which are redeemed by TracFone end,users, but are not included within the retailer sales reports provided as the source of invoicing records hereunder. These additional Airtime Codes invoices will be rendered periodically by TracFone throughout the term of this Agreement and shall be payable net fifteen (15) days from date of invoice. TRACFONE AIRTIME CODES ITEM INVOICE PRICE == = Return of Airtime Codes is not permitted and no refunds shall be provided. d. Order Processing. At the inception of this Agreement, Retailer agrees to place orders through Front End Services (FES) as its primary order center for all participating Locations. TracFone reserves the right to change, modify, and/or use other points of distribution/order processing. e. Payment Tenns: All sales to Retailer shall be invoiced by Front End Services and invoices may be sent by Electronic Data Interchange. Invoices will be generated on the date of shipment. All Handset Invoices are due to TracFone Net 30 days, date of shipment. Payment shall be made via ACH pursuant to the wiring instmctions provided in writing from TracFone.