Product Warranty

e) The defect or damage was caused by viruses or other software problems introduced into the
Product.
(7) TracFone does not warrant uninterrupted or error-free operation of the Product or Service.
(8) TRACFONE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE
CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED. TRACFONE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED
BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES,
LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST
OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD
PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE
PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE
THEORY, EVEN IF TRACFONE KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. TRACFONE
SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY,
LOSS OF USE 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 OR OTHER CONTENT.
(9) 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 Consumer). This limited warranty
gives the Consumer specific legal rights and the Consumer may also have other rights which vary from
state to state.
(10) 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.
(11) This is the entire warranty between TracFone and the Consumer, 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.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO
THE EXTENT PERMITTED BY LAW, TRACFONE SERVICES AND DEVICES ARE PROVIDED ON AN
“AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING
YOUR SERVICE OR YOUR DEVICE.
LIMITATION OF LIABILITY
TracFone will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive
damages of any kind, including lost profits (regardless of whether it has been notified such loss may
occur) by reason of any act or omission in its provision of equipment and Services. TracFone will not be
liable for any act or omission of any other company furnishing a part of our Services or any equipment or
for any damages that result from any Service or equipment provided by or manufactured by third parties.