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FIGGERS WIRELESS TERMS AND CONDITIONS OF SERVICE

Welcome to Figgers Wireless. We are pleased that you have selected us as your
wireless service provider. Please read these Terms and Conditions of Service
carefully. These Terms and Conditions of Service are a legally binding agreement
(“Agreement”) between you and Figgers Wireless.

THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS
TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THESE TERMS AND
CONDITIONS LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF
A DISPUTE.

PARTIES TO THE AGREEMENT

This is an Agreement between you and Figgers Wireless, and our assignees and
agents.

ACCEPTANCE OF TERMS AND CONDITIONS

You accept these Terms and Conditions by doing any of the following things:

 * giving us a written or electronic signature or confirmation, or telling us
   orally that you accept;
 * activating, using or paying for a service or a device; or
 * opening the device box.

If you don’t want to accept these Terms and Conditions, don’t do any of these
things. When you accept, you’re telling us that you are of legal age and that
you are able to enter into a contract. If you accept for an organization, you’re
telling us that you are authorized to bind that organization, and references to
“you” in these Terms and Conditions may mean the organization.


WHAT IS INCLUDED IN THE AGREEMENT

 1. Figgers Wireless Service
 2. Figgers Wireless Mobile Hotspots and Bring Your Own Tablet
 3. Figgers Wireless Return Policy
 4. Figgers Wireless Unlocking Policy
 5. Charges
 6. Taxes
 7. Surcharges
 8. Late Payment
 9. Miscellaneous


I. FIGGERS WIRELESS SERVICE

By purchasing, activating, and/or using any Figgers Wireless product (“Product”)
or the wireless services provided by Figgers Wireless (“Service”), you
acknowledge and agree to these Terms and Conditions of Service. Figgers Wireless
reserves the right to change or modify any of these Terms at any time. Any
changes or modifications to these Terms and Conditions of Service are effective
and will be binding upon you when posted on our website at figgers.com. Because
these Terms and Conditions of Service are subject to change at any time, you
should always check our website for the most current Terms and Conditions of
Service.

For assistance, please contact Figgers Wireless Customer Solution at
1-800-223-5435.

1. ACTIVATING YOUR SERVICE

To use Figgers Wireless Service, you must first purchase a Figgers Wireless
phone or a Figgers Wireless

Activation Kit (“Activation Kit”) that can be used to activate any phone that is
compatible with Figgers Wireless Service under the Bring Your Own Device
program. To activate your phone, you must also purchase a Figgers Wireless plan
(“Plan”). For more information about our Plans visit our website.

You may activate your Service by visiting our website at figgers.com or by
calling our Customer Solution from a phone other than the one you intend to
activate. If you have purchased an Activation Kit to activate your own phone,
follow the instructions that came with the Activation 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 former 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 a customer 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.

Figgers Wireless Service can only be activated where Figgers Wireless Service is
offered and supported by Figgers Wireless. The wireless telecommunications
networks used to transmit the voice, text, and data services that support the
Service offered by Figgers Wireless are owned and operated by licensed
commercial mobile radio service provider, Figgers Communication Inc. 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 Figgers Wireless
customer will notice little, if any, effect from having lower priority. This
will be the case in the majority of times and locations. At times and at
locations where the network is heavily loaded in relation to available capacity,
however, a Figgers Wireless customer will experience increased latency during a
data session, particularly, if the customer is engaged in a data-intensive
activity. When network loading goes down or if a customer moves to a location
that is less heavily loaded in relation to available capacity, the latency
associated with a customer’s data connection will improve.

If you are activating your own compatible phone under the Bring Your Own Device
Program, you are responsible for ensuring that the phone is unlocked, compatible
with the Service, does not interfere with the Service, and that it complies with
all applicable laws, rules and regulations. You are also responsible for
ensuring that your phone meets all federal laws and standards. You are further
responsible for the purchase and maintenance of any additional hardware and/or
software required to use the Service. Not all aspects of the Service are
available on all Carrier networks or will function on all phones, including,
phones activated under the Bring Your Own Device program. Some functions and
features referenced in the manufacturer’s manual provided with your phone may
not be available when using the Service. Some Plans may not work on Smartphones
or on phones activated under the Bring Your Own Device program. Except for
Figgers Wireless Mobile Hotspots and tablets activated under the Bring Your Own
Tablet program (please see Section II), devices capable only of using data
service are strictly prohibited and your use of any such device is grounds for
immediate deactivation and termination of your Service without a refund.

