Welcome to Go Smart. The following terms and conditions ("Terms and Conditions"), as amended from time to time in accordance with the provisions hereof, will govern the relationship between you, the customer ("you"), and TON Services dba Flying J Communications ("Go Smart").

1. Acceptance of Agreement
By activating your Go Smart phone you acknowledge and agree to the terms and conditions. If you do not agree to these terms, please contact a Go Smart representative immediately at (877) 487-8568 prior to activating your Go Smart phone.

2. Changes to the Agreement or Charges
We reserve the right to amend, modify or change these Terms and Conditions at any time (including without limitation the pricing or features of any Go Smart plan), by giving you written notice thereof, or alternatively, by posting such changes on our website at www.mygosmart.com. Such amended or modified Terms and Conditions or plan rates or features shall be effective immediately upon the posting thereof at the foregoing website and current Go Smart Terms and Conditions can be found at such website.

3. Terms; Involuntary Cancellation of Service
You are responsible for prepaying all charges for using Go Smart. Your prepaid account balance is depleted by the charges attributed to your usage. You will receive Go Smart service until your account balance reaches a zero balance, upon which event your service will be interrupted. You may continue to use Go Smart service by adding value to your account. If your account remains inactive, or maintains a zero balance for sixty (60) days, you may lose your phone number and be charged a re-activation fee the next time you add value to your account. If you are on the Nights & Weekends Plan and have a zero balance for (14) days, your account will be automatically moved to the Flat Rate Plan at 14 cents per minute. If you exceed the consumer usage threshold, your service may also be interrupted. You must maintain at least a $1 balance to make phone calls. If your balance drops below $1, you will not be able to make phone calls.

4. Return Policy
Your unopened Go Smart phone may be returned for cash back within seven (7) days of purchase, with satisfactory proof of purchase. To return phones that have been opened, activated, or have exceeded the seven (7) day return policy, you must first call the Go Smart customer service department by dialing 611 from your Go Smart phone or by calling (877) 487-8568. A Go Smart representative will determine if your mobile phone is eligible for an exchange, and if so will assign you a return authorization code, which will allow you to exchange your Go Smart phone at any Flying J Travel Plaza located in the U.S. If your Go Smart phone is eligible for an exchange Go Smart reserves the right to exchange your Go Smart phone with a like or refurbished handset. The Go Smart Customer Service representatives are the sole agents authorized to issue return authorization codes. NO CASH BACK will be given on phones returned after seven (7) days of purchase, or phones that have been opened. ALL PREPAID SERVICE FUNDS ARE NON-REFUNDABLE AND NO REFUNDS WILL BE GIVEN FOR UNUSED ACCOUNT BALANCES, OR FOR LOST OR STOLEN GO SMART CARDS.

5. Service Availability and Limits
Go Smart wireless network services are provided on the Nationwide Sprint PCS Network, providing coverage to more than 250 million people. Service, quality and availability may be affected by factors beyond Go Smart's control, including network changes, emergencies, traffic volume, terrain, weather, time zone changes and other conditions. Go Smart is not liable for service limits, failures, outages or other service interruptions or failures caused in whole or in part by acts of God or by other factors outside the reasonable control of Go Smart. No implied or other warranty of service availability and/or quality is provided. This includeds any viruses which may be transferred via the handset.

6. Use of Service
You agree not to use Go Smart services in any way that is illegal, fraudulent, or abusive as determined by Go Smart or by applicable law. You may not alter any of the hardware or software on your Go Smart mobile phone, or resell Go Smart service. Go Smart may immediately terminate your Go Smart service in the event you violate any term of this Section.

7. Use of Phone with Other Providers/Phone Purchases
Wireless devices and networks do not all use the same technologies. Only Go Smart phones are approved and are compatible with Go Smart service. Go Smart phones may be purchased at Flying J retail locations across the U.S. or online at www.mygosmart.com.

