Terms and Conditions of calling plan

BY USING THIS CALLING PLAN, YOU AGREE TO THE FOLLOWING: THIS CALLING PLAN HAS: NO CONNECTION FEE, NO MAINTENANCE FEE, NO WEEKLY FEE, NO HUNG UP FEE, NO DISCONNECTION FEE, NO SERVICE FEE, NEVER EXPIRE. FCC MANDATED A SURCHARGE OF 99˘ (SUBJECT TO INCREASE) APPLIES TO PAY PHONE CALLS. CALL TIMES ARE ROUNDED TO THE NEXT 1 MINUTE INCREMENT. FCC MANDATED UNIVERSAL SERVICE FUND, TRS FUND, AND OTHER REGULATORY FEES APPLY BY LAW ARE ALL INCLUSIVE. NO POST CALL FEE WILL BE CHARGED AT THE END OF EACH CALL NO MATTER ON DESTINATION AND LENGTH OF EACH CALL. NO COMMUNICATION FEE IS ADDED DURING ALL CALLS. CALLS ORIGINATING FROM OUTSIDE OF 48 CONTIGUOUS U.S. STATES MAY INCUR AN ADDITIONAL CHARGE OF UP TO $0.19 PER MINUTE. CARD WILL NEVER EXPIRES.CARD MINUTES ADVERTISED AND ANNOUNCED ARE DELIVERED 100%. NO SURCHARGES OR FEES ON MULTIPLE CALLS. CHARGES FOR INTERNATIONAL CALLS VARY BY DESTINATION AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. CALLS TO CELLULAR PHONES ARE CHARGED AT RATES HIGHER THAN CALLS TO NON-CELLULAR PHONES. PHONECARDSMILE IS NOT RESPONSIBLE FOR LOST OR STOLEN PINS AND CHANGES IN THE RATES BY SERVICE PROVIDER. SAFEGUARD YOUR PIN; YOU ARE RESPONSIBLE FOR ANY UNAUTHORIZED USE, LOSS OR THEFT. CALLING PLAN IS RECHARGEABLE. CALLING PLAN IS NOT REFUNDABLE OR EXCHANGEABLE (ALL SALES ARE FINAL) UNLESS DEFECTIVE. NEITHER CALLING PLAN PROVIDER, NETWORK PROVIDER NOR PHONECARDSMILE (“DISTRIBUTOR”) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE CONDITION OR FITNESS OF THE SERVICES OFFERED FOR ANY PARTICULAR USE OR PURPOSE. THE DISTRIBUTOR’S LIABILITY SHALL BE LIMITED TO: DIRECT DAMAGES FOR PERSONAL OR PROPERTY INJURY, AND FOR ALL OTHER CLAIMS, AN AMOUNT EQUAL TO THE VALUE OF THIS CARD. IN NO EVENT WILL THE DISTRIBUTOR BE LIABLE FOR PUNITIVE, SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE EXCLUSIVE REMEDY FOR ALL DISPUTES AGAINST DISTRIBUTOR ARISING OUT OF PURCHASE OR USE OF CARD, EXCEPT FOR MATTERS TAKEN TO SMALL CLAIMS COURT, IS ARBITRATION BY A SINGLE ARBITRATOR UNDER THE CONSUMER ARBITRATION RULES OF THE AAA. DISPUTES AGAINST DISTRIBUTOR WILL NOT BE HEARD BY A JURY OR IN A COURT AND MAY NOT BE MADE PART OF A CLASS ACTION. CARD MAY BE DEACTIVATED WITHOUT NOTICE IF FRAUD IS REASONABLY SUSPECTED. PHONE CARD RATINGS ARE BASED ON INFORMATION THAT HAS BEEN OBTAINED FROM OUR CUSTOMER SERVICE AND OTHER SOURCES. PHONECARDSMILE GIVES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF SUCH INFORMATION, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY (INCLUDING FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES) FOR ANY ERROR, OMISSION OR INACCURACY IN SUCH INFORMATION.