TOTAL BY VERIZON TERMS AND CONDITIONS OF SERVICE, AGREEMENT TO ARBITRATE DISPUTES, AND EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM TOTAL BY VERIZON
I. Agreement to Arbitrate Disputes
II. Express Written Consent to Receive Communications
III. Terms and Conditions of Service
IV. Return Policy
V. Limited Warranty
VI. Unlocking Policy
THESE TERMS AND CONDITIONS OF SERVICE 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 I BELOW.
Binding Agreement.Please read these Terms and Conditions of Service, Agreement to Arbitrate Disputes, and Express Written Consent to Receive Communications from Total by Verizon (“Agreement” or “Terms and Conditions”) carefully. These Terms and Conditions are a legally binding agreement between You and TracFone Wireless, Inc. d/b/a Total by Verizon (“Total by Verizon”), which is a Delaware corporation that maintains its principal place of business in Miami, Florida. Total by Verizon is a registered trademark of Verizon Trademark Services, LLC, a Verizon company.
Except where we've agreed otherwise elsewhere in this Agreement, this Agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws and rules of that state. Total Wireless is now Total by Verizon. This Agreement is legally binding between any and all Total Wireless legacy plan customers and Total by Verizon.
Acceptance of Terms and Conditions. Your acceptance of the Terms and Conditions in this Agreement occurs when you do the earliest of any of the following actions: (i) receive notice or a copy of the Total by Verizon Terms and Conditions; (ii) give Total by Verizon a written or electronic signature, or tell Total by Verizon orally that You accept; (iii) use a Total by Verizon Product (“Product”) or Total by Verizon Service (“Service); (iv) activate or continue Service; (v) register Your Account with Total by Verizon; (vi) use Your Service after Your Service is activated; (vii) make any addition or change to Your Service; or (viii) pay for Your Service or any Product. For assistance or more information, please contact Total by Verizon Customer Care at 1-866-663-3633.
Total by Verizon reserves the right to change or modify any of these Terms and Conditions at any time. Any changes or modifications to these Terms and Conditions are effective and will be binding upon you when posted on our website attotalbyverizon.com. Because these Terms and Conditions are subject to change at any time, you should always check our website for the most current Terms and Conditions. Notwithstanding this provision, if we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change, unless you want them to apply to a pending dispute. For assistance or more information about your Total by Verizon Product or Service, please contact Total by Verizon Customer Care at 1-866-663-3633.
I. AGREEMENT TO ARBITRATE DISPUTES
Important Notice:Many customer concerns can be resolved quickly and to your satisfaction by contacting the Customer Care Department, at1-866-663-3633. If we are unable to resolve your dispute, then you and we agree to resolve all disputes in arbitration or small claims court as described below.
YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES IN ARBITRATION MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD, SUBJECT TO THE LIMITS ON ARBITRATOR AUTHORITY SET FORTH BELOW. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. THE SAME DEFENSES ARE ALSO AVAILABLE TO BOTH PARTIES AS WOULD BE AVAILABLE IN COURT INCLUDING ANY APPLICABLE STATUTE OF LIMITATIONS. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES OR AS SPECIFICALLY NOTED BELOW, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT, INCLUDING THE VALIDITY, ENFORCEABILITY, OR SCOPE OF ANY PORTION OF THIS AGREEMENT (INCLUDING THE AGREEMENT TO ARBITRATE) EXCEPT AS NOTED BELOW, OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US, OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES, OR FROM OUR EFFORTS TO COLLECT AMOUNTS YOU MAY OWE US FOR SUCH PRODUCTS OR SERVICES, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AS EXPLAINED BELOW IN PARAGRAPH 2. YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.
(2) UNLESS YOU AND TOTAL BY VERIZON AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AND THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG) OR FROM US. FOR CLAIMS OF $25,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE. ALTERNATIVELY, FOR CLAIMS WITHIN THE JURISDICTIONAL LIMIT OF THE SMALL CLAIMS COURT IN THE STATE ENCOMPASSING YOUR BILLING ADDRESS, EITHER YOU OR TOTAL BY VERIZON CAN CHOOSE TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT INSTEAD OF PROCEEDING IN ARBITRATION; FURTHERMORE, IF THE CLAIMS IN ANY REQUEST OR DEMAND FOR ARBITRATION COULD HAVE BEEN BROUGHT IN SMALL CLAIMS COURT, THEN EITHER YOU OR TOTAL BY VERIZON MAY CHOOSE TO HAVE THE CLAIMS HEARD IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, AT ANY TIME BEFORE THE ARBITRATOR IS APPOINTED, BY NOTIFYING THE OTHER PARTY OF THAT CHOICE IN WRITING. IF THIS PROVISION OR THE LIMITATION ON BRINGING ACTIONS TO SMALL CLAIMS COURT IS FOUND TO BE INVALID, THEN THIS PROVISION SHALL BE SEVERABLE AND THE MATTER WILL PROCEED IN ARBITRATION; IN NO WAY WILL THIS PROVISION ALLOW FOR AN ACTION TO BE BROUGHT ON A CLASS OR COLLECTIVE BASIS.