8. Changes to Your Account
To switch to another rate plan, contact Customer Service at www.mygosmart.com, call (877) 487-8568. Transfer fees may apply. To change personal account information or to switch plans, verification information must be provided. If you give your personal account verification information such as passwords, account numbers, or other personal data to third parties, they will be able to access and make changes to your account. You agree to be solely responsible for maintaining the confidentiality and security of all passwords, account information, and other security information and data relating to your Go Smart service account. You expressly authorize Go Smart to make all changes, alterations or other modifications to your account, and to follow all directives provided by any person or entity possessing and properly presenting proper password and other security information pertaining to your account. You further release Go Smart, its employees and agents from any and all liability for following directives given to them regarding your account following presentation of proper password and security information.

9. Billing, Charges and Fees
Your prepaid account balance is depleted by the charges attributed to your usage. Airtime usage is billed in rounded up full minute increments. Rates are determined by the plan you choose when activating your Go Smart phone. Applicable Taxes & Fees will be included in your prepaid charges. Certain Go Smart features (such as, but not limited to, text messaging and web access) and services (such as, but not limited to, operator or directory assistance calls) will result in additional charges to your account. Customers signing up for auto billing agree to be charged for service and other features a) on a monthly billing cycle basis or b) when your account drops below $5.00. Night and weekend usage may be required to be in proportion to anytime minute usage. Go Smart is intended for consumer use only and not for commercial purposes. Commercial usage occurs when off peak minute usage exceeds 2500 minutes or if your ratio is less than 30% peak minute usage. If you are deemed a commercial user, you may be automatically switched to the flat rate plan. Customers who select auto billing plan agree to be charged each continual month until they cancel their subscription.

Calls to Canada are .25/min plus regular airtime rates. Airtime rates are specific to the plan you have selected. You must maintain a minimum balance of $25 to make calls to Canada. If your balance drops below $25, only domestic calls will be permitted.

Customers may cancel their subscription at any time by calling (877) 487-8568. Go Smart is under no obligation to refund any portion of the subscription plan prior to or after the cancellation of that subscription. Go Smart is not responsible for incoming calls to a Go Smart phone that are not intended for the Go Smart customer.

Incorrect Charges
If you believe there has been an error in charges posted to your account, you have fifteen (15) days from the date of the posting to notify Go Smart, or you hereby waive any right to dispute the charge. To notify Go Smart, please contact customer service at www.mygosmart.com, (877) 487-8568, or dial 611 from your Go Smart phone.

10. Taxes & Fees/Regulatory and Administrative Fees
Taxes will be deducted from your account along with certain other fees, assessments and other charges (such as sales, use, excise, public utility and other taxes) levied by or remitted to domestic governments or authorities as a result of providing these services ("Taxes & Fees"). Go Smart will determine, in its sole discretion, the type and amount of Taxes & Fees to be deducted from your account. These Taxes & Fees may change at any time without notice. Go Smart may also deduct, in its sole discretion, for regulatory and administrative fees to recover its costs of complying with certain regulatory mandates and Universal Service Fees ("USF") or similarly imposed charges (the amount or method of calculation of these fees may change at any time without notice to you) except to the extent prohibited by law. Regulatory and administrative fees and USF are not taxes or government required charges. Go Smart reserves the right to impose regulatory and administrative fees. Certain Taxes & Fees use the residential or business street address you provide. If you provide an address (such as a PO box) that is not a recognized street address, does not identify the taxing jurisdictions applicable to the address, or does not reflect the service area associated with your phone number, you may be assigned a default location for the Taxes & Fees calculation, which may result in a higher or lower charge for certain Taxes & Fees.

11. Disclaimer of Warranties
GO SMART MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR EQUIPMENT YOU RECEIVE FROM GO SMART, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SERVICES, PRODUCTS AND THIRD PARTY PRODUCTS ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND. GO SMART DOES NOT MANUFACTURE ANY EQUIPMENT OR SOFTWARE THAT YOU MAY USE IN CONNECTION WITH GO SMART SERVICE, AND YOUR ONLY WARRANTIES AND REPRESENTATION WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH GO SMART HAS NO LIABILITY WHATSOEVER). GO SMART DOES NOT WARRANT THAT THE SERVICES AND/OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUS OR OTHER HARMFUL COMPONENTS OR EFFECTS.

12. Limitation of Liability
YOU ASSUME FULL LIABILITY, RESPONSIBILITY AND RISK FOR USE OF THE GO SMART PRODUCTS AND SERVICES, AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE RISKS OF SAFETY AND HEALTH, AND THE ADVISABILITY OF ALL OTHER RISKS ASSOCIATED WITH SUCH USE. GO SMART IS NOT LIABLE TO YOU, OR TO ANY OTHER USERS OF YOUR PHONE OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM THE USE, POSSESSION, PURCHASE OR SUBSCRIPTION TO GO SMART SERVICES AND PRODUCTS, EVEN IF GO SMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE GIVEN BY GO SMART, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY. GO SMART, ITS EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE BY YOU, ANY THIRD PERSON OF THE GO SMART PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE MAXIMUM CUMULATIVE LIABILITY TO YOU, ANYONE USING OR ASSERTING ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO YOUR GO SMART PRODUCTS OR SERVICE, SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICES FEES PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE ASSERTION OF SUCH CLAIM.

13. Indemnification
You agree to indemnify, defend, and hold harmless Go Smart, its employees and agents from any and all claims, demands, actions, judgments, damages, costs and expenses, including without limitation, all attorney's fees, expert witness and consultant fees, and all other costs of court and litigation incurred by Go Smart, arising out of or in any manner relating to your use of Go Smart products and services, and your breach of any of these Terms and Conditions.

14. Dispute Resolution
ANY CLAIM ARISING UNDER THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, CLAIMS RELATING TO YOUR GO SMART ACCOUNT, PRODUCTS OR SERVICE, AND/OR BILLING DISPUTES, SHALL BE RESOLVED BY MANDATORY MEDIATION, AND IF NECESSARY, FOLLOWED BY BINDING ARBITRATION. BEFORE INSTITUTING MEDIATION OR ARBITRATION, YOU AGREE TO PROVIDE GO SMART WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO GO SMART AT FLYING J COMMUNICATIONS, ATTN: CUSTOMER RELATIONS, 4185 SOUTH HARRISON BLVD., SUITE 301, OGDEN, UTAH 84403. YOU FURTHER AGREE TO NEGOTIATE WITH GO SMART IN GOOD FAITH REGARDING YOUR CLAIM. IF GO SMART IS NOT ABLE TO RESOLVE YOUR CLAIM WITHIN THIRTY (30) DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR GO SMART MAY INITIATE MEDIATION PROCEEDINGS, WITH A MEDIATOR MUTUALLY APPROVED BY THE PARTIES. UPON ANY FAILURE OF THE MEDIATION PROCESS TO REACH A RESOLUTION, EITHER PARTY MAY IMMEDIATELY INSTITUTE BINDING ARBITRATION PROCEEDINGS. SUCH PROCEEDINGS SHALL PROCEED UNDER THE RULES APPLICABLE TO THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), ALTHOUGH THE ARBITRATOR NEED NOT BE AN AAA ARBITRATOR, BUT SHALL BE AN ARBITRATOR MUTUALLY AGREEABLE TO THE PARTIES. ANY SERVICE UPON GO SMART SHALL BE IN ACCORDANCE WITH APPLICABLE LAWS REGARDING SERVICE OF PROCESS. EACH PARTY AGREES TO PAY THEIR OWN COSTS AND EXPENSES ASSOCIATED WITH DISPUTE RESOLUTION, MEDIATION AND/OR ARBITRATION, INCLUDING WITHOUT LIMITATION, ALL FEES FOR ATTORNEYS, EXPERT WITNESSES AND CONSULTANTS, PROVIDED HOWEVER THAT THE COST OF THE ARBITRATOR SHALL BE SPLIT EQUALLY BETWEEN THE PARTIES. YOU AND GO SMART FURTHER AGREE TO ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINING A CLAIM BETWEEN YOU AND GO SMART DETERMINES THAT THIS WAIVER OF ABILITY TO PARTICIPATE IN A CLASS ACTION IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGREEMENT TO ARBITRATE SHALL NOT APPLY AND YOU AND GO SMART AGREE THAT SUCH CLAIM WILL BE RESOLVED BY A COURT OF COMPETENT JURISDICTION. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT AS PROVIDED ABOVE, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY DISPUTES OR CLAIMS BETWEEN YOU AND US. The terms of this Section shall survive the expiration or earlier termination of these Terms and Conditions.

15. Privacy
Wireless systems use radio frequency to transmit communications over a network. Go Smart does not guarantee that your communications using the service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You acknowledge that your caller identification information may be displayed to others (such as in connection with a caller identification service, or on another person's billing), even if your number is unlisted or private. Upon subscribing, you will receive an account password. You should keep this password confidential. Go Smart is not responsible for any unauthorized use of your account or access of information through your account. Please notify Go Smart immediately upon discovering any unauthorized use of your account. At Go Smart, your privacy is important. We do not and will not sell, trade or share any of our customers personal information outside of the Flying J family of companies, and only select employee's have access to your information. We use the information that we collect to help us serve you better, with industry leading products and services that are suited to your needs as a customer. If Go Smart or any of its affiliates is court-ordered to provide any of your personal information Go Smart must comply and release the information to the proper court authorities as required by law. Additionally, under certain limited circumstances, Go Smart may also provide your information to law enforcement, governmental or regulatory agencies in cooperation with official investigations.

If our privacy policy should ever change, we will post the changes no less than 30 days before they take effect and specifically inform you of what has changed and how it will affect you and your information. For more information on our privacy policies, please see our privacy notice at www.mygosmart.com.

16. Lost or Stolen Phone
Until Go Smart is notified your phone is lost or stolen, you are responsible for charges incurred on your account. Once notified of the loss, Go Smart will suspend your account, and will transfer your account balance to your new Go Smart phone. Balances will not be refunded if a new Go Smart phone is not purchased.

17. Number Portability
To switch your existing mobile phone number to your new Go Smart mobile phone, call Go Smart Customer Service at (877) 487-8568. Go Smart makes no guarantee, and will not be held liable for the inability of another service provider to port your phone number. In addition, Go Smart will not reimburse you for any termination fees imposed by another carrier. To switch your existing Go Smart mobile phone number to another service provider, contact your new service provider. Customers must provide their Go Smart phone number and account password for verification before a Go Smart phone number will be ported to another carrier.

18. Notices/Customer Communications
Go Smart may communicate with you, or respond to your inquiries electronically through your Go Smart phone, such as voicemail or text messaging, which is considered given and received immediately upon transmission. Written notice to us is considered given when received by Go Smart representatives, at Go Smart 4185 Harrison Blvd, Suite 301 Ogden, UT 84403

19. Severability
The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. If any term or provision is held to be unenforceable, such term shall be construed as nearly as possible to reflect the intent of the parties with the other terms and provision remaining in full force.

20. Applicable Law/Venue
These Terms and Conditions, and any and all disputes arising hereunder shall be interpreted and construed in accordance with Utah law, without reference to conflict of interest laws. All mediations and arbitrations shall be held in Weber or Salt Lake Counties, State of Utah. The parties hereby agree that where court action is permitted by these Terms and Conditions, or otherwise filed by a party, the state or federal courts in and for the State of Utah shall have exclusive jurisdiction over such claims. The parties hereby expressly submit themselves to such exclusive jurisdiction and waive all defenses and claims relating to such exclusive jurisdiction.