GoSmart Mobile | Terms of Use

Web Content Viewer (JSR 286)

GOSMART MOBILE TERMS OF USE

1. INTRODUCTION
Welcome to the GoSmart Mobile website operated by TracFone Wireless, Inc. (collectively, "GoSmart"). The GoSmart Mobile wesbite offers a wide variety of resources, products and services, which include product information, shopping services, communication tools, download areas, links to GoSmart Mobile social media sites, and advertising and marketing content, some or all of which may be accessed through a variety of means (all of which are collectively called the "Site"). The term "you" or "your" includes you the customer and any of your representatives and agents.

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using our Site in any way you are agreeing to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms"). The products and wireless service you may purchase through our Site are governed by the GoSmart Mobile Terms and Conditions, the Privacy Policy, and and any other terms and conditions that may apply to your product, plan, and wireless service. The Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with TracFone, including any other website operated by a separate TracFone brand. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern.

2. AUTHORITY
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.

3. CHANGES TO THE TERMS OR SITE
TracFone may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. TracFone reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that TracFone shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).

4. REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, TracFone may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).

If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your account. You agree to immediately notify TracFone of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which TracFone may otherwise have, TracFone reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, TracFone may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall TracFone be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of TracFone under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that TracFone makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.

5. PRIVACY POLICY
Please view our Privacy Policy, which explains TracFone´s practices relating to the collection and use of your information through or in connection with our Site. TracFone´s use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Site you consent to the collection and use of this information (as set forth in the Privacy Policy).

6. COPYRIGHT AND AUTHORIZATION
The Sites provide you access to a wide variety of information, shopping, communications, entertainment, games, advertising and other services, products, data and materials ("Content"). Some of the Content may be owned by TracFone or its affiliates and subsidiaries. Other portions may be owned by TracFone’s suppliers, vendors, and licensors (including Content that is generated by users as further described in Section 11).

Some portions of the site may require you to download software ("Software") in order that you may access the Site, the services provided through the Site and/or the Content. The Software may be the property of TracFone or a supplier, vendor, or licensor to TracFone. The Content and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms, you are granted a limited, revocable, non-sublicensable right to access the Sites, the Content and the Software for your personal non-commercial use only, except as otherwise permitted. Without limiting the generality of the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

7. COPYRIGHT COMPLAINTS
TracFone respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing TracFone´s Copyright Agent the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A specific description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement on the Sites can be sent to the following address:

TracFone Wireless, Inc. – Legal Department
9700 NW 112th Avenue
Miami, Florida 33178
Attn: Intellectual Property Counsel

8. TRADEMARKS AND SERVICE MARKS
Trademarks that are used or displayed on the Sites are owned by TracFone or by third parties other than TracFone that offer and provide products and services on or through the Sites. The trademarks of TracFone may not be copied or used, in whole, partial or modified form, without the prior written permission of TracFone or, if applicable, its licensor. In addition, TracFone custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of TracFone. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TracFone. You may not use any meta tags or any other "hidden text" utilizing an TracFone name, trademark, or product name without TracFone’s express written consent.

9. THIRD-PARTY PRODUCTS AND SERVICES
Parties other than TracFone may offer and provide products and services on or through the Sites. Except for TracFone branded information, products or services that are identified as being supplied by TracFone, TracFone does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. TracFone is not responsible for examining or evaluating, and TracFone does not warrant the offerings of, any of these businesses or individuals or the content of their websites. TracFone does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

The Sites may contain links to other websites not operated by TracFone. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by TracFone of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Sites is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.

10. PRODUCT AND SERVICE INFORMATION
TracFone does not warrant that information, graphic depictions, product and service descriptions or other content of the Sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event TracFone determines that a product or service contains an inaccurate price or description, TracFone reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. TracFone may make improvements or changes to any of its content, information products, services, or programs described on the Sites at any time without notice. You agree to notify TracFone immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by TracFone.

11. ONLINE ORDERS
In order to protect TracFone and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of equipment (e.g. wireless phones) and/or services that may be ordered online by a single individual or entity. TracFone reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.