We may, at any time and without prior notice to you, modify, cancel, and/or
deactivate your Service and/or take other corrective action, for any reason in
our sole discretion, including, your violation of these Terms and Conditions of
Service. Further, we may remotely change your phone’s software, applications, or
programming without notice. This could affect information stored on your phone,
your phone’s programming, and how you are able to use your phone. All aspects of
the Service, including, Plan rates, 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.

2. TERMINATION OF SERVICE

Either party may terminate this Agreement at any time. Termination of this
Agreement will result in the immediate termination of your Service which may be
reactivated if you elect to do so. Each time you activate your Service you agree
that you are consenting to the latest Figgers Wireless Terms and Conditions of
Service. 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 Figgers Communication Inc.
   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.

Any term or provision of this Agreement which by its context is intended to
apply after termination of the Agreement will survive, including, any limitation
of liability, disclaimer of warranties, dispute resolution procedures,
restrictions with respect to the use of a Product or Service and our Limited
Warranty, Return Policy, and Privacy Policy.

3. FIGGERS WIRELESS PLANS

Your phone will only have Service after you have purchased and redeemed a Plan
and so long as you have Service days left on your Plan cycle. All Plans come
with a certain number of days of Service (“Service Days”) per Plan cycle. You
will have Service under your Plan so long as you do not reach your maximum
allotment of minutes or data (to the extent they are capped) and so long as you
have Service Days left on your Plan cycle. The Services that come with our Plans
(e.g., talk, text and data) vary and change from time to time. Please also note
that some Plans may only work with basic phones and are not intended for
smartphones and a phone you activated with Figgers Wireless under the Bring Your
Own Phone program. For the latest information about our Plans, including, any
limitation that may apply please visit our website at figgers.com or call
Customer Solution.

All Plans include unlimited nationwide calling, text messaging and a fixed
amount of high-speed data at 4G speeds for each Plan cycle depending on which
Plan you select. 4G/4G LTE networks are not available on all devices and in all
locations. 4G/4G LTE networks require a capable device and SIM card. Actual
availability, coverage, and speeds may vary. If your Plan comes with a fixed
amount of high-speed data, your data speed will be reduced to as low as 64 kbps
for the remainder of your Plan cycle after you have reached your high-speed data
limit. Your data speed will be restored once your next Plan cycle begins unless
you purchase a new Plan prior to the start of your next 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.

4. USING YOUR SERVICE

Service Days. As mentioned above, all Plans come with varying amounts of Service
Days. Once you start a new Plan cycle, you will lose any unused minutes, data,
and Service Days remaining under your current Plan. You will not receive a
refund or credit for any unused minutes, data or Service Days once you begin a
new Plan cycle.

Service End Date. To keep your Service active, you must purchase and redeem a
Plan prior to your Service End Date. Your Service End Date is the last day of
your Plan cycle and is determined by the date on which you activated your
Service by redeeming a Plan. If you fail to redeem a new Plan prior to your
Service End Date, your Account will be deactivated on your Service End Date and,
if applicable, you may lose your phone number. To prevent this from occurring,
please keep your Service active by purchasing a Plan before your Service End
Date. Notwithstanding your Service End Date, Figgers Wireless reserves the right
to discontinue your Service and deactivate any Account for which there is no
usage for a period of six (6) consecutive months for smartphones and twelve (12)
consecutive months for basic phones. If your Account is deactivated, it may be
reactivated by purchasing and redeeming a new Plan. Once reactivated, you will
be assigned a new phone number. Service under a Plan which remains unused at the
time of deactivation will still be available if Service is reactivated within
sixty (60) days from the deactivation date for basic phones and within thirty
(30) days for smartphones, otherwise any unused Service under a Plan you
purchased will be lost.

Figgers Wireless Auto-Pay. You may enroll in Auto-Pay by registering your credit
or debit card at figgers.com and selecting the Plan you wish to purchase on a
recurring basis. When you enroll in Auto-Pay, a new Plan will be automatically
purchased and redeemed to your Account at the end of your Plan Cycle and your
credit or debit card will be automatically charged for the cost of the Plan you
elected to purchase on a recurring basis.