(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY UNDER APPLICABLE LAW OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO TOTAL BY VERIZON SHOULD BE SENT TO: TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, Florida 33178. THE NOTICE MUST INCLUDE ENOUGH INFORMATION TO ALLOW US TO IDENTIFY YOUR ACCOUNT AS WELL AS TO ASSESS AND ATTEMPT TO RESOLVE YOUR CLAIM, INCLUDING THE NAME OF THE TOTAL BY VERIZON WIRELESS ACCOUNT HOLDER, THE MOBILE TELEPHONE NUMBER AT ISSUE, A DESCRIPTION OF THE CLAIM, THE SPECIFIC FACTS SUPPORTING THE CLAIM, THE DAMAGES YOU CLAIM TO HAVE SUFFERED AND THE RELIEF YOU ARE SEEKING. THE NOTICE REQUIREMENT IS DESIGNED TO ALLOW TOTAL BY VERIZON TO MAKE A FAIR, FACT-BASED OFFER OF SETTLEMENT IF IT CHOOSES TO DO SO. YOU CANNOT PROCEED TO ARBITRATION UNLESS YOU PROVIDE THIS INFORMATION. YOU MAY CHOOSE TO BE REPRESENTED BY AN ATTORNEY OR OTHER PERSON AS PART OF THIS PROCESS, BUT IF YOU DO YOU MUST SUBMIT A LETTER OR THE FORM AVAILABLE AT:
AUTHORIZING US TO DISCUSS YOUR ACCOUNT INFORMATION WITH THIS ATTORNEY OR OTHER PERSON. THE SUFFICIENCY OF THIS NOTICE IS AN ISSUE TO BE DECIDED BY A COURT PRIOR TO THE FILING OF ANY DEMAND FOR ARBITRATION. IF YOU HAVE PROVIDED THIS INFORMATION AND WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 60 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL REIMBURSE ANY FILING FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE AT THE CONCLUSION OF THE ARBITRATION IF YOU FULLY PARTICIPATE IN THE PROCEEDING. WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED BY THE ARBITRATION TRIBUNAL. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FILED FOR PURPOSES OF HARASSMENT OR IS PATENTLY FRIVOLOUS, THE ARBITRATOR WILL REQUIRE YOU TO REIMBURSE TOTAL BY VERIZON FOR ANY FILING, ADMINISTRATIVE OR ARBITRATOR FEES ASSOCIATED WITH THE ARBITRATION.
(5) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.
(6) IF 25 OR MORE CUSTOMERS INITIATE NOTICES OF DISPUTE PURSUANT TO PARAGRAPH 4 ABOVE OR FILE A COMPLAINT IN COURT, WHICH RAISE SIMILAR CLAIMS, AND COUNSEL FOR THE TOTAL BY VERIZON CUSTOMERS BRINGING THE CLAIMS ARE THE SAME OR COORDINATED FOR THESE CUSTOMERS, THE CLAIMS SHALL PROCEED IN ARBITRATION IN A COORDINATED PROCEEDING. COUNSEL FOR THE TOTAL BY VERIZON CUSTOMERS AND COUNSEL FOR TOTAL BY VERIZON SHALL EACH SELECT FIVE CASES TO PROCEED FIRST IN ARBITRATION IN A BELLWETHER PROCEEDING. ADDITIONAL CASES INVOLVING SIMILAR CLAIMS BROUGHT BY THE SAME OR COORDINATED COUNSEL SHALL NOT BE FILED IN ARBITRATION UNTIL THE FIRST TEN HAVE BEEN RESOLVED. IF THE PARTIES ARE UNABLE TO RESOLVE THE REMAINING CASES AFTER THE CONCLUSION OF THE BELLWETHER PROCEEDING, EACH SIDE MAY SELECT ANOTHER FIVE CASES TO PROCEED TO ARBITRATION FOR A SECOND BELLWETHER PROCEEDING. THIS PROCESS MAY CONTINUE UNTIL THE PARTIES ARE ABLE TO RESOLVE ALL OF THE CLAIMS, EITHER THROUGH SETTLEMENT OR ARBITRATION. IF SUCH A PROCESS IS INITIATED, THE FILING OF A NOTICE OF DISPUTE BY A CUSTOMER IN ACCORDANCE WITH PARAGRAPH 4 OR FILING OF A COMPLAINT IN COURT WILL TOLL ALL APPLICABLE STATUTES OF LIMITATIONS FOR THAT CUSTOMER’S DISPUTE UNTIL THE COMPLETION OF THE PROCESS DESCRIBED IN THIS PARAGRAPH. A COURT WILL HAVE AUTHORITY TO ENFORCE THIS PARAGRAPH INCLUDING BY ENTERING AN INJUNCTION TO PROHIBIT FILINGS IN VIOLATION OF THIS PARAGRAPH.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF A COURT DETERMINES THAT THE PROHIBITION ON CLASS ARBITRATIONS OR THE LIMITS ON THE ARBITRATOR’S AUTHORITY SET FORTH IN SUBSECTION (3) OR THE PROCESS SET FORTH IN SUBSECTION (6) CANNOT BE ENFORCED UNDER APPLICABLE LAW AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE, WHICH MAY PROCEED IN COURT EITHER ONCE THE ARBITRATED MATTERS HAVE CONCLUDED OR SOONER IF THE COURT SO REQUIRES.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND TOTAL BY VERIZON AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THERE WILL NOT BE A JURY TRIAL. YOU AND TOTAL BY VERIZON UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
II. EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM TOTAL BY VERIZON
