coolTALK Terms and Conditions of Service

Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and coolTALK. (coolTALK represents a product offering (class of service) provided by Long Lines Wireless®, LLC). For purposes of this document, the conditions set forth by the coolTALK terms and conditions are enforceable by Long Lines®, LLC or Long Lines Wireless, LLC. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. coolTALK reserves the right to change or modify any of these Terms and Conditions of Service at any time and in its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted at www.LongLinesWireless.com/coolTALK.

By purchasing and/or activating a CoolTALK handset or using any CoolTALK service ("Service"), the customer ("You") acknowledges and agrees to the following terms and conditions:

1. REGISTERING, ACTIVATING AND USING YOUR coolTALK HANDSET.

Before you can use your coolTALK handset, you must purchase an initial recharge at a coolTALK distributor, Long Lines Wireless Authorized Retailer, Long Lines Wireless store or by calling our Customer Care Center at 1-866-901-5664 from a phone other than your coolTALK handset. You must accept the coolTALK phone number assigned to your coolTALK handset at the time of activation. If you do not recharge your coolTALK account by your Service End Date, your coolTALK phone number may be lost. Your coolTALK handset can only be activated where coolTALK service is available, offered and supported by coolTALK. The wireless telecommunications networks used to transmit calls for the Service are owned and operated by licensed commercial mobile radio service providers ("Carriers"), not coolTALK. Your coolTALK handset can only be used through coolTALK, and cannot be activated with any other wireless service. The terms of the coolTALK Service Plans are subject to change without notice. coolTALK services are provided at coolTALK’s discretion. Once you have been assigned your coolTALK phone number, you cannot change it or your service plan until your Service End Date (as described below) without losing any unused Service balance. If you change your assigned phone number or Service plan prior to your Service End Date, you will lose any unused Service balance. If you notify us that your handset is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred. Some functions and features referenced in the manufacturer’s manual (or on the manufacturer’s website) associated with your coolTALK handset may not be available on your coolTALK handset. Upon activation of your coolTALK handset, you should retain your activation card (SIM card) that includes the TELEPHONE NUMBER AND PIN CODE (LAST 4 DIGITS OF THE SIM CARD) for your handset and SIM number for the SIM card associated with your handset for future reference. You will need both your telephone number and PIN code (last 4 digits of the SIM card) in the event you need to reactivate your handset for any reason.

2. RECHARGING YOUR coolTALK SERVICE.

Your coolTALK handset will only operate when your Service is active and you have a positive Service balance in your account (Services include: minutes, texts, data (web, email or MMS) and Service days). Minutes, texts, data (web, email or MMS) and Service days do not have any cash value and do not accumulate. coolTALK services are non-refundable. No refunds or discounts will be given for (i) unused Service balances when you recharge your coolTALK handset and your Service balance is reset with your Service Plan recharge; (ii) unused Service balances that expire by your Service End Date; (iii) unused Service balances on your coolTALK handset if it is lost or stolen; (iv) unused Service balances on your coolTALK handset if you move out of the coolTALK regional coverage area; or (v) Services purchased that are not compatible with or supported by your coolTALK handset. Customers whose coolTALK handsets are not data-enabled or that cannot use data (web, email or MMS) will not receive a discount or refund for the unused service. coolTALK Service Plans are subject to change without prior notice.

You may recharge your coolTALK service as follows: (1) You may recharge your Service Plan online by visiting, www.LongLinesWireless.com; (2) By visiting a coolTALK distributor; (3) By visiting a Long Lines Wireless Authorized Retailer location; or (4) By visiting a Long Lines Wireless store; or (5) By calling our Customer Care Center at 1-866-901-5664.

3. SERVICE END DATE.

Your "Service End Date" is the last day of your Service period. When you add or recharge Services, your Service End Date will be reset to the number of Service Days purchased. Some coolTALK handset models may not display your "Service End Date." You can find your Service End Date by entering EXP (397) on your handset and a text message with your expiration date will be sent to you.