Billing. You will not have access to detailed usage records for most Services,
and we will not provide you with monthly bills. You may access your account on
our website, on your Device, or by visiting a store. We will attempt to send you
monthly SMS reminders of your account status, but we cannot guarantee that you
will receive them or that you will receive them before your account is suspended
or cancelled.

5. TEXT MESSAGING

Figgers Wireless 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 Figgers Wireless. Premium SMS campaigns include activities
such as casting a vote, expressing your opinion, playing a game, subscribing to
a service, or interactive television programs through the use of a wireless
phone.

You should not attempt to participate in Premium SMS campaigns, unless it is a
Figgers Wireless authorized campaign. Any charges you may incur as a result of
an attempt to participate in Premium SMS services or campaigns (not authorized
by Figgers Wireless) are not refundable. Some Figgers Wireless Phone Models do
not support text messaging to e-mail addresses.

6. DATA SERVICES

All Figgers Wireless Plans 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 an
internet browser or accessing a website, (ii) sending, receiving, or downloading
emails, documents, pictures, multi-media messages and other content, (iii)
downloading, updating, or using an app; or (iv) if internet access is initiated
in any other way or for any other purpose.

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. 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.

For content downloads from the internet or an app store, you may incur a charge
for the content you download (a “Content Charge”) from the provider of the
content you have purchased. Unless Figgers Wireless is the provider of such
content, you agree that Figgers Wireless is not responsible for the purchase,
download, transfer, installation, use, transmission failure, interruption, or
delay, or any web content, app store, or an app you accessed or purchased. Any
support questions related to third-party downloads, including, but not limited
to web content and apps should be directed to the third-party provider and not
Figgers Wireless. When you use, download, or install web content and/or apps
provided or sold by a third-party, you may be subject to separate terms and
conditions, terms of use, privacy policies and other policies of the
third-party. You agree that Figgers Wireless is not responsible nor liable to
you for any third-party content, advertisements, websites, app stores, or apps
you may download or access using your phone.

If you visit or use any third-party website, app store, or app, the third party
may access, collect, use or disclose your personal information or require that
the network carrier disclose your personal information, including, your location
information (if applicable). If you access or use any third-party apps while
using Data Services, you agree and authorize Figgers Wireless to provide
information related to such use. You understand that your use of a third-party
app is subject to the third party’s terms and conditions and policies, including
its privacy policy. You should refer to the third-party’s privacy policy for
information regarding the use of information collected when you download,
install, or use web content or applications from that third party.

Not all of the online content which is accessible to one using Data Services is
intended for children. In the event that you, as a legal guardian allow your
child to use 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.

Availability, Interruptions, and Discontinuation to Data Services. Figgers
Wireless does not guarantee the availability of Data Services and reserves the
right to modify, suspend, cancel, interrupt, discontinue, terminate, or reduce
your data speed without notice. Figgers Wireless 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, Figgers Wireless 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: (a) person to person voice calls, (b) text and picture
messaging, and (c) web browsing, email, ordinary content downloads and uploads,
and video and audio streaming without excessively contributing to network
congestion.

Your Service may not be used in connection with certain unauthorized uses that
may adversely impact other customers using our Service or network. 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;
 * (iii) uninterrupted and continuous 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) access to the internet, intranets, or other data networks except as the
   device’s native applications and capabilities permit (excluding all hotspot
   applications),
 * (vii) any applications that allow your phone to act as an internet access
   point or Wi-Fi for other devices and computers.

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. We further reserve the right to limit, deny, or
terminate Service to anyone we believe is using their Service in an unauthorized
manner or whose usage, in our sole discretion, adversely impacts our network or
customer service levels. We will presume you are engaging in an unauthorized use
in violation of these Terms and Conditions, if in our sole discretion, you are
placing an abnormally high number of calls, or repeatedly placing calls of
unusually long duration, if your voice minute total exceeds 43,200 minutes
during a 30-day period, or if your talk, text or data usage is harmful or
disruptive to our network or to our customer service levels. If we determine, in
our sole discretion, that you are using your Service in violation of these Terms
and Conditions or in any other manner that we deem to be unreasonable or
excessive, we may interrupt, suspend, cancel, or terminate your Service.