By agreeing to these Terms and Conditions, you expressly consent to and authorize Total by Verizon and its affiliates, agents, and its third-party representatives to use written, electronic or verbal means to contact you for any reason, including regarding information about your Service, Service reminders, payment reminders, payment confirmations, renewal confirmations, requisite notices and marketing of any kind, including offers, solicitations, and promotions. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, push notifications, emails, and/or automatic telephone dialing systems. You agree that Total by Verizon and its affiliates, agents, and its third-party representatives may, now or in the future, use any email address or the telephone number that you are assigned for your Total by Verizon Service, to contact you for any reason, regardless of whether you incur charges as a result.
Subject to your right to opt out as set forth below, this consent may not be revoked. You have the right to opt out from receiving marketing communications from Total by Verizon at any time. You may exercise this right to opt out by, among other things, writing to us at Total by Verizon, Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, Florida 33178, opting out or unsubscribing from email or SMS marketing through available set mechanisms, or calling 1-866-663-3633. If you choose to communicate your choice to opt out by writing to us, your letter must indicate your name, Total by Verizon phone number and device IMEI, and state that you are opting out from receiving marketing communications from Total by Verizon.
III. TERMS AND CONDITIONS OF SERVICE
1. Activating Your Service
To use Total by Verizon Service, you must first purchase a Total by Verizon phone or a Total by Verizon Keep Your Own Phone SIM Kit (“SIM Kit”) that can be used to activate a phone that is compatible with Total by Verizon Service under the Keep Your Own Phone program. At the time of purchase, you may be charged applicable taxes, fees or surcharges set by federal, state or local governments. To activate your phone, you must also purchase and redeem a Total by Verizon plan (“Plan”). For more information about our Plans, visit our website or see Section 3, below.
You may activate your Service by visiting our website attotalbyverizon.comor by calling our Customer Care Department from a phone other than the one you intend to activate. If you have purchased a 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 with 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 wireless 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 to you.
When you activate the Service, you will 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.
Total by Verizon Service can only be activated where Total by Verizon Service is offered and supported by Total by Verizon. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by Total by Verizon are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Total by Verizon.
Keep Your Own Phone.If you are activating your own compatible phone under the Keep 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 Keep 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 Keep Your Own Phone program. Except for Total by Verizon Hotspots, 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.
All aspects of the Service, including Plan rates, offerings, 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. Plans have no cash value and are non-refundable. Plans cannot be transferred to another account, nor can they be used with or transferred to another brand owned by TracFone Wireless, Inc. or another wireless service provider. No refunds or discounts will be given for (i) unused Service that expires after your Service End Date; (ii) unused Service if your Phone is lost or stolen; or (iii)Plans purchased that are not compatible or supported by your Phone.
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, subject to the acceptance of the then-current Terms and Conditions for Service at the time of such reactivation. Any Service which remains unused at the time of termination cannot be refunded or transferred to another person.
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:
(a) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a Total by Verizon representative, officer, employee, agent, or authorized retailer;
(b) using your Service for any unlawful, fraudulent, or illegal purpose;
(c) using your Service in any way that adversely affects the Service or the Carrier’s network;
(d) violating any Term or Condition contained in this Agreement.
3. Service Plans
Your Service will only operate after you have purchased and redeemed a service plan (“Service Plan”) and so long as you have service days left on your monthly plan cycle. Please visit our website attotalbyverizon.comfor the latest information regarding our Service Plans, including the amount of data provided by each Service Plan.
Monthly Service Plans. Total by Verizon offers both “Individual” and “Shared” Monthly Plans. Individual Plans support a single phone or wireless device (collectively “Devices”). Shared Plans can support up to five (5) approved devices depending on the type of Service Plan you purchase. You may choose to use only one device with a Shared Plan and you may choose to add or remove additional devices, provided you have purchased a Shared Plan capable of supporting the number of devices you wish to use with your Service. To establish Service for more than one approved device, you must first purchase a Shared Plan and then register each device you wish to use with your Shared Plan. Service will only work with devices that are compatible with our network. The person who established and controls the Account is the only person who may add or remove a device from a Shared Plan. Once you have purchased a Shared Plan that supports a specific number of devices and have registered the maximum number of devices for your selected Shared Plan, you may not add an additional device to your Account unless you remove a previously registered device from your Service Plan or upgrade to a Service Plan that supports additional devices.
Service End Date: The Service End Date on your Service Plan is the last day of your monthly plan cycle. Your Service End Date is determined by the date on which you activate your Total by Verizon Service. If you have a Service Plan and multiple approved devices, your Service End Date is determined by the date on which the first approved device was activated to use Total by Verizon Service. Thus, any devices that are activated subsequent to the day on which your first device was activated to use Total by Verizon Service may have less service days available depending on the circumstances. If you fail to purchase a new Service Plan prior to your Service End Date, your Service will be deactivated on the Service End Date and, if applicable, you may lose your phone number(s). To prevent this from occurring, please keep your Total by Verizon Service active by purchasing a Service Plan before your Service End Date. When you purchase a Service Plan, you will be prompted to redeem the Service Plan at the time of purchase or on your Service End Date. If you choose to apply the Service Plan at the time of purchase, you will lose any unused data remaining on your Service Plan. Total by Verizon reserves the right to deactivate any Total by Verizon account for which there is no voice, text or data usage for a period of twelve (12) consecutive months. If your Total by Verizon Service is deactivated, your Service can be reactivated by purchasing and redeeming any Service Plan. Once reactivated, however, your device may be assigned a new phone number.
Add-On Data Plans:Total by Verizon provides you the option of purchasing additional data to supplement the data allotment provided by your monthly Service Plan. Data provided by an Add-On Data Plan will increase the total amount of data available under your Account and may be shared by multiple devices if you have a Shared Service Plan. Any data you have purchased through an Add-On Data Plan will not be used until you have completely exhausted the data allotment provided by your Service Plan. Data purchased through an Add-On Data Plan is not forfeited at the end of your monthly plan cycle and may continue to accrue or rollover until it is completely used or your Account is inactive for more than thirty (30) days and deactivated.
Total by Verizon Reserve: With Total by Verizon Reserve, you may purchase and add one or more Service Plans to your Total by Verizon Reserve and use them whenever you need. Any Service Plans in your Total by Verizon reserve will be automatically applied on your Service End Date. You may redeem the Service Plans in your Total by Verizon Reserve at any time by accessing your Account; however, if you do so, you will lose any unused Service and Service Days left under your previous Plan. If you are an Auto-Refill customer and add a Service Plan to your Total by Verizon Reserve, the Service Plan in your Total by Verizon Reserve will take precedence over Auto-Refill and will be applied before your next Auto-Refill purchase is processed.
Total by Verizon Auto-Refill: You may enroll in Auto-Refill to purchase your monthly Service Plan by registering your credit or debit card online at the Total by Verizon website and selecting a Service Plan. 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 monthly charge for the cost of the Service Plan you elect to purchase on a recurring basis. Please note that if you have any Service Plans in your Total by Verizon Reserve, these Service Plans will be applied first before an Auto-Refill purchase is processed. Once you have used all of the Service Plans in your Total by Verizon Reserve, your Auto-Refill purchases will resume. By enrolling in Auto-Refill, you agree to receive communications from Total by Verizon regarding your enrollment including, without limitation, upcoming payment dates or unsuccessful payment notifications. In the event that your Auto-Refill payment is unsuccessful, Auto-Refill will be suspended on your Account. If you make a payment within ten (10) days of an unsuccessful Auto-Refill payment using the same or a new debit or credit card, you agree that we may resume your Auto-Refill enrollment so that your recurring Plan purchases will continue on a recurring basis.
4. Text Messaging
Total by Verizon does not participate in Premium SMS services or campaigns. Premium SMS services usually involve sending a text message to a designated “short code” or attempting to buy SMS services from anyone other than Total by Verizon. Premium SMS campaigns include casting a vote, expressing your opinion, playing a game, or participating in interactive television programs through the use of a wireless phone.
You should not attempt to participate in Premium SMS services or campaigns other than those authorized by Total by Verizon. Any text message you send to a “short code” not authorized by Total by Verizon will likely not go through. Any charges you may incur as a result of your attempts to participate in Premium SMS services or campaigns not authorized by Total by Verizon are not refundable.
5. International Long Distance
Total by Verizon offers its customers international long distance service (“ILD Service”). Customers who want to add additional ILD Services may purchase a Total by Verizon $10 Pay-As-You-Go International Calling Plan. To determine if your destination of choice is available, please check our website attotalbyverizon.com. Please be advised that available destinations are subject to change without notice at any time. Total by Verizon ILD Service is not a substitute for regular international calling services. It will not allow you to place calls to all destinations or to all countries. Total by Verizon ILD Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers.
Total by Verizon Plans with Unlimited International Calling. If you have purchased a Total by Verizon Plan that includes Unlimited International Calling, you will be allowed to call either the designated countries in your Plan, or to pick up a defined amount of unique international numbers during each Plan cycle. For Plans where you pick a certain number limit, the international numbers you may call will automatically reset once your next Plan cycle begins, unless you purchase a new Plan prior to the start of your next Plan cycle. If you have purchased a Total by Verizon Plan that includes Unlimited International Calling, your ILD Service will only work if you have service days left in your Plan cycle. If your Plan cycle has ended (i.e., your Service End Date has passed), you will need to purchase and redeem a new Plan that includes International Calling in order to have access to ILD Service. Please visit our website to learn more about the specific features and offerings of Total by Verizon Plans that include International Calling.
Total by Verizon $10 Pay-As-You-Go International Calling Plan. If you want to dial an international number in a destination that is not available through a Plan with Unlimited International Calling, you may purchase Total by Verizon’s $10 Pay-As-You-Go International Calling Plan. Total by Verizon also offers a $10 Pay-As-You-Go International Calling Plan that must be used with another Plan for it to work. You may add or refill your ILD Service balance in $10 increments by purchasing a $10 Pay-As-You-Go International Calling Plan from Total by Verizon by calling Customer Care or visiting our website. Your ILD Service will only work when your Service is active and when you have a positive balance in your Account. If you have purchased a $10 Pay-As-You-Go International Calling Plan, you will not be limited in the number of destination numbers you may call. However, the Total by Verizon phone number you provide when purchasing a $10 Pay-As-You-Go International Calling Plan will be the only number that is permitted to dial internationally. You will not be able to transfer your ILD Service to another phone number.
The applicable rates to specific countries, regions or cities for customers who have purchased a $10 Pay-As-You-Go International Calling Plan are available online attotalbyverizon.comAll rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. Total by Verizon’s $10 Pay-As-You-Go International Calling Plan expires 180 days after last use or thirty (30) days after your Total by Verizon Service is suspended.
Total by Verizon ILD Service may be provided by other carriers, many of which may not have a direct contractual relationship or service level agreements with Total by Verizon. ILD Service provided by these third parties may not be the same as service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service. No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country.
Total by Verizon ILD Service is intended for live dialogue between and initiated by two individuals for personal use and not for commercial use or resale. Personal use is defined as a call originated or received by a Total by Verizon customer to initiate conversation between two individuals, one of whom is talking from a landline or wireless international destination. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. The service is not for commercial use or resale. Loaning or renting your phone or service to other persons for their use or calling, hosting, establishing or maintaining a chat line is not considered personal use. We will presume a customer is engaged in non-personal use in violation of our Terms and Conditions if their international long distance calling usage exceeds three times the average usage of our ILD Service subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice.
Total by Verizon will presume certain usage, dialing or calling patterns to indicate that you are using the ILD Service in violation of these Terms and Conditions and we reserve the right to suspend, terminate or restrict your Total by Verizon Service without prior notice. If you believe that we are in error, please contact Customer Care at 1-866-663-3633 and depending on the circumstances, we may reactivate your ILD Service. If, however, your usage, dialing or calling patterns continue to violate these Terms and Conditions, we reserve the right to suspend, terminate or restrict your Total by Verizon Service with no prior notice. You will not receive a refund if your service is terminated for violating these Terms and Conditions.
You agree not to use Total by Verizon’s ILD Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (a) interferes with our ability to provide the ILD Service to you or to other customers; (b) violates applicable law or this Agreement; (c) avoids your obligation to pay for the Service; or (d) is not for consumer use. You agree not to resell your Total by Verizon ILD Service or to use your ILD Service for any unlawful or abusive purpose or in such a way as to create damage or risk to our business, reputation, employees, facilities, third parties or to the public generally.
Total by Verizon ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.
Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call.
You are responsible for safeguarding your ILD Service and Account information. Total by Verizon is not responsible for and will not issue credit for unauthorized use.
6. Data Services
Some Total by Verizon Plans also provide data services. Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including, but not limited to, (i) opening or using an internet browser or app in any way, including, but not limited to, app installations and updates, (ii) sending, receiving, or downloading any type of content, including, but not limited to, emails, documents, pictures, MMS messages or any other content, or (iii) if data access or a data connection is initiated in any other way or for any other purpose.
5G Ultra Wideband, 5G, 4G, or 4G LTE networks are not available on all devices and in all locations. 5G Ultra Wideband, 5G, 4G or 4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. If your Service Plan comes with a fixed amount of high speed data, your data speed will be reduced to 2G speeds, as low as 128 kbps, for the remainder of your Service Plan cycle after you have reached your high speed data limit. Your data speed will be restored once your next Service Plan cycle begins unless you purchase a new Plan prior to the start of your next Service Plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio or video or web browsing. Data transmitted over Wi-Fi does not count against your data usage.
Depending on the Carrier network, 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 buffering. 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.
If your Service Plan does not come with a fixed amount of data, you may purchase a data card (“Add-On Data Plan”) or you may upgrade to a Service Plan that includes data. If you purchased a Shared Service Plan, your data allotment may be used by a single device or shared by up to four devices until the maximum amount of data usage allowed by your Service Plan is reached. The amount of data you can access during your monthly cycle depends on the Service Plan or any applicable Add-On Data Plans you have purchased. Once you have reached the maximum amount of data usage allowed by your Service Plan, data services will no longer be available until your next plan cycle begins, unless you purchase a new Service Plan prior to the start of your next plan cycle or you purchase an Add-On Data Plan. Your data allowance will automatically reset once you start your new plan cycle. Once you start a new plan cycle or if you redeem a Service Plan prior to the end of your plan cycle, you will lose any unused data services and service days remaining on your current Service Plan (except for any data obtained by purchasing an Add-On Data Service Plan). You will not receive a refund or credit for any data or service days you lose once a new plan cycle begins.
Some apps, content, programs, and software that you download or that come pre-loaded on your phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, apps that provide real-time information and location-based applications connect to our network and send and receive updated information so that it is available to you when you want to access it. We will deduct all Data Usage from the amount of high speed data provided by the Plan you purchased whenever your phone is engaged in a data connection, including any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge, whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your phone will count against your data balance.
Not all of the online content which is accessible to one using Total by Verizon Data Services is intended for children. In the event that you, as a legal guardian allow your child to use Total by Verizon’s Data Services, you acknowledge that your child has the permission to use the Data Services including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites.
Prioritization, Availability, Interruptions, and Discontinuation to Data Services. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic 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 Total by Verizon customer will notice little, if any, effect 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 Total by Verizon 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.
Total by Verizon does not guarantee the availability of Data Services and reserves the right to modify, suspend, cancel, interrupt, discontinue, terminate or reduce your data throughput speed without notice. Total by Verizon is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure to receive content you purchased using Data Services. If your Data Services are modified, suspended, canceled, interrupted, discontinued or terminated, Total by Verizon will not provide you with a refund for any remaining used or unused Data Services.
7. Unauthorized Use of Service
Your Service (i.e., voice, text, or data services) may only be used for the following purposes, without excessively contributing to network congestion: (a)person to person voice calls, (b) text, and picture messaging, (c) web browsing, email, ordinary content downloads and uploads, video, game and audio streaming, and (d) Voice over Internet Protocol (VoIP).
Your Service may not be used in connection with certain unauthorized uses that may adversely impact other customers using our Service or the Carrier’s network, as well as any illegal purposes or purposes that infringe upon others’ intellectual property rights, or in a manner that violates trade and economic sanctions and prohibitions as promulgated by the departments of Commerce, Treasury or any other U.S. government agency. 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 to another mobile device or e-mail address including, without limitation, generating “spam” or unsolicited commercial or bulk texts or e–mails (or activities that facilitate the dissemination of such texts or e–mails);
(iii) uninterrupted and continuous web browsing, uploading, downloading, or streaming of audio or video;
(iv) server devices or 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 (“P2P”) file sharing;
(v) as a substitute or backup for private lines or dedicated data connections;
(vi) use of your smartphone or your mobile hotspot to resell internet connectivity, or to provide internet connectivity for the primary purpose of crypto-mining or adding, securing, or verifying transactions to a blockchain or any blockchain-based cryptocurrencies;
(vii) any use of smartphone data meant to be used exclusively on the smartphone device to provide connectivity, directly or indirectly, to other devices, including but not limited to, routers, jetpacks, modems, Smart TVs, computers, tablets or servers and/or serving as a replacement for your home internet services. Provided, however, that providing connectivity to other devices is permitted through mobile hotspot/tethering that is limited to the amount of data allocated with your Plan.
(viii) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail in (ix) below) or otherwise degrade network capacity or functionality;
(ix) “auto–responders,” “cancel–bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or e–mail use by others;
(x) any activity that adversely affects the ability of other users or systems to use either Total by Verizon’s services or the Internet–based resources of others, including the generation or dissemination of viruses, malware, or “denial of service” attacks;
(xi) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Total by Verizon’s or another entity’s network or systems;
(xii) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions.
We may investigate, and may ask you to provide an explanation, to determine whether such usage violates these Terms and Conditions.
A customer engaged in any unauthorized use may have their Service suspended and/or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. In our sole discretion, we will presume you are engaging in an unauthorized use in violation of these Terms and Conditions if, during a thirty (30) day period, you are calling for 43,200 minutes, or sending over 30,000 text messages (or 3,000 over a 24-hour period), placing calls of an unusually long duration, or if your data, talk, or text usage is otherwise harmful or disruptive to the Carrier’s network or to our customer service levels.
8. Coverage Maps
A coverage map may be available on our website. Coverage maps are for general informational purposes only and depict the general coverage area of Total by Verizon. Total by Verizon 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 for voice calls, 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 Service and data speeds or no Data Service or data connectivity and call interference. This could occur due to many factors, including your device, network changes, network traffic volume, 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 Total by Verizon 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 or change 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. Total by Verizon is not responsible for any Service outages, interruptions in Service or decline in the quality of Service regardless of the cause.
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, Total by Verizon 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, Total by Verizon 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 twelve (12) month period. International roaming is available on select plans.
10. Wi-Fi Calling
Wi-Fi Calling is available only on phones that are Wi-Fi Calling capable. 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 off 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 Wi-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 ate911-reg.tracfone.comor by contacting Customer Care at 1-866-663-3633. 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 differently 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 an IP Relay or IP CTS call over a cellular data or other IP network.
11. Emergency Calls
If you are in an area where your Total by Verizon 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 Total by Verizon Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
12. Disclaimer of Warranties
TOTAL BY VERIZON PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WIRELESS, INC. D/B/A TOTAL BY VERIZON WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION V (LIMITED WARRANTY), TOTAL BY VERIZON 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 use of any 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 Total by Verizon’s control. Not all Products or Services (including Plans) 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, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted, suspended, 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 radio telephone system. Total by Verizon does not warrant or guarantee the availability of the Service or of any other services at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither Total by Verizon, nor any Carrier, shall have any liability for Service failures, outages, interruptions, delays, or limitations of Service. All aspects of the Service, including Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. At any time, Total by Verizon reserves the right to substitute and/or replace any Product or Service with another Product or Service of comparable quality.
13. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER TRACFONE WIRELESS, INC. D/B/A TOTAL BY VERIZON NOR ITS EMPLOYEES, VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE TO YOU OR OTHER USERS OF YOUR SERVICE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR ENHANCED DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY DAMAGES CLAIMED FOR LOSS OF PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION) HOWEVER CAUSED, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (REGARDLESS OF WHETHER NOTICE THAT SUCH LOSS MAY OCCUR WAS PROVIDED). IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN, TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF TOTAL BY VERIZON UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), AND SUCH LANGUAGE SHALL BE EXCLUDED TO THE EXTENT OF SUCH INVALIDITY OR UNENFORCEABILITY; ALL OTHER TERMS IN THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree that neither we nor our employees, vendors, suppliers, or licensors are responsible for any damages you may suffer 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 a Service, including, but not limited to, deficiencies or problems with a phone or Service coverage (for example, dropped, blocked, interrupted Service, etc.); (d)accidents or any health-related claims arising from or related to our Products or Service; € content or information accessed on your phone while using our Products or 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; (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; (k) unauthorized access or changes to your account or device; or (l) the use of your account or device by others to authenticate, access or make changes to a third-party account, such as a financial or cryptocurrency account, including changing passwords or transferring or withdrawing funds . You should implement appropriate safeguards to secure your phone, computer or equipment and to back up your information stored on each.
14. Unauthorized Use of Products
Total by Verizon Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your Total by Verizon phone constitutes a violation of your Agreement with Total by Verizon and will invalidate the Limited Warranty associated with your phone. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Total by Verizon phone in a manner that conflicts with Total by Verizon’s Unlocking Policy referenced in Section VI, below. You also agree not to use unauthorized PINs associated with Total by Verizon Plans or engage in any other unauthorized or illegal use of your Total by Verizon Product or the Service, or assist others in such acts, or to sell and/or export Total by Verizon Products outside of the United States. Any attempt to unlock your Total by Verizon phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your Total by Verizon 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 Total by Verizon Product may result in the immediate suspension or termination of your Total by Verizon Service without notice and legal action. Total by Verizon 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 Total by Verizon phone shall entitle Total by Verizon to recover liquidated damages from you in the amount of not less than $5,000 per Total by Verizon phone purchased, sold, acquired or used in violation of this provision. For more information about the unauthorized use of Total by Verizon phones, refer towww.stopcellphonetrafficking.com.
If your Total by Verizon phone has a SIM card or if you have purchased a SIM Kit, 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. Total by Verizon and its Carriers or other service providers may, from time to time, remotely update or change the encoded information on your SIM card.
In the event of termination for any other unauthorized usage, you will forfeit unused Service and you will not be entitled to receive a refund for your Total by Verizon phone or for any unused Service.
You agree to indemnify and hold harmless TracFone Wireless, Inc., d/b/a Total by Verizon and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns (“Total by Verizon Indemnified Parties”) from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party (“Claims”), including the costs, expenses, and attorneys’ fees on account thereof (“Costs”) arising from or related to your use of a Total by Verizon Product or Service or your breach of this Agreement, whether based in contract or tort (including strict liability) and regardless of the form of action.
If, in connection with your Total by Verizon Products or Services, you provide us with a telephone number(s) for which you are not the subscriber, you understand that you will indemnify and hold harmless the Total by Verizon Indemnified Parties for any Costs incurred as a result of us attempting to contact you at the number(s).
17. Entire Agreement
This Agreement constitutes the entire Agreement between You and TracFone Wireless, Inc. with respect to any Total by Verizon 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 affect 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. Except as expressly provided in section I, 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.
IV. 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. Total by Verizon does not allow returns or provide refunds for any Activation Kits or Plans you may have purchased.
Store Purchases. If you purchased a Total by Verizon phone from a retailer or wireless dealer (and not from Total by Verizon 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. Total by Verizon will not process the return of any Total by Verizon phone sold to you by a retailer or wireless dealer.
Online Purchases from Total by Verizon. If you purchased your Total by Verizon phone from Total by Verizon’s official 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 Total by Verizon’s official website and the IMEI number 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.
- 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. Total by Verizon 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 difference 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.
V. LIMITED WARRANTY
All new Total by Verizon phones (except Apple iPhones) are covered by a one-year limited warranty administered by Total by Verizon as set forth below.
All reconditioned or refurbished phones sold by Total by Verizon (except Apple iPhones) have a ninety (90) day limited warranty, as do all wireless accessories sold by Total by Verizon.
New Apple iPhones are covered by a one-year limited warranty offered and administered by Apple. Please visitapple.comfor 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 thirty (30) days of purchase.
A phone that you own which was not purchased from Total by Verizon but that is registered with Total by Verizon under the Keep Your Own Phone program is not covered by this limited warranty.
How To Obtain Warranty Service. To obtain warranty service for your Total by Verizon phone, please contact Customer Care at 1-866-663-3633. 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 Product(s) 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 Total by Verizon, 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, Total by Verizon will replace or repair, at Total by Verizon’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. Total by Verizon may, in its sole discretion, replace the Product with a different 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.
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. Total by Verizon’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 Total by Verizon for repair, determined by the price paid by the Purchaser for the Product less a reasonable amount for usage. Total by Verizon 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 Total by Verizon, 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, “cancel-bots” or damage caused by the connection to other products not recommended for interconnection by Total by Verizon.
(c) Total by Verizon 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. Total by Verizon 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. Total by Verizon 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 Total by Verizon 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 Total by Verizon. 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.
VI. UNLOCKING POLICY
Unlocking a Total by Verizon device refers to disabling software that would otherwise prevent you from activating the device on another carrier’s network. However, due to different carrier technologies, an unlocked Total by Verizon device may not work, or may experience limited functionality, on another carrier’s network. Total by Verizon is not responsible for any limitations of service, or otherwise, resulting from the use of an unlocked device on another provider’s network.
For Customers with Apple devices:Total by Verizon will automatically unlock the device when it becomes eligible for unlocking. For all Apple devices activated with Total by Verizon prior to November 23, 2021, the device will be automatically unlocked after twelve (12) months of active Total by Verizon Service. For Apple devices activated with new Total by Verizon Service on the Total by Verizon network on or after November 23, 2021, the device will be automatically unlocked sixty (60) days after activation in the absence of an indication of fraud.
For Customers with non-Apple devices: Total by Verizon will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
(a) If the Total by Verizon device was activated with Total by Verizon Service prior to November 23, 2021, then the device must have been active on Total by Verizon Service for no fewer than twelve (12) months with Service Plans redeemed in no fewer than twelve (12) months. If the Total by Verizon device was activated with new service on the Total by Verizon network on or after November 23, 2021, then at least sixty (60) days must have elapsed since the device was activated.
(b) The device must be in working condition.
(c) The device has not been reported stolen or lost, and there are not indicators of fraud.
If you have not met the required minimum period of active Total by Verizon Service, Total by Verizon may unlock your device, but you will incur a charge of up to $300, depending on how long your service was active prior to the unlocking request.
Customers who would like to check if they are eligible or submit an unlocking request can do so online athttps://www.tfwunlockpolicy.com/wps/portal/home/or by calling 1-888-442-5102.
Total by Verizon may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud Total by Verizon or its customers. Total by Verizon’s Unlocking Policy is subject to change at any time without advance notice.
Unlocking Policy for Deployed Military Personnel
If you are a Total by Verizon customer in the military and receive relocation orders outside of the Total by Verizon Coverage Area, we will unlock your device at your request, even during the applicable lock period following the activation of your device.
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