Recharging Your Account before Service End Date: If you want to recharge your Services balance prior to your Service End Date, you can do so by purchasing Services online at www.LongLinesWireless.com, by purchasing additional days at a coolTALK distributor, coolTALK Authorized Retailer location, Long Lines Wireless store or by calling 1-866-901-5664.

Recharging Your Account after Service End Date: If you do not buy and add Services prior to the Service End Date, your coolTALK Service will be deactivated on the Service End Date, you will lose all unused Services (including minutes, text, data (web, email or MMS) and Service days) and you may lose your telephone number. If your coolTALK handset is deactivated for failure to add Services before the Service End Date, you will need to provide your coolTALK TELEPHONE NUMBER AND PIN CODE (LAST 4 DIGITS OF THE SIM CARD) in order to reactivate your service. Please note that coolTALK does not provide refunds for unused minutes, texts or data (web, email or MMS).

4. coolTALK SERVICE PLANS.

coolTALK service includes at least two service options: a Nationwide calling plan which includes unlimited calling and text messages, and a Regional calling plan which includes unlimited regional calling, text messages, picture messages, web and email.

Unlimited Minutes, Texts and Data (web, email or MMS) Plans: Depending on your plan, you receive unlimited Regional calling, text messaging and Data (web, email or MMS) for the number of Service days stated in the plan. coolTALK currently offers up to 1500 Nationwide roaming minutes (per 30 day period). Please note that the Unlimited Regional Calling Area does not track "per minute" usage for calls or text messages. The Unlimited Regional Calling Area is subject to certain limitations. See Acceptable Use Policy.

Text Messaging: Please refer to the terms of the particular plan you have selected for further information. coolTALK service does not allow international text messaging. Attempting to send international messages could result in Service deactivation. In the event of a deactivation, your minute, text and Data (web, email or MMS) balance previous to deactivation will be cleared from the account.

"Short Codes": Please note that coolTALK does not participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated "short code" or buying or attempting to buy SMS services from anyone other than coolTALK. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service or interactive television programs. You should not attempt to participate in Premium SMS campaigns, unless it is a coolTALK authorized campaign. Any charges you may incur as a result of an attempt to participate in Premium SMS services or campaigns (not authorized by coolTALK) are not refundable.

5. coolTALK MOBILE WEB SERVICES.

With certain coolTALK handset models, you can access Mobile Web Services and download free ringtones and graphics. Other sites may require you to use a debit or credit card (or other form of payment) and from other third party websites (purchased ringtones and graphics are collectively referred to as "Web Content"). coolTALK and Long Lines Wireless are not responsible for these transactions.

Availability, Interruptions and Discontinuation of Mobile Web Service: coolTALK does not guarantee the availability of Mobile Web Service in your network coverage area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Mobile Web Service, or portions thereof, without notice. Mobile Web Service is not available outside of your coverage area. coolTALK is not responsible and will not be liable for any modifications, interruptions or discontinuation of Mobile Web Service or for your failure to receive any purchased Web content. If Mobile Web Service, or any part thereof, is modified, interrupted, discontinued or cancelled, coolTALK will NOT issue any refunds or reimburse you for any remaining used or unused services. If you cancel, or attempt to cancel a web download, subscription purchase or a multimedia message in progress, or if this process is otherwise interrupted through no action on your part, Data (web, email or MMS) usage may nevertheless be deducted. If the coolTALK Mobile Web Services are unavailable and you have opened your browser, you will be deducted usage even though you will not be able to view or utilize the Mobile Web Service.

coolTALK Mobile Web Service is provided on an "AS IS" and "AS AVAILABLE" basis. coolTALK does not warrant that the Mobile Web Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Mobile Web Service. You expressly agree and acknowledge that the use of the Mobile Web Service is at your sole risk and that you may be exposed to content from various sources.

Limitation of liability for coolTALK wireless service, GPS, mobile web services and store purchases: in no event shall coolTALK, its employees or licensors or affiliates, be liable for any loss of profits, revenue, sales or data; any costs of procurement of substitute goods or services; property damage, personal injury, interruption of business, or loss of business information; or for any other special, direct, indirect, incidental, economic, cover, punitive, special, or consequential damages, however caused and whether arising under contract, tort, negligence, or other theory of liability arising out of the use of or inability to use coolTALK wireless service, voicemail, any GPS maps, software, mobile web services or other web content, even if coolTALK or their respective licensors or affiliates are advised of the possibility of such damages. With respect to jurisdictions that may not allow the exclusion of liability, but may allow liability to be limited in some cases, coolTALK, its employees, licensors and affiliates’ liability shall be limited to U.S. $50.

Non-Rated Content: coolTALK strives to present and offer only generally acceptable content. However, it is impossible to proof all content, titles and news articles for appropriate content. coolTALK Mobile Web Services are NOT rated and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold coolTALK liable for any offensive or objectionable content.

coolTALK Mobile Web Service is for individual use only and may not be offered for resale. coolTALK reserves the right to take measures to protect the Carrier’s networks and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using the coolTALK Service and/or Mobile Web Services in a manner that adversely impacts the Carrier’s network. We may monitor the compliance of subscribers, with these Terms and Conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.

coolTALK service is not intended for use by children. In the event that you, as a legal guardian allow your child to use the Services, you acknowledge that your child has the permission to access the coolTALK Mobile Web Service, including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether use of the coolTALK Mobile Web Service is appropriate for your child. If you browse with the coolTALK Mobile Web Service, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites. Availability and reliability of coolTALK Mobile Web Services is subject to transmission limitations, and your actual device speed may vary from time to time. Not all websites will be available with the coolTALK Mobile Web Service. Access to certain websites may be blocked or unavailable due to carrier restrictions.

6. coolTALK NATIONWIDE TALK AND TEXT PLAN INTENDED USE.

coolTALK Nationwide Talk and Text Plans may ONLY be used with a coolTALK handset for the following purposes: (i) Person to Person Voice Calls and (ii) Text Messaging. The coolTALK Nationwide Plans MAY NOT be used for any other purpose. Examples of prohibited use include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text messaging to another mobile device or e-mail address; or (iii) as a substitute or backup for private lines. A person engaged in prohibited uses may have his/her service terminated without notice or a refund.

The coolTALK Nationwide Talk and Text Plan is for individual use only and not for resale. Specifically, coolTALK Nationwide services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. Unlimited voice services may not be used for any other purposes, 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. coolTALK reserves the right to cancel or deactivate service, without notice, in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or improper use of coolTALK service. coolTALK reserves the right to limit throughput or amount of data transferred, and to deny or terminate Service, without notice, to anyone coolTALK believes is using the coolTALK Nationwide Talk and Text Plan in any manner prohibited above or whose usage, in coolTALK’s sole opinion, adversely impacts the Carrier’s network or service levels. coolTALK will presume you are engaging in a prohibited use in violation of these Terms and Conditions if in coolTALK’s sole opinion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk and text usage is harmful or disruptive to the Carrier’s network or services. If we determine, at our sole discretion, that you are using an unlimited service in violation of the coolTALK Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, terminate your service or decline to renew your service. Notwithstanding the foregoing, coolTALK reserves the right to deny service or to deactivate or cancel existing service to anyone for any reason at any time, in coolTALK’s sole discretion.

coolTALK may discontinue providing Service to you, discontinue your account, or discontinue providing connections to particular telephone numbers or types of Services used or called by you, that, in the sole judgment of coolTALK: (1) appear likely to generate abnormally high call volumes and/or abnormally long average call lengths as compared to the usage of other coolTALK customers; (2) may be harmful, disruptive, or interfere with the Carrier’s network or the Carrier’s ability to provide service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to coolTALK’’s right to terminate your Service under these circumstances.

coolTALK may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.

7. coolTALK REGIONAL TALK, TEXT AND DATA (WEB, EMAIL OR MMS) PLANS INTENDED USE.

coolTALK Regional Talk, Text and Data (web, email or MMS) Plans may ONLY be used with a coolTALK handset for the following purposes: (i) Person to Person Voice Calls (ii) Text and Picture Messaging (iii) Internet browsing through the coolTALK Mobile Web Service and (iv) Authorized Content Downloads from the coolTALK Mobile Web Store. The coolTALK Regional Plans MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uploading, downloading or streaming of audio or video programming or games; (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; or (v) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. A person engaged in prohibited uses may have his/her service terminated without notice or a refund.

The coolTALK Regional Talk, Text and Data (web, email or MMS) Plan is for individual use only and not for resale. Specifically, coolTALK Regional services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. Unlimited voice services may not be used for any other purposes, 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. coolTALK reserves the right to cancel or deactivate service, without notice, in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or improper use of coolTALK service. coolTALK reserves the right to limit throughput or amount of data transferred, and to deny or terminate Service, without notice, to anyone coolTALK believes is using the coolTALK Regional Talk, Text and Data (web, email or MMS) Plan in any manner prohibited above or whose usage, in coolTALK’s sole opinion, adversely impacts the Carrier’s network or service levels. coolTALK will presume you are engaging in a prohibited use in violation of these Terms and Conditions if in coolTALK’s sole opinion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or Mobile Web usage is harmful or disruptive to the Carrier’s network or services. If we determine, at our sole discretion, that you are using an unlimited service in violation of the coolTALK Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, data connections, Data (web, email or MMS) or terminate your service, decline to renew your service, or offer you a different service plan with no unlimited usage component. Notwithstanding the foregoing, coolTALK reserves the right to deny service or to deactivate or cancel existing service to anyone for any reason at any time, in coolTALK’s sole discretion.

coolTALK may discontinue providing Service to you, discontinue your account, or discontinue providing connections to particular telephone numbers or types of Services used or called by you, that, in the sole judgment of coolTALK: (1) appear likely to generate abnormally high call volumes or Data (web, email or MMS) and data usage and/or abnormally long average call lengths or Data (web, email or MMS) and data usage as compared to the usage of other coolTALK customers; (2) may be harmful, disruptive, or interfere with the Carrier’s network or the Carrier’s ability to provide service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to coolTALK’s right to terminate your Service under these circumstances.

coolTALK may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.

8. coolTALK REGIONAL PLANS CANNOT BE USED FOR:

(1) access to the Internet, intranets, or other data networks except as the device’s native applications and capabilities permit, or (2) any applications that tether your device to a laptop or personal computer other than for the use of Wireless Sync. IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE AGREEMENT, YOU ACKNOWLEDGE THAT THE USE OF THE COOLTALK MOBILE WEB SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. COOLTALK MAKES NO WARRANTY THAT THE COOLTALK MOBILE WEB SERVICES WILL (i) MEET YOUR REQUIREMENTS, (ii) ALLOW ACCESS TO ALL THIRD PARTY SITES, OR (iii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION OBTAINED FROM ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT OR THE COOLTALK MOBILE WEB SERVICES TERMS OF USE. You are responsible for all activities undertaken by you using the coolTALK Mobile Web Services, including without limitation, the use of email. You shall not use, nor permit others to use, the coolTALK Mobile Web Services in a manner or for a purpose contrary to this Agreement.

9. SERVICE AREA MAPS AND COVERAGE MAPS.

You will find Service Area Maps and Coverage Maps at www.LongLinesWireless.com. These maps are for general informational purposes only. The coverage maps depict the general coverage area of coolTALK. 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 handset 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 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 handset or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of our roaming partners. If you travel outside of your coverage area, your handset will not work. The coverage depicted on the coolTALK coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to www.LongLinesWireless.com for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the coolTALK plan you select. coolTALK is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

10. ROAMING.

"Roaming" occurs when a subscriber of one wireless service provider uses the network facilities of another wireless service provider. Roaming usually occurs when a subscriber places or receives a call while outside of the network coverage area of their wireless service provider.

Service on the GSM Network. If your coolTALK Service is on the GSM network, your coolTALK handset may roam when you are outside of the coolTALK GSM network coverage area. When your coolTALK GSM handset is roaming, Voice and SMS messaging will continue to be available to you at no additional charge. Mobile Web Services access will not be available while you are roaming outside of the coolTALK GSM Network coverage area. When your GSM coolTALK handset is roaming, an indicator light on your handset may display the word "Roam" or "RM" (or show other roaming indicator (i.e. a symbol or another carrier’s name) on the screen while the handset is not in use.

International Roaming is strictly prohibited. coolTALK does not offer international roaming or international long distance service. You will not be able to make or receive calls on your coolTALK handset if you are traveling outside of the United States. Any attempt to place or receive a call on your coolTALK handset while traveling outside of the United States could result in service deactivation and account termination without a refund for unused service.

11. EMERGENCY CALLS.

If you are in an area where your coolTALK handset 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 coolTALK handset in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

12. LIMITATIONS OF SERVICE & USE OF EQUIPMENT.

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 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. Mobile Web Services are available only while the subscriber is in GSM network coverage area (if on the GSM network). coolTALK reserves the right to substitute and/or replace any coolTALK equipment (including handsets) with other coolTALK equipment including handsets of comparable quality. coolTALK does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither coolTALK, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your coolTALK handset outside during a lightning storm. You should also unplug the coolTALK handset power cord and charger to avoid electrical shock and/or fire during a lightning storm.

13. LIMITATION OF LIABILITY.

Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of coolTALK’s control. Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. coolTALK does not guarantee you uninterrupted service or coverage. We cannot assure you that if you place a 911 call you will be found. coolTALK will not be liable to you for any actual, direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services or by reason of any interruption in service. coolTALK will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties. In the event a coolTALK handset is returned to coolTALK for replacement or repair under warranty or returned for any other reason, coolTALK is not liable nor responsible for any unauthorized use and/or loss of voicemail, personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content on the coolTALK handset.

14. INDEMNIFICATION.

You agree to indemnify and hold harmless coolTALK and Long Lines Wireless, LLC and/or Long Lines, LLC from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof resulting from your use of a coolTALK handset and/or coolTALK Services, whether based in contract or tort (including strict liability) and regardless of the form of action.

15. UNAUTHORIZED USAGE OR RESALE.

The coolTALK handset is sold exclusively for use by you, the end consumer, with the coolTALK service available solely within the United States. Any other use of your coolTALK handset including, without limitation, activation and/or use on a network other than coolTALK, any resale, unlocking and/or reflashing of the handset is unauthorized and constitutes a violation of your agreement with coolTALK. You agree not to unlock, reflash, tamper with or alter your coolTALK handset or its software, enter unauthorized PINs, engage in any other unauthorized or illegal use of your coolTALK handset or the Service, or assist others in such acts, or to sell and/or export coolTALK handsets outside of the United States. Improper, illegal or unauthorized use of your coolTALK handset may result in immediate discontinuance of Service and legal action. These acts violate coolTALK’s rights and state and federal laws. coolTALK will prosecute violators to the full extent of the law. coolTALK reserves the right to cancel any Service without notice.

Your coolTALK service is restricted such that you will not be able to make or receive calls on your coolTALK device when you are located anywhere outside of the United States, including, without limitation, while you are offshore or in international waters. Any such calls are considered unauthorized usage by coolTALK for which your Service will be immediately suspended and your account deactivated without refund.

coolTALK handsets have SIM cards. Because your coolTALK handset has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, and not to allow any other person 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. You may not remove your SIM card or use the SIM card on any other wireless handset. 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. Long Lines Wireless or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card.

In the event of suspension for any other unauthorized usage, you will forfeit unused airtime and service and you will not be entitled to receive a refund for your handset or for any unused airtime and service.

16. BINDING ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION), EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR COOLTALK HANDSET, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF COOLTALK’S AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims arising out of your relationship with coolTALK, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall preclude coolTALK from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your coolTALK handset, its software, the Service and/or PIN numbers in state or federal court. References to you and coolTALK include, where applicable, our respective subsidiaries, affiliates, predecessors in interest, successors and assigns. All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to coolTALK by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless Industry Arbitration Rules ("WIA Rules"), as modified by this agreement. You and coolTALK agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and coolTALK agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and coolTALK in accordance with the WIA Rules, except that coolTALK will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless coolTALK and you agree otherwise, the location of any arbitration shall be Sioux City, Iowa. Except where prohibited by law, coolTALK and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor coolTALK shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction.

17. CHOICE OF LAW.

These Terms and Conditions shall be construed under the laws of Iowa, without regard to its choice of law rules, except for the arbitration provision contained in these Terms and Conditions, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.

18. PRIVACY POLICY.

View the coolTALK Privacy Policy.

19. LIMITED WARRANTY.

A new coolTALK handset is covered by a 90 day limited warranty, set forth below, administered by coolTALK. A reconditioned coolTALK handset has a 30 day limited warranty provided by coolTALK and all coolTALK accessories have a 30 day limited warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from a Long Lines Wireless store or by calling our Customer Care department at 1-866-901-5664.

How to obtain Warranty Service. To obtain warranty service from coolTALK on a new or reconditioned handset or coolTALK accessories, please contact Customer Care at 1-866-901-5664. If your problem cannot be resolved over the phone, our coolTALK service consultants will provide you with a replacement or loaner handset, which you will use while you send your handset and/or accessories to the designated coolTALK Service Center for repair or replacement, at coolTALK’s discretion.

Terms of Limited Warranty. coolTALK warrants to you, the Customer, that your coolTALK handset ("Product") is free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions: (1) The limited warranty for the Product extends for ninety (90) days beginning on the date of the purchase of the Product. (2) The limited warranty extends only to the original purchaser ("Consumer") of the Product and is not assignable or transferable to any subsequent purchaser/end-user. (3) The limited warranty extends only to Consumers who purchase the Product in its original packaging from an Authorized Retailer or Long Lines Wireless store. (4) During the limited warranty period, coolTALK will replace or repair, at coolTALK’s sole option, any defective Products or parts (except as excluded below), or any Products or parts that will not properly operate for their intended use (except as excluded below) with new or refurbished replacement Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. coolTALK may, at its sole discretion, replace the Product with a refurbished handset of the same model if available, or if not available, with a comparable model of handset. 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. coolTALK’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Consumer returns the Product to coolTALK for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. coolTALK shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty. (5) Upon request from coolTALK, the Consumer must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt. (6) The Consumer 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 coolTALK, 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 coolTALK. c) coolTALK was not advised in writing by the Consumer 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 ninety (90) day Limited Warranty period. (7) coolTALK does not warrant uninterrupted or error-free operation of the Product or service. coolTALK cannot and does not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. (8) You (the Consumer) understand that the product may consist of refurbished equipment that contains used components, some of which have been reprocessed. The used components comply with Product performance and reliability specifications. (9) coolTALK expressly disclaims any implied warranty of merchantability, or fitness, for a particular purpose or use. The foregoing limited warranty is the consumer’s sole and exclusive remedy and is in lieu of all other warranties, express or implied. coolTALK shall not be liable for special, incidental, punitive or consequential damages, including but not limited to loss of anticipated benefits or profits, loss of savings or revenue, loss of data, punitive damages, loss of use of the product or any associated equipment, cost of capital, cost of any substitute equipment or facilities, downtime, the claims of any third parties, including customers, and injury to property, resulting from the purchase or use of the product or arising from breach of the warranty, breach of contract, negligence, strict tort, or any other legal or equitable theory, even if coolTALK knew of the likelihood of such damages. coolTALK shall not be liable for delay in rendering service under the Limited Warranty, loss of use during the period that the product is returned for replacement, or warranty service or for the loss or unauthorized use of customer passwords, personal information, contacts, pictures, videos, applications, music, ringtones or other content. (10) Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights, which vary from state to state. (11) coolTALK 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. (12) This is the entire warranty between coolTALK and the Consumer, and supersedes all prior and contemporaneous agreements or understanding, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms. (13) This limited warranty allocates the risk of failure of the Product between the Consumer and coolTALK. The allocation is recognized by the Consumer and is reflected in the purchase price.

Certain mobile handset features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of handsets may vary. All talk and standby times are quoted in Digital Mode and are approximate.

Updated 1/27/11