8. COVERAGE MAPS

You will find Coverage Maps on our website. These maps are for general
informational purposes only. The coverage maps depict the general coverage area
of Figgers Wireless. 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 Mobile Web Service and data speeds or no Mobile Web
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 Figgers Wireless
coverage maps is based on the information provided by other carriers and public
sources and we cannot guarantee their accuracy. Coverage maps for your network
may also vary based on your home location so please refer to our website for the
most up-to-date coverage map applicable to your device and geographic area. Your
coverage will also vary based upon the Figgers Wireless plan you select. Figgers
Wireless is not responsible for any Service outages, interruptions in service or
decline in the quality of service regardless of the cause.

9. ROAMING

Depending on the Carrier’s network, it is possible that under certain
circumstances your phone may roam if you are outside of your network coverage
area and within the United States. Roaming occurs when a subscriber of one
wireless service provider uses the facilities of another wireless service
provider. Although there are no additional charges for using the Service while
roaming domestically, Figgers Wireless 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,
Figgers Wireless reserves the right to terminate the Service of any customer
whose roaming usage exceeds 50% of their total usage in any three (3) Plan
cycles within a 12-month period. International roaming is not offered by Figgers
Wireless and is strictly prohibited.

10. WI-FI CALLING

Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and
that have a Wi-Fi Calling enabled SIM card (depending on the Carrier). Wi-Fi
Calling provides you the ability to make and receive phone calls and text
messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in
buildings and other locations. If you use a Wi-Fi network for making or
receiving calls and text messages or for any other reason, you acknowledge and
agree that your use of such Wi-Fi network is permissible and that you are solely
responsible for such use. Using your Wi-Fi Calling feature may provide you with
access to an unsecured Wi-Fi network which could impact your data security. You
can disable Wi-Fi Calling by toggling it off in your device settings menu.

11. EMERGENCY CALLS

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

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.


II. FIGGERS WIRELESS MOBILE HOTSPOT AND FIGGERS WIRELESS BRING YOUR OWN TABLET
2. DATA SERVICE PLANS

For the most recent information on Figgers Wireless Data Service Plans please
visit our website. Plans are subject to change. Data Service Plans are for use
with Hotspots and BYOT devices only. All other Service Plans associated with
other Figgers Wireless products will not work with your Figgers Wireless Hotspot
or BYOT device. Plans include data and service days only. Voice, text and
messaging services are not provided or included.

Plan rates, features, functionality and other product specifications are subject
to change without notice or obligation. All data amounts as quoted are
approximate. Plans are available at Walmart stores and online. You may be
charged applicable taxes and fees at the time of purchase in certain areas. Each
Plan comes with a specified amount of data and Service days as disclosed at the
time of purchase. Service begins on the day you add the Services to your Hotspot
or BYOT device or, if the Plan is placed in your Reserve, then on your Service
End Date. Plans do not expire except as specifically permitted by law. See below
for more information regarding Reserve.



Figgers Wireless Reserve: With Figgers Wireless Reserve, you may purchase and
add Figgers Wireless Data Service Plans to your Figgers Wireless Reserve to be
automatically applied on your Service End Date. You may access the Service Plans
in your Figgers Wireless Reserve at any time through “My Account.” All Service
Plans you redeem are automatically applied at your Service End Date. If you are
an Auto-Refill customer and have decided to add a Service Plan to your Figgers
Wireless Reserve, the Plan in Reserve will take precedence over the Auto Refill
and it will be applied before an Auto Refill purchase is processed.

3. HOTSPOT RESTRICTIONS AND LIMITATIONS

While up to ten (10) devices may be connected to your Hotspot at one time, a
single connected device will experience optimal speeds. Performance will be
reduced if multiple devices access data through the Hotspot simultaneously.
Actual data speed, availability and coverage will vary based on device
capabilities, usage, your location and network availability. Service is not
available while roaming.

Your Figgers Wireless Hotspot and BYOT device or service has security
limitations. Figgers Wireless is not responsible for any breach or loss of
security from your Figgers Wireless Hotspot or connected device. Your BYOT
device may not be password protected as a default. You are responsible for
adding password protection, if available on your device. Some functions and
features referenced in the User Guide provided with your Figgers Wireless
Hotspot or device connected to your Figgers Wireless Hotspot or your BYOT device
may not be available.

4. DATA USAGE

Data usage is measured in bytes, kilobytes (KB), megabytes (MB) and gigabytes
(GB). Bytes are rounded up to the next KB with rounding occurring during and/or
at the end of the data session. All data that is directed to your device’s
internet address, including data sessions that you do not initiate or complete,
are counted against your data usage. Examples of data that will count as part of
your data usage are: sending or receiving email, documents, pictures or other
files; multimedia streaming (music and video); file uploads and downloads;
gaming services, graphics and applications; web page graphics (including logos,
pictures, banners, advertisements and updates to any of the aforementioned);
automatic device updates and any other automatic updates; any additional data
necessary in order to access, transport and route files on the network; data
associated with incomplete or interrupted downloads; and data associated with
unsuccessful attempts to upload or download a file, reach a website, use an
application or complete an online form or purchase; and any data that is re-sent
(such as when refreshing a page or browser). Data usage includes all data that
is downloaded, even though you may not have listened to or watched the entire
download. The data that is consumed and applied against your data usage is in
addition to any charges you may incur for purchased data content (such as the
cost associated with purchasing music, games, apps, movies, etc.). The amount of
data consumed and calculated as your data usage will vary significantly even
with respect to identical actions and data sessions. Estimates of data usage
such as the size of downloaded files are not accurate indicators of actual data
consumed during a session.


III. 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. Figgers Wireless
does not allow returns or provide refunds for any Activation Kits or Plans you
may have purchased.

Store Purchases. If you purchased a Figgers Wireless phone from a retailer or
wireless dealer (and not from Figgers Wireless 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.

Online Purchases from Figgers Wireless. If you purchased your Figgers Wireless
phone from Figgers.com, you have fifteen (15) 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 Figgers Wireless’
   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. Figgers Wireless 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.


IV. FIGGERS WIRELESS UNLOCKING POLICY

For Customers with Figgers Wireless Phones Capable of Being Unlocked: Figgers
Wireless will provide an unlocking code to customers who request unlocking,
provided they meet the following conditions:

 * (a) Customers must request phone unlocking. Figgers Wireless will unlock
   phones of current and former Figgers Wireless customers without charge.
   Non-former customers may request unlocking, but Figgers Wireless may charge a
   reasonable fee.
 * (b) The Figgers Wireless phone must have been activated on Figgers Wireless
   Service for no fewer than 12 months with Service Plans redeemed in no fewer
   than 12 months.
 * (c) Customers must possess a Figgers Wireless phone that is not reported
   stolen, lost, or associated with fraudulent activity.
 * (d) If a customer in good standing requesting phone unlocking is deployed as
   military personnel, upon provision of deployment papers, Figgers Wireless
   will honor that customer’s unlocking request.

For Customers with Figgers Wireless Phones Not Capable of Being Unlocked:
Figgers Wireless will provide customers with a partial refund or credit against
the purchase of a new Figgers Wireless phone if they meet the following
conditions:

 * (a) Customers must request phone unlocking.
 * (b) Customers must have had their locked phone activated on Figgers Wireless
   Service for no fewer than 12 months, redeemed air time cards in no fewer than
   12 months, and not have had their telephone number recycled or ported.
 * (c) Customers must request this interim unlocking solution while their
   Figgers Wireless Service is active or within 60 days after their Service
   expires. This 60-day grace period applies even if the customer’s telephone
   number was recycled or ported.
 * (d) Customers must currently own a Figgers Wireless phone model launched on
   Figgers Wireless’ Service after February 11, 2014 or activated with Figgers
   Wireless’ Service after February 11, 2015.
 * (e) Customers must possess a Figgers Wireless phone that is in working
   condition.
 * (f) Customers must possess a Figgers Wireless phone that is not reported
   stolen, lost, or associated with fraudulent activity.
 * (g) If a customer in good standing requesting handset unlocking is deployed
   as military personnel, upon provision of deployment papers, Figgers Wireless
   will honor that customer’s unlocking request by sending a refund for the
   trade-in value of the used, locked phone returned by the customer without
   regard to the 12 months of service activation and Service Plan redemption
   eligibility requirements.
 * (h) Customers are eligible for this program only once every twelve (12)
   months.

After an eligible customer contacts Figgers Wireless to request the trade-in
value of his or her phone, Figgers Wireless will provide a prepaid mailer for
the customer to return the used, locked phone. Upon receipt of the phone,
Figgers Wireless will send the customer a check for the trade-in value of the
phone. The trade-in value is determined by a formula reached through agreement
with the FCC. Eligible customers may elect to have the trade-in value of their
phone applied to the cost of a new Figgers Wireless phone that is capable of
being unlocked.

Customers who would like to check if they are eligible or submit an unlocking
request can do so through an online portal at the Figgers Wireless website or by
calling 1-800-223-5435.

Figgers Wireless may refuse any unlocking request that would result in an abuse
of its Unlocking Policy or is part of an effort to defraud Figgers Wireless or
its customers. Figgers Wireless’ Unlocking Policy is subject to change at any
time without advance notice.


 V. CHARGES

You agree to pay all Charges we assess and bill you or that were accepted or
processed through all Devices on your account. You agree to provide us with
accurate and complete billing information and to report all changes within 30
days of the change.


 VI. TAXES

You agree to pay all taxes and fees imposed by governments or governmental
entities. We may not give advance notice of changes to these charges.


 VII. SURCHARGES

You agree to pay all surcharges applicable to your Plan. Surchages are not
mandated or imposed on you by law, there are Figgers Wireless Charges that are
determined, collected, and retained by us. The components and amounts of the
surcharges are subject to change without notice. Surcharges include charges,
costs, fees, and certain taxes that we incur to provide service. Surcharges
assessed to you will vary depending on the type of Service and Plan you have.
Surcharges may change from time to time without notice regardless of any rate
plan.


 VIII. LATE PAYMENT

Figgers Wireless may charge a late fee. We may also charge a returned payment
fee. We may restrict your payment methods to cashier’s check, money order, or
other similar secure forms of payment at any time for good reason. If you fail
to pay on time and we refer your account to a third party for collection, a
collection fee will be assessed by Figgers Wireless and will be due at the time
of the referral to the third party. The fee will be calculated as a percentage
of the amount due to the extent permitted, or not otherwise prohibited, by
applicable law. If we accept late or partial payments, you still must pay us the
full amount you owe, including late fees. Late payment, non-payment and/or
collection fees are intended to be a reasonable advance estimate of our actual
costs resulting from late payments and non-payments by our customers; these
costs are not readily ascertainable and are difficult to predict or calculate at
the time that these fees are set. You and we each agree that if you fail to
timely pay amounts due, we may assign your account for collection, and the
collection agency may pursue, in small claims court, claims limited strictly to
the collection of the past due amounts and any interest or costs of collection
permitted by law or this Agreement. If your account is unpaid or otherwise not
in good standing, your service may be reduced, suspended, or terminated.


 IX. MISCELLANEOUS

1. DISCLAIMER

DISCLAIMER OF WARRANTIES FIGGERS WIRELESS PRODUCTS AND SERVICE ARE PROVIDED ON
AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE
THAT FIGGERS WIRELESS 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 VI (LIMITED WARRANTY), FIGGERS
WIRELESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NONINFRINGEMENT, 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 Figgers Wireless’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. Figgers Wirelessdoes 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. Figgers Wireless 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 Figgers Wirelessreserves the right to
substitute and/or replace any Product or Service with another Product or Service
of comparable quality.

2. LIMITATION OF LIABILITY

IN NO EVENT SHALL FIGGERS COMMUNICATION INC., D/B/A FIGGERS WIRELESS OR ITS
EMPLOYEES, VENDORS, SUPPLIERS, OR LICENSORS WILL BE LIABLE TO YOU OR OTHER USERS
OF YOUR SERVICE FOR ANY ACTUAL, DIRECT, 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).

WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT
MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, FIGGERS WIRELESS, ITS
EMPLOYEES,VENDORS, SUPPLIERS, AND LICENSORS LIABILITY SHALL BE LIMITED TO U.S.
$50.

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; (e) 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; or (j) things beyond our
control, including acts of God (for example, weather-related phenomena, fire,
earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders
or acts. You should implement appropriate safeguards to secure your phone,
computer or equipment and to back-up your information stored on each.

3. INDEMNIFICATION

You agree to indemnify and hold harmless Figgers Communication Inc., d/b/a
Figgers Wireless and its parent, subsidiaries, affiliates, vendors, suppliers,
and licensors and their former, current and future officers, directors,
employees, insurers, contractors, successors and assigns from any and all
liabilities, penalties, claims, causes of action, and demands brought by a third
party including the costs, expenses, and attorneys’ fees on account thereof
arising from or related to your use of a FCI Product or Service, whether based
in contract or tort (including strict liability) and regardless of the form of
action.

4. DISPUTE RESOLUTION

By accepting these Terms and Conditions, you are agreeing to resolve any dispute
with us through binding arbitration or small claims dispute procedures, and to
waive your rights to a jury trial and to participate in any class action suit.
For additional terms and conditions governing a dispute between us, including
how to dispute Charges assessed to you on your bill, choice of law, disclaimers
of certain warranties, limitations of liabilities, and your indemnification
obligations, visit www.figgers.com.

For any and all disputes or claims you have, you must first give us an
opportunity to resolve your claim by sending a written description of your
claim. You and we each agree to negotiate your claim in good faith. You agree
that you may not commence any arbitration or court proceeding unless you and we
are unable to resolve the claim within 60 days after we receive your claim
description and you have made a good faith effort to resolve your claim directly
with us during that time.

If we are unable to resolve your claim within 60 days despite those good faith
efforts, then either you or we may start arbitration or small claims court
proceedings. To begin arbitration, you must send a letter requesting arbitration
and describing your claim. The arbitration of all disputes will be administered
by the AAA under its Consumer Arbitration Rules in effect at the time the
arbitration is commenced, except to the extent any of those rules conflicts with
our agreement in these Terms and Conditions, in which case these Terms and
Conditions will govern. The AAA rules are available at www.adr.org. If the
claims asserted in any request or demand for arbitration could have been brought
in small claims court, then either you or we may elect 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 election in
writing. The arbitration of all disputes will be conducted by a single
arbitrator, who shall be selected using the following procedure: (a) the AAA
will send the parties a list of five candidates; (b) if the parties cannot agree
on an arbitrator from that list, each party shall return its list to the AAA
within 10 days, striking up to two candidates, and ranking the remaining
candidates in order of preference; (c) the AAA shall appoint as arbitrator the
candidate with the highest aggregate ranking; and (d) if for any reason the
appointment cannot be made according to this procedure, the AAA may exercise its
discretion in appointing the arbitrator. An arbitrator may award on an
individual basis any relief that would be available in a court, including
injunctive or declaratory relief and attorneys’ fees.

Class Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN
ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A
CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. If we believe that any
claim you have filed in arbitration or in court is inconsistent with this
limitation, then you agree that we may seek an order from a court determining
whether your claim is within the scope of this class action waiver. If a court
or arbitrator determines in an action between you and us that any part of this
Class Action Waiver is unenforceable with respect to any claim, the arbitration
agreement and Class Action Waiver will not apply to that claim, but they will
still apply to any and all other claims that you or we may assert in that or any
other action. 

Jury Trial Waiver. If a claim proceeds in court rather than through
arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Most customer concerns can be resolved quickly and to the customer’s
satisfaction by contacting Customer Care at 1-800-223-5435. Before taking any
formal action, you agree to first contact us in writing and provide a
description of your dispute, all relevant documents, and your proposed
resolution. If we are unable to resolve your dispute within 30 days of your
notice to us, you agree to submit your dispute to binding arbitration or small
claims court as set forth in this provision. 

5. CHOICE OF LAW

This Agreement shall be construed under the laws of the law of the State in
which you reside without regard to its choice of law rules, except for the
arbitration provision contained herein, which will be governed by the Federal
Arbitration Act. If you reside outside of the United States, then this Agreement
will be governed by the laws of the state of Florida.

6. PRIVACY POLICY

To view our Privacy Policy, please refer to our website at Figgers.com. 

7. ENTIRE AGREEMENT

This Agreement, the Privacy Policy, the Limited Warranty, the Return Policy, the
Unlocking Policy, and the additional terms and conditions below (to the extent
applicable) constitute the entire Agreement between you and Figgers Wireless,
Inc. with respect to any Figgers Wireless 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. 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.

© 2022 Figgers Wireless, Inc.


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