12. USER SUBMITTED CONTENT
Our Site may have "publicly accessible areas" such as message boards, forums, member profiles, or other features that allow users to post Content that will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of our Site, while you retain any and all of your lawfully owned rights in such Content and you agree to grant TracFone a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Site to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such Content that you have placed in publicly accessible areas of our Site. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content. TracFone is under no obligation to post or use any Content you may provide and TracFone may remove your Content at any time in its sole discretion. You agree that TracFone is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 14 (Acceptable Use), and will not cause injury to any person or entity, and that you will indemnify TracFone for all claims resulting from the Content you supply.

TracFone does not generally pre-screen or control Content posted by users of our Site, and, therefore, does not guarantee the accuracy, integrity or quality of such Content. TracFone shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via our Site for any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Sites, we are only a forum and are not liable for any statements, representations, or Content provided by Site users. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of TracFone. We do not endorse any Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Site is used to disseminate statements that are offensive, discriminatory, harmful, inflammatory, incite violence or any type of illegal activity.

13. SUBMISSIONS TO TRACFONE
You agree not to propose, post or submit to TracFone ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material") through the Site. In the event you do so, you hereby grant to TracFone a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to TracFone the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that TracFone is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against TracFone for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to TracFone, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.

14. ACCEPTABLE USE
You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:

is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
removes any proprietary notices or labels on the Content;
advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
interferes with others using the Sites;
is off-topic according to the description of the group, forum or webpage;
contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, contents, products and/or services.
uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
creates a false identity for the purpose of misleading others;
prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
uses any TracFone domain name as a pseudonymous return email address;
contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Sites;
reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;
publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
makes derivative uses of the Sites or the Content;
uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page); and/or
modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site's underlying technology.

Unless you are participating in an area of the Site that requires or encourages anonymity, we encourage you to use your real name.

15. SITE SECURITY
Violating the security of our Site is prohibited and may result in criminal and civil liability. TracFone may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

16. GEOGRAPHICAL RESTRICTIONS
Unless expressly and specifically stated otherwise on the Site, TracFone provides this Site for use only by persons located within the United States. TracFone provides wireless service in the United States only. TracFone makes no representation that all products, services and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with TracFone provide services and operate websites in various other countries throughout the world, some of which websites may be linked to from our Site. Any such International websites will be governed by their own terms of use and privacy policies and not by these Terms.

17. GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that TracFone may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on TracFone´s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow TracFone to store electronic communications on its servers. You agree that TracFone has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that TracFone reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that TracFone reserves the right to modify these general practices and limits from time to time.

18. DISCLAIMER OF WARRANTIES
YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR SOFTWARE, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT OR SOFTWARE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRACFONE AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

TRACFONE AND ITS VENDORS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRACFONE OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

19. ENFORCEMENT
TracFone reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, terminating your access to the Sites and/or certain services available through the Site, by removing, screening, or editing Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.

TracFone may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on TracFone’s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate or render services, to protect our rights or property, the rights and property of our network carriers, or to protect other users of TracFone’s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS BY YOU OR ANY THIRD-PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.

20. LIMITATION OF LIABILITY
IN NO EVENT SHALL TRACFONE, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, VENDORS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF TRACFONE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TRACFONE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

21. INDEMNIFICATION
You agree to indemnify, defend and hold harmless TracFone and its underlying content and service providers, vendors, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with TracFone or your use of our Site. TracFone reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with TracFone in asserting any available defenses.

22. TERMINATION/SUSPENSION
You agree that TracFone may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms, the GoSmart Terms and Conditions, or other additional terms and conditions that may apply, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if TracFone elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Sites, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Sites. You agree that all terminations and suspensions for cause shall be made in TracFone’s sole discretion and that TracFone shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Sites. Further, TracFone reserves the right, to immediately terminate or suspend your account, any associated email address, and access to the Sites at any time for any reason and without notice to you in its sole discretion.

23. MISCELLANEOUS
TracFone’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed in Florida. You agree that any legal action or proceeding between TracFone and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Miami-Dade County, Florida. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. TracFone may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of TracFone. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises.