• Awards and Milestones
• Outreach
• Partners

ProtectCELL DEVICE Protection Terms & Conditions

Form: PCDV-ADH-05202013

 

MOBILE DEVICE REPAIR AND REPLACEMENT PLAN AGREEMENT
This Agreement is not a Contract of Insurance.

PLEASE READ THIS AGREEMENT CAREFULLY. It describes the protection You will receive in return for payment by You. You must keep this Agreement, Your sales invoice and receipt for the product You purchased. They are integral parts of this Agreement and You may be required to produce them to obtain service. You must maintain the Covered Product as recommended by the manufacturer’s owner’s manual or product warranty. Refer to the Declarations Page of this Agreement or Your sales invoice or receipt to determine the term of this Agreement and whether there is a deductible required to obtain service.
Any person who knowingly and with intent to injure, defraud, or deceive any insurer or its insured and files a statement of claim or any application containing false, incomplete or misleading information may be guilty of a felony.

I.	DEFINITIONS:
	(1)	“We”, “Us”, and “Our” mean the Company obligated under this Agreement, 4warranty Corporation, [2301 Park Avenue, Suite 402, Orange Park, FL 32073] [(800) 867-2216], in all states except in Florida and Oklahoma where it is Lyndon Southern Insurance Company, [10151 Deerwood Park Blvd., Bldg. 100, Suite 500, Jacksonville, FL 32256], [(800) 888-2738], and in Washington where it is Dealers Alliance Corporation, [3518 Riverside Drive, Upper Arlington, OH 43221], [(800) 282-8913], and in Arizona, Colorado, Maine and North Carolina where it is the Selling Retailer;
	(2)	“You” and “Your” mean the purchaser of the Covered Product(s) and any authorized transferee/assignee of the purchaser;
	(3)	“Administrator” means Digital Leash, LLC d/b/a ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375], [(877) 775-3274], in all states;
	(4)	“Selling Retailer” means the entity selling the Covered Product and this Agreement; and
	(5)	“Covered Product” means the consumer item(s), which You purchased and is covered by this Agreement.
	(6)	“Standard Phone” means mobile phones and mobile devices that do not require a data package from a wireless carrier (also encompasses air cards and MiFi Devices).
	(7)	“Smart Phone” means mobile phones and mobile devices that require a data package from the wireless carrier.
	(8)	“Premium Device” means advanced devices including the most recently launched version of a smart phone and devices that are referenced as tablets, netbooks, or other computing type devices.
	(9)	“Waiting Period” means thirty (30) days when a Covered Product is purchased on a date other than the membership enrollment date. We may waive the Waiting Period if the date You purchased Your Covered Product and the date You purchased membership are the same date.
IIA.	REPLACEMENT PLAN:
	(1)	Eligible Devices: Mobile phones and tablets that are two (2) years old or less are eligible for coverage under the Replacement Plan. Proof of purchase, copy of telecommunications provider bill, or other document identifying ownership may be required prior to submission of a request for replacement under the Replacement Plan. The information requested may be provided by email to [info@protectcell.com] or by fax to [(866) 280-8635].
	(2)	Term: The Replacement Plan term is either one (1) year or two (2) years from the date Replacement Plan is purchased depending on the plan purchased. The term of this Agreement begins on the purchase date of the Protection Plan and continues for the period indicated on the Declarations Page, Your sales invoice or receipt. THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY.
	(3)	Coverage: With regard to all membership enrollment requests, including those which require a predefined Waiting Period, the coverage specified in this Agreement begins at 12:01 a.m. on the later of the date of such request or the expiration of any predefined required Waiting Period as indicated on the Declarations Page of this Agreement, Your sales invoice or sales receipt, whichever is greater. Accidental Damage in Handling (“ADH”) coverage shall begin upon expiration of the predefined Waiting Period in Section I(9) of this Agreement.
		(A)	We may replace Your Covered Product due to a:
			(1)	Mechanical or electrical breakdown, including those experienced during normal wear and tear,
			(2)	Mechanical or electrical breakdown caused by a direct result of a power surge, and
			(3)	ADH as defined in this Agreement in Section 4 (below). You are responsible for retaining Your SIM card and backing up all software, ring tones, pictures and data on Your phone prior to replacement.
		(B)	If You submit Your request for enrollment for coverage after the Initial Activation of Your Covered Product, Your coverage under this Agreement may require the successful completion of a test call to the “Covered Product” prior to becoming effective. In the event a test call is performed, We or Our authorized representative will notify You within 30 days if Your enrollment request is not approved.
	(4)	Conditions at the Time of Loss: In the event of a covered Loss, We will arrange for the replacement of Your Covered Product.
		(A)	Replacement equipment may be remanufactured equipment, or different equipment of like kind and quality. Phone color, brand model, features and functions may be different and accessory compatibility is not guaranteed.
		(B)	Replacement equipment will be approved equipment for use on the network of Your Service Provider and in the same equipment category and value as the Covered Product at the time of Loss.
		(C)	In all cases where replacement is not possible, You may be paid the retail value of Your Covered Product not to exceed the purchase price, excluding sales tax, delivery and handling.
		(D)	Equipment failure evaluation must be performed prior to approval of Your request for replacement of the Covered Product.
	(5)	Limit of Liability:
		(A)	Aggregate Coverage Limit: An aggregate limit of $1,500.00 USD applies to total covered Losses to Your Covered Product for any one twelve (12) month period. The twelve month period is calculated based on the Date of Replacement for each covered loss.
		(B)	Aggregate Replacements Limit: A maximum of two (2) replacements of Your Covered Product will be allowed in any one twelve (12) month period. The twelve month period is calculated based on the Date of Replacement for each covered Loss.
	(6)	How to Get Service: Contact the Administrator and You will be advised how to obtain service. Call the toll-free number at [(877) 775-3274] between the hours of [9:00 AM and 6:00 PM, Eastern Time], or go online to [www.protectcell.com] and log in to Your account. All replacements must be authorized by the Administrator. Check that the batteries do not need replacing or recharging. EMERGENCY SERVICE: In Utah Only: If after [6:00 PM, Eastern Time], You are unable to reach Us at [(877) 775-3274] and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Us Your original repair bill along with the technician’s report and a copy of the Agreement to Digital Leash, LLC d/b/a ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375] for reimbursement. All coverage and exclusions in this Agreement will apply.
		(A)	Prior to service being performed, You will be required to provide a valid credit card number to satisfy the deductible amount described below. Your failure to take delivery of replacement equipment after Our claim approval will result in forfeiture of the replacement equipment and Your claim under this Agreement.
		(B)	If We replace Your Covered Product You are required to send Us Your defective Covered Product. YOU MUST RETURN THE COVERED PRODUCT TO US IN THE RETURN MAILER WE PROVIDE WITHIN TEN (10) BUSINESS DAYS OF RECEIVING THE RETURN MAILER, OR YOUR CREDIT CARD WILL BE CHARGED $100 IF YOU HAVE A STANDARD PHONE, $200 IF YOU HAVE A SMART PHONE, or $300 IF YOU HAVE A PREMIUM DEVICE. YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE COVERED PROPERTY AS DIRECTED.
		(C)	The Administrator will issue You a prepaid return shipping label. You must ship Your damaged or defective item to the Administrator at the address provided. Please make sure Your product is properly protected with other protective materials as needed. Your credit card will be charged for the amount of the replacement unit if Your failed product is damaged in shipping to Us.
	(7)	Deductible: Each replacement of Your Covered Product is subject to a nonrefundable deductible per covered Loss as follows: For a Standard Phone: $50 for Your first replacement device, $80 for the second device; For a Smart Phone: $125 for Your first replacement device, $150 for the second device; For a Premium Device: $150 for Your first replacement device, $200 for Your second device. You must make this payment before We will authorize a replacement. You will be required to furnish Us with a valid credit card number to satisfy Your deductible.
IIB.	REPAIR PLAN:
	(1)	Eligible Devices: Mobile phones and tablets that are two (2) years old or less are eligible for coverage under the Repair Plan. Proof of purchase, copy of telecommunications provider bill, or other document identifying ownership may be required prior to submission of a request for replacement under the Replacement Plan. The information requested may be provided by email to [info@protectcell.com] or by fax to [(866) 280-8635].
	(2)	Term: For the Repair Plan, the term of this Agreement begins on the date of purchase and continues for the period indicated on the face of this Agreement or as indicated in the Declarations Page, Your sales receipt or invoice. Coverage for mechanical breakdown and covered defects is effective upon the expiration of the shortest portion of the manufacturer’s warranty. Waiting Period for ADH: Coverage for ADH begins upon expiration of the Waiting Period defined in Section I(9) of this Agreement, or on Your sales receipt or invoice. In the event Your Covered Product is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended until covered repair has been completed. THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY.
	(3)	Coverage: We will repair or replace the Covered Product, at Our discretion, due to a mechanical or electrical breakdown, including those experienced during normal wear and tear, or from ADH as defined in this Agreement in Section III. A mechanical or electrical breakdown caused by a direct result of a power surge is also covered. Parts will be replaced with those of like kind and quality. We may use new or remanufactured parts. If the Covered Product cannot be repaired; if the cost of the repair exceeds the original purchase price; if parts are no longer available or are discontinued by the manufacturer, the Covered Product will be replaced as determined by Us with a product of similar quality and features. You are responsible to backup all computer software and data prior to commencement of repair.
	(4)	Limit of Liability: Our limit of liability for Your Covered Product under the Repair Plan is the cost of authorized repairs, or replacement as determined by Us, with a product of like quality and similar features. In no event will Our total liability for repairs or replacement exceed Your purchase price for the Covered Product, excluding sales tax, delivery and installation costs. A maximum of two (2) repairs of Your Covered Product, with an aggregate limit of $1,500.00 in total covered losses, will be allowed in any one twelve (12) month period. The twelve month period is calculated based on the Date of Repair for each covered Loss. SERVICE COSTS, BREAKDOWN CHARGES, INSPECTION FEES, OR ESTIMATE CHARGES FOR REPAIRS NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY.
	(5)	How to Get Service: You must Contact the Administrator for the appropriate authorized service center. Call the toll-free number at [(877) 775-3274] between the hours of [9:00 AM and 6:00 PM, Eastern Time], or go online to [www.protectcell.com]. All repairs must be authorized by the Administrator prior to performance of work. Claims on unauthorized repairs may be denied. You may be asked for a credit card number prior to service being performed. Many oversights, which are not covered under this Agreement, can be due to simple circumstances such as the Covered Product not being switched on, being unplugged, or a fuse blown at the junction box. For a Covered Product that uses batteries as the prime power supply, check that the batteries do not need replacing or recharging. EMERGENCY SERVICE: In Utah Only: If after [6:00 PM, Eastern Time], You are unable to reach Us at [(877) 775-3274] and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Us Your original repair bill along with the technician’s report and a copy of the Agreement to Digital Leash, LLC d/b/a ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375] for reimbursement. All coverage and exclusions in this Agreement will apply.
	(6)	Service Deliverables: There may be a deductible required to obtain service for Your Covered Product as indicated on the Declarations Page of this Agreement. You will receive service on Your Covered Product as described below and as indicated on the Declarations Page of this Agreement:
		Carry-In: Unless otherwise provided in this Agreement, Covered Products must be delivered and picked up by You at Our authorized service center during normal business hours. Depot: We will provide You with a shipping label for You to ship Your failed product to the nearest repair facility. You are responsible for all costs of postage, insurance, packaging and shipping. Your product must be properly protected with bubble wrap or other protective materials. We are not responsible for and have no liability for product damaged in shipping. Your repaired product will be mailed back to You at no charge. Express: We will mail a shipping box and return label with instructions for You to ship Your failed product to Our designated repair facility. We will pay for return postage of Your repaired product.
III.	ACCIDENTAL DAMAGE IN HANDLING (“ADH”):
	Your product is protected against accidental damage in handling such as drops, water damage and liquid spills. ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the “What is Not Covered” section of this Agreement. Any resultant damage from this type of treatment is NOT covered by this ADH program. For the purpose of this Agreement, Accidental Damage is defined as a single, unexpected and unintentional event and does not include accumulated damage from continual or multiple events. The use of this coverage requires an explanation of where and when the accident occurred as well as a detailed description of the actual event.
IV.	WHAT IS NOT COVERED:
	(1)	Product repairs or replacements that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs or replacements;
	(2)	Cleaning; Periodic checkups; preventive maintenance;
	(3)	Any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold “AS-IS” including but not limited to floor models, demonstrations models, etc.;
	(4)	Except as noted in Section IIA(3) and IIB(3) above, parts or repairs due to normal wear and tear unless tied to a breakdown and items normally designed to be periodically replaced by You during the life of the product, including but not limited to batteries;
	(5)	Except as noted in Section IIA(3) and IIB(3) above, damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; failure to follow the manufacturer’s instructions; external causes, including third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; acts of God or consequential loss of any nature;
	(6)	Loss or damage caused by war; invasion; act of foreign enemy; hostilities; civil war; rebellion; riot; strike; labor disturbance; lockout; or civil commotion;
	(7)	Incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the Covered Product is at an authorized service center or awaiting parts;
	(8)	Failures that occur outside of the 50 states of the United States of America and the District of Columbia;
	(9)	Non-functional or aesthetic parts including but not limited to plastic housing;
	(10)	Unauthorized repairs and/or parts;
	(11)	Cost of installation, setup, diagnostic charges, removal or reinstallation of the Covered Product, except as provided herein;
	(12)	Accessories used in conjunction with a Covered Product;
	(13)	Any other loss other than a covered breakdown;
	(14)	Service where no problem can be found; noises; squeaks; breakdowns which are not reported during the term of this Agreement;
	(15)	Loss due to the intentional parting of Your Covered Product by You or anyone entrusted with Your Covered Product; Loss due to intentional, dishonest, fraudulent or criminal acts by You or Your family members; any of Your authorized representatives; anyone You entrust with Your Covered Product; and any of their family members; or anyone else with an interest in Your Covered Product for any purpose, acting alone or in collusion with others;
	(16)	Loss due to obsolescence, including technological obsolescence, of Your Covered Product;
	(17)	Loss caused by or resulting from change or enhancement in color, texture, or finish; Loss caused by or resulting from expansion, contraction, or any cosmetic damage of Your Covered Product, however caused; Scratches and marring that occur to Your Covered Product;
	(18)	Loss or damage to or of personalized data, such as contact lists, photos, video, and music downloads is not covered; Loss or damage to or of customized software, such as personal information managers (PIM’s), ring tones, games, or screen savers is not covered; Loss or damage to or of antennas, external housings, or casings that does not affect the mechanical or electrical function of the Your Covered Product is not covered; and
	(19)	Any Loss or damage caused by or through or in consequence, directly or indirectly, of Computer Virus, whether intentional or unintentional, and whether such loss be direct or indirect, proximate or remote or be in whole or in part caused by, contributed to or aggravated by the covered causes of Loss covered under this Agreement.
V.	CONDITIONS:
	(1)	Transferability: This Agreement is not transferable.
	(2)	Territories: The Agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canadian or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
	(3)	Subrogation: If We pay for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover.
	(4)	Arbitration: In the event of a disagreement between You and Us concerning costs, either party may make a written demand for arbitration. This must be done within sixty (60) days after the day You filed Your claim. Each party will select an arbitrator. The two (2) arbitrators will select an umpire. Each party will pay the expenses of the respective arbitrator selected. The expenses of the umpire will be shared equally. Unless both parties agree otherwise, arbitration will take place in the county and state in which You live. Local rules will apply. A majority decision will be binding. State Variations:
		(A)	In Arizona: Arbitration does not preclude the consumer&rsquols right to file a complaint with the Arizona Department of Insurance Consumer Affairs Division, (800) 325-2548.
		(B)	In California: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highlands, CA 95660, or You may visit their website at www.bear.ca.gov. Informal dispute resolution is not available.
		(C)	In Florida, Georgia, and Oregon: The “Arbitration” section of this Agreement is removed.
		(D)	In Oklahoma: Arbitration does not preclude Your right to a judicial review. If agreement by arbitration is not reached within three months from the date of the demand for arbitration, You retain the right to sue the tortfesor.
		(E)	In Utah: Any matter in dispute between You and the Company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the Company. Any decision reached by arbitration shall be binding upon both You and the Company. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction.
		(F)	In Washington: Arbitration proceedings are to be held at a location in closest proximity to the service contract holder’s permanent address.
		(G)	In Wyoming: Arbitration can only be final and binding if agreed to by the parties involved, in a separate written agreement.
	(5)	Cancellation: You may cancel this Agreement for any reason at any time by contacting the Administrator by phone at [(877) 775-3274]; by email at [info@protectcell.com]; or in writing to ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375]. If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement You must first return to the Selling Retailer for a full refund, less the cost of claims paid. If You cancel after thirty (30) days of receipt of Your Agreement, You must first return to the Selling Retailer or to the Obligor, should the Selling Retailer not be available, and You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation. If We cancel, the return premium is based upon one hundred percent (100%) of the unearned pro-rata premium. State Variations: The following state variations will control if inconsistent with any other provisions:
		(A)	In Alabama, Arkansas, California, Hawaii, Maryland, Nevada, New York, South Carolina, Texas, Washington and Wyoming: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement.
		(B)	Arizona Only: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation.
		(C)	California Only: You may cancel this Agreement for any reason at any time. If You cancel Your Agreement within sixty (60) days of receipt of Your Agreement You must first return to the Selling Retailer for a full refund. If You cancel after sixty (60) days of receipt of Your Agreement, You must first return to the Selling Retailer or to the Obligor should the Selling Retailer not be available, and You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation. If We cancel, the return premium is based upon one hundred percent (100%) of the unearned pro-rata premium.
		(D)	Connecticut Only: You may cancel this Agreement if You return the Product or the Product is sold, lost, stolen, or destroyed.
		(E)	Georgia Only: If You cancel after thirty (30) days of receipt of Your Agreement, You will receive a pro rata refund of the Agreement price. In the event of cancellation by US, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You.
		(F)	Maine Only: The provider of the contract shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the provider at least 15 days prior to cancellation by the provider. The notice must state the effective date of the cancellation and the reason for the cancellation. If a service contract is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the service contract holder 100% of the unearned pro-rata provider fee, less any claims paid. An administrative fee not to exceed 10% of the provider fee paid by the service contract holder may be charged by the provider. A monthly penalty equal to 10% of the outstanding provider fee outstanding must be added to a refund that is not paid or credited within 45 days after the return of the service contract to the provider.
		(G)	Massachusetts Only: The provider shall mail a written notice to the contract holder, including the effective date of the cancellation and the reason for the cancellation at the last known address of the service contract holder contained in the records of the provider at least 5 days prior to cancellation by the provider unless the reason for cancellation is nonpayment of the provider fee, material misrepresentation or a substantial breach of duties by the service contract holder relating to the covered product or its use.
		(H)	Nevada Only: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation.
		(I)	New Mexico Only: We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Agreement has been in force for a period of seventy (70) days, We may not cancel it before the expiration of the Agreement term or one (1) year, whichever occurs first, unless:
			(1)	You fail to pay the amount due;
			(2)	You are convicted of a crime which results in an increase in the service required under the Agreement;
			(3)	You engage in fraud or material misrepresentation in obtaining this Agreement; or
			(4)	You commit any act, omission, or violation of any terms of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within sixty (60) days of receipt of a returned service contract.
		(J)	North Carolina Only: We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of this Agreement.
		(K)	Oklahoma Only: In the event You cancel this Agreement, return of premium shall be based upon ninety percent (90%) of the unearned pro rata premium. In the event We cancel this Agreement, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium.
		(L)	Oregon and Texas Only: You, the contract holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your contract is returned to the provider.
		(M)	Utah Only: We can cancel this Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Agreement during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for nonpayment of premium and thirty (30) days prior to the cancellation date for any of the following reasons:
			(1)	material misrepresentation;
			(2)	substantial change in the risk assumed, unless the We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement, or
			(3)	substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following:
				(a)	the Agreement number,
				(b)	the date of notice,
				(c)	the effective date of the cancellation, and,
				(d)	a detailed explanation of the reason for cancellation.
		(N)	Washington Only: We may not cancel this Agreement without providing You with written notice at least twenty-one (21) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation.
	(6)	Entire Agreement: This is the entire Service Agreement between the parties, and no representation, promise or condition not contained herein shall modify these items.
	(7)	State Variations: The following state variations will control if inconsistent with any other provisions:
		(A)	Arizona Only: In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (4) is removed.
		(B)	Connecticut Only: If You purchased this Agreement in Connecticut, You may pursue arbitration to settle disputes between You and the provider of this Agreement. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attention: Consumer Affairs. The written complaint must describe the dispute, identify the price of the Product and cost of repair, and include a copy of this Agreement.
		(C)	Florida Only: The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation.
		(D)	Georgia Only: Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (4) is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Agreement and/or any sold “AS-IS” including but not limited to floor models, demonstration models, etc.
		(E)	Michigan Only: If performance under this Agreement is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.
		(F)	Nevada Only: This Agreement may contain a Waiting Period. Please check Your Declarations Page to see whether a Waiting Period exists for this Agreement and, if so, what the length of the Waiting Period is.
		(G)	New Hampshire Only: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, NH 03301, (603) 271-2261.
		(H)	Oklahoma Only: This Agreement is not issued by the manufacturer or wholesale company marketing the Covered Product covered by this Agreement. This Agreement will not be honored by such manufacturer or wholesale company. Oklahoma service warranty Statutes do not apply to commercial use references in service warranty contracts. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association.
		(I)	Oregon Only: Upon failure of the obligor to perform under the contract, the insurer shall pay on behalf of the obligor any sums the obligor is legally obligated to pay and any service that the obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination.
		(J)	South Carolina Only: If You purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, SC 29202-3105, telephone number 803-737-6180.
		(K)	Texas Only: If You purchased this Agreement in Texas, unresolved complaints or questions concerning the regulations of service contracts may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, telephone number (512) 463-2906 or (800) 803-9202. You may contact the Administrator, License Number 213, by phone at [(877) 775-3274]; by email at [info@protectcell.com]; or in writing to ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375].
		(L)	In Utah: This service contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim.
		(M)	In Washington: You are not required to wait sixty (60) days before filing a claim directly with the insurer.
VI:	INSURANCE:
	EXCEPT FOR FLORIDA AND OKLAHOMA, THE OBLIGOR UNDER THIS AGREEMENT IS INSURED BY “LYNDON SOUTHERN INSURANCE COMPANY,” [10151 DEERWOOD PARK BLVD., BLDG. 100, SUITE 500, JACKSONVILLE, FL 32256] [(800) 888-2738], EXCEPT IN NORTH CAROLINA AND GEORGIA WHERE THE OBLIGOR IS INSURED BY “INSURANCE COMPANY OF THE SOUTH,” [10151 DEERWOOD PARK BLVD., BLDG. 100, SUITE 500, JACKSONVILLE, FL 32256] [(800) 888-2738], AND IN CA, NH, NY, WA, AND WI WHERE THE OBLIGOR IS INSURED BY “DEALERS ASSURANCE COMPANY,” [3518 RIVERSIDE DRIVE, UPPER ARLINGTON, OH 43221], [(800) 282-8913]. IF THE ADMINISTRATOR FAILS TO PROVIDE SERVICE OR PAY A CLAIM WITHIN SIXTY (60) DAYS YOU MAY SUBMIT YOUR CLAIM DIRECLTY TO THE INSURER AT THE ABOVE ADDRESS.

ProtectCELL DEVICE Plan Terms and Conditions - California Plan Sales

RESPONSE INDEMNITY COMPANY OF CALIFORNIA

Administrative Office: 10151 Deerwood Park Blvd., Building 100, Suite 500 Jacksonville, FL 32256 - (800) 888-2738

Commercial Inland Marine Communications Equipment

Evidence of Coverage

Some provisions in this Evidence of Coverage ("Evidence of Coverage") restrict coverage. Read this entire Evidence of Coverage carefully. It sets forth each party's rights and duties and what is and is not covered.

In this Evidence of Coverage, the words "you" and "your" refer to the "Insured Subscribers". The words "we", "us" and "our" refer to Response Indemnity Company of California.

In this Evidence of Coverage, the words "Authorized Representative" and Digital Leash, LLC d/b/a ProtectCELL, refer to Digital Leash, LLC d/b/a ProtectCELL, 39500 High Pointe Blvd., Suite 250, Novi, MI 48375.

Other capitalized words and phrases have special meaning. Refer to Section IX. DEFINITIONS.

A copy of the policy under which this Evidence of Coverage is issued is available for your inspection.

1. COVERAGE.

   Subject to all of the terms, conditions, exclusions, and limits of insurance contained in this Evidence of Coverage, we agree to provide the insurance as stated in this Evidence of Coverage on a month to month basis, provided that any Loss (as defined in Section IX. DEFINITIONS) to the Covered Property occurs while your coverage is in effect. Information About Your Coverage

   With regard to all enrollment requests including those which require a predefined Waiting Period, the coverage specified in this Evidence of Coverage begins at 12:01 a.m. on the later of the date of such request or the expiration of any predefined required Waiting Period. The nformation pertaining to your communication equipment coverage included in your receipt, invoice, or other documentation from your Service Provider is incorporated by reference in this Evidence of Coverage and specifically includes the name and address of the Insured Subscriber nd information to determine the effective date of coverage (See Section I.E).

   • WHAT WE INSURE
     1. We insure your Covered Property (as defined in Section IX. DEFINITIONS), for Loss as long as it remains eligible for coverage. In the event of a Loss, our obligation under this Evidence of Coverage is to repair or replace, at our sole option, your Covered Property. This insurance is primary over any other insurance you may have.
   • COVERAGE PLAN
     1. We cover your Covered Property for the following cause(s) of loss.
        1. Physical damage.
        2. Mechanical or Electrical Failure.
   • PROPERTY NOT COVERED.
     The following are not covered:
     1. Any property or equipment that is not Covered Property.
     2. Contraband or property in the course of illegal transportation or trade.
     3. Any antenna or wiring attached to, protruding from, or on the exterior of any vehicle or watercraft.
     4. Property in transit to you from a manufacturer or seller that is not the Authorized Service Facility.
     5. Data, Nonstandard External Media, and Nonstandard Software.
     6. Covered Accessories will only be covered when they are part of a Loss to Covered Property other than Covered Accessories.
     7. Color face plates or other Non-Covered Accessories
     8. Any wireless device whose unique identification number (IMEI or ESN, etc.) has been altered, defaced or removed.
     9. Any property you lease, rent or hold for others.
   • PAYMENT OF PREMIUMS.
     You will be charged the premium corresponding to the equipment category of your Covered Property associated with your enrolled Wireless Number as shown in the schedule below.

      

     Equipment Category	One-year Plan, One-time Premium Per Enrolled Wireless Number	Two-year Plan, One-time Premium Per Enrolled Wireless Number
     Premium	$52.98	$76.00
     Smart	$33.12	$48.89
     Standard	$14.34	$18.26

      

   • WHEN COVERAGE IS EFFECTIVE.
     All coverage is effective at 12:01 A.M. on the effective date of coverage as stated herein.
     1. If you submit your request for enrollment for insurance coverage at Initial Activation: Your coverage under this Evidence of Coverage begins upon our approval. Upon our approval, coverage is retroactive to the date of the submission of your request for enrollment. We or our Authorized Representative will notify you within seven (7) days if your request is not approved.
     2. If you submit your request for enrollment for insurance coverage after Initial Activation: Your coverage under this Evidence of Coverage will begin upon our approval and completion of the Waiting Period on the 31st day following the submission of your request for enrollment. We or our Authorized Representative will notify you prior to completion of the Waiting Period if your request is not approved.
     3. If you submit your request for enrollment for insurance coverage after the time of Initial Activation: The successful completion of a test call to the Covered Property may be required prior to coverage becoming effective.

     Eligibility for enrollment after Initial Activation may be subject to limitation.

2. EXCLUSIONS.
   Losses and causes of loss excluded below are excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. We will not pay for any losses, or for any losses directly or indirectly caused by or resulting from any of the events, conditions or causes of loss identified below:
   • Indirect or consequential Loss, including loss of use; interruption of business, loss of market, loss of service, loss of profit, inconvenience or delay in repairing or replacing lost or damaged Covered Property.
   • Loss, damage, or injury to you or to any other person or organization even if caused by you.
   • Loss due to the intentional parting with Covered Property by you or anyone entrusted with the Covered Property.
   • Loss due to intentional, dishonest, fraudulent or criminal acts by you or your family members; any of your authorized representatives or anyone you entrust with the property and any of their family members; or anyone else with an interest in the property for any purpose, acting alone or in collusion with others.
   • Loss due to obsolescence, including technological obsolescence or depreciation in the value of the Covered Property.
   • Loss caused by or resulting from expansion or contraction of, or any cosmetic damage to Covered Property, however caused. Such excluded types of loss include, but are not limited to, scratches, marring, cracks, and changes or enhancement in color, texture, or finish that occur to Covered Property that do not affect the mechanical or electrical function of the Covered Property.
   • Loss caused by or resulting from faulty repair, adjusting, installation, servicing or maintenance, unless fire or explosion ensues and then only for loss to the Covered Property resulting from ensuing fire or explosion.
   • Loss caused by or resulting from unauthorized repair or replacement.
   • Loss caused by or resulting from the discharge, dispersal, seepage, migration, release or escape of Pollutants.
   • Loss caused by abuse of the Covered Property or resulting from use of the Covered Property in a manner for which it was not designed or intended by the manufacturer, or any act that voids the manufacturer's warranty.
   • Loss caused by or resulting from failure to follow the manufacturer's installation, operation or maintenance instructions.
   • Loss caused by or resulting from error or omission in design, programming, or system configuration of the Covered Property, or manufacturer's recall.
   • Loss due to Mechanical or Electrical Failure occurring during the term of the manufacturer's warranty.
   • Loss or damage to or of batteries (unless otherwise covered as a Covered Accessory when part of a Loss to other Covered Property). RI-CIM-CEP-EOC-CA Page 3 of 8 Re-order #: 24-010002-00 3/13
   • Loss or damage to or of antennas, external housings, or casings that does not affect the mechanical or electrical function of the Covered Property.
   • Loss caused by or resulting from any Computer Virus.
   • Loss or damage caused by or through or in consequence of Nuclear Hazard, meaning any weapon employing atomic fission or fusion; or nuclear reaction or radiation or radioactive contamination from any other cause. But we will pay for Loss caused by resulting fire, if the fire would be covered under this Evidence of Coverage.
   • Loss caused by or resulting from war, including undeclared or civil war; warlike action by a military force, including action hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellions, revolution, usurped power of action taken by government authority in hindering or defending against any of these.
   • Loss caused by or resulting from Governmental action, meaning seizure or destruction of property by order of governmental authority including economic and trade sanction as provided under applicable law and U.S. Treasury Department guidelines.
   • Loss or damage to or of Data, Nonstandard External Media, and Nonstandard Software.
   • Loss caused by or resulting from preventive maintenance or preferential adjustments.
   • Loss caused by or resulting from failure to do what is reasonably necessary to minimize the loss and to protect the Covered Property from any further loss.
   • Loss caused by or resulting from insects, rodents, or other vermin.
3. LIMITS OF LIABILITY.
   • PER OCCURRENCE LIMITS.
     The most we will spend, in any one occurrence, to replace or repair Covered Property due to a Loss is $1,500.00. For any one Loss, we will not pay for replacement equipment having retail value of, or for repair costs that are, more than the limit, less the applicable deductible set forth in Section IV.
   • AGGREGATE LIMITS.
     A maximum of two (2) replacements or repairs of Covered Property will be allowed per Wireless Number in any one twelve (12) month period.
   In any case, the twelve month period is calculated based on the Date of Replacement for each covered Loss.
4. DEDUCTIBLE.
   A non-refundable deductible, as set forth in the schedule below, is payable at the time a replacement or repair is approved by us for each replacement or repair based on the equipment category of the equipment being replaced or repaired.
   The applicable deductibles are set forth in the deductible schedule below.

    

   Deductibles and Charges Applicable to Each Replacement or Repair
   	Premium Equipment Category	Smart Equipment Category	Standard Equipment Category
   First Occurrence Deductible	$150	$125	$50
   Second and Subsequent Occurrence Deductible	$200	$150	$80

    

   NOTE: An additional non-returned equipment charge may apply (See Section VI.F) for causes other than loss or theft if you fail to return the Covered Property as directed at the time of Loss.
5. CONDITIONS IN THE EVENT OF LOSS.
   Subject to the terms and conditions set forth in this Evidence of Coverage, we will make good any Loss covered under this Evidence of Coverage.
   • In the event of a Loss, we will arrange for the replacement, or at our sole option, the repair, of the Covered Property through the Authorized Service Facility.
   • An Insured Subscriber will not be entitled to receive cash, though we may elect to provide a cash settlement of the cost to replace the Covered Property, in lieu of actual replacement or repair of the Covered Property.
   • At our option, we may repair the Covered Property with substitute parts or provide substitute equipment that:
     1. Is of like kind and quality;
     2. Is either new or refurbished, and may contain original or non-original manufacturer parts; and
     3. May be a different brand, model or color.
   • Replacement equipment will be approved equipment for use on the network of the Service Provider and in the same equipment category as the Covered Property at the time of Loss.
   • Equipment failure evaluation performed by the Service Provider and/or our Authorized Representative and/or the manufacturer may be required at our option prior to approval of your request for repair or replacement of the Covered Property.
6. DUTIES IN THE EVENT OF A LOSS.
   • If a claim involves a violation of law or any loss of possession, you agree to promptly notify the law enforcement agency with jurisdiction and obtain confirmation of this notification.
   • You must report the Loss promptly to our Authorized Representative not later than sixty (60) days from the Date of Loss. If you do not report the Loss within sixty (60) days, you will have forfeited your claim. You must submit all claims through our Authorized Representative for our approval prior to repair or the delivery of replacement equipment. Any claims that are not submitted through our Authorized Representative for our approval will not be honored and fulfilled.
   • You will do what is reasonably necessary to minimize the Loss and to protect the Covered Property from any further Loss.
   • You may be required to provide us with a detailed written proof of Loss statement, a police report case number, and/or a copy of the police report within sixty (60) days of the date the Loss is reported and prior to repair or receipt of replacement equipment. In the event of a oss, you may be required to provide a copy of
     the original bill of sale. You may also be required to present, or provide a photocopy of, a government issued
     photo I.D.
   • You must keep the Covered Property until your claim is completed. If we replace the Covered Property, we may require you to return it to us at our expense. If we so direct, you must return the Covered Property to us in the return mailer we provide within ten (10) days or pay the non-returned equipment charge applicable to the model of Covered Property that suffered the Loss. YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE COVERED PROPERTY AS DIRECTED.
   • In the event of a Loss, you must permit us to inspect the property and records proving the Loss. You must cooperate in the investigation of such claim. If requested, you must permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed and may be recorded.
   • You must provide our Authorized Representative with all of the necessary information required to approve your claim for replacement or repair of the Covered Property within sixty (60) days of the date that you report your Loss to us. Your failure to take delivery of repaired or replacement equipment within sixty (60) days of our claim approval will result in forfeiture of the repaired or replacement equipment and your claim under this Evidence of Coverage.
   • In the event of a Loss, you must satisfy the nonrefundable deductible applicable to the Loss.
   • In the event we arrange for the repair of your Covered Property, you may be required to mail or deliver your Covered Property for repair as directed by us.
7. ELIGIBILITY AND CANCELLATION.
   • Cancellation or Non-renewal Provisions.
     1. You may cancel coverage under this Evidence of Coverage by mailing or delivering to us advance written notice stating when such cancellation is effective. You may send your written notice to our Authorized Representative as follows: Digital Leash, LLC d/b/a ProtectCELL, 39500 High Pointe Blvd., Suite 250, Novi, MI 48375
     2. We may cancel or non-renew this Evidence of Coverage by having a written notice of cancellation or non-renewal mailed or delivered to you, and by delivering notice to the Named Insured in the policy at least:
        • Ten (10) days before the effective date if we cancel for nonpayment of premium; or notice is required by applicable law, the appropriate timely notice will be given.
        • Forty-five (45) days before the effective date if we cancel or non-renew for any other reason. Except, where longer notice is required by applicable law, the appropriate timely notice will be given.
        NOTE: Continued eligibility for this insurance ceases and coverage will automatically terminate upon our 2nd replacement or repair of Covered Property during any one twelve (12) month period beginning with the Date of Replacement for the first replacement or repair. We will forward a notice of ineligibility to you, by mail, email or fax at the time of the 2nd replacement or repair. You will remain ineligible for a period of twelve (12) months beginning on the Date of Replacement for the 2nd replacement or repair. (See Section III.B).
     3. Notice to you will be mailed or delivered to your last address known to us or as otherwise authorized by you.
     4. Notice of cancellation or non-renewal will state its effective date, and all insurance under this Evidence of Coverage will end on that date.
     5. If coverage under this Evidence of Coverage is cancelled, you will be refunded any unearned premium due in accordance with applicable law.
     6. If cancellation or non-renewal notice is mailed, proof of mailing will be sufficient proof of notice.
   • To be and remain eligible for coverage:
     1. The Covered Property must be designated by us and eligible for coverage under this Evidence of Coverage. Eligibility may be limited to new equipment that has not been previously activated for service.
     2. You must not have engaged in fraud or abuse with respect to this or a similar communications equipment insurance program.
     3. You must not be in breach of any material term of this Evidence of Coverage, including, but not limited to: Failure to return damaged Covered Property when requested in conjunction with a Loss; or, failure to satisfy the required deductible on a Loss.
   • You are responsible for the payment of all premiums, per the terms of this Evidence of Coverage.
   • The insurance provided under this Evidence of Coverage is provided on a month-to-month term basis unless: you or your Covered Property cease to be eligible for coverage.
8. ADDITIONAL CONDITIONS.
   • All claims for Loss under this Evidence of Coverage will be made good within thirty (30) days after presentation and acceptance of satisfactory proof of interest and Loss to our Authorized Representative and satisfaction by you of your Duties in the Event of a Loss.
   • If we and you disagree on the value of the Covered Property or the amount or satisfaction of Loss, either may elect arbitration pursuant to Section VIII.G. below.
   • Any recovery or salvage on a Loss will accrue entirely to our benefit until the expense incurred by us has been made up. Upon our request, you will return to us any damaged equipment. All Covered Property which we replace is the property of Response Indemnity Company of California and may be disabled, destroyed, or reused. We will not provide replacement equipment if you are in breach of the terms of this Evidence of Coverage due to: failure to return damaged Covered Property when requested in conjunction with a prior Loss; or, due to your failure to satisfy the non-returned equipment charge or deductible on a prior Loss.
   • You may not assign this Evidence of Coverage without our written consent.
   • If any Insured Subscriber to or for whom we honor a claim under this Evidence of Coverage has rights to recover damages from another, those rights are transferred to us. That Insured Subscriber must do everything necessary to secure our rights and must do nothing after a Loss to impair them; but you may waive your rights against another party in writing:
     1. Prior to a Loss.
        • After a Loss, only if, at time of Loss, that party is one of the following:
        • Someone covered under this Evidence of Coverage;
     2. A business firm;
        • Owned or controlled by the Insured Subscriber; or
        • That owns or controls the Insured Subscriber; or
        • The Insured Subscriber's tenant. This will not restrict the Insured Subscriber's coverage.
   • Concealment, Misrepresentation or Fraud
     This coverage is void in any case of fraud, intentional concealment or misrepresentation of a material fact, at any time, concerning:
     1. This coverage;
     2. The Covered Property;
     3. Your interest in the Covered Property; or
     4. A claim under this Evidence of Coverage.
   • ARBITRATION AGREEMENT. Please read this Arbitration Agreement provision of this Evidence of Coverage (Arbitration Agreement) carefully. It affects your rights. Most of your concerns about this
     Evidence of Coverage can be addressed simply by contacting our Authorized Representative at 877.775.3274. In the unlikely event we cannot resolve any disputes, including any claims under this Evidence of Coverage, that you or we may have, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE: (1) TO WAIVE OUR RIGHTS TO A TRIAL BY JURY, AND (2) NOT TO PARTICIPATE IN ANY CLASS ARBITRATIONS AND CLASS ACTIONS. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. It has more limited discovery than in court and is subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award.
     
     For the purpose of this Arbitration Agreement, references to "we" and "us" include our Authorized Representative, Response Indemnity Company of California, Service Provider and their respective parents, subsidiaries, affiliates, agents, employees, successors and assigns. This Evidence of Coverage evidences a transaction in interstate commerce; accordingly, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive the termination of this Evidence of Coverage.
     
     This Arbitration Agreement is intended to be interpreted broadly, and it includes any dispute: (1) arising out of or relating in any way to this contract or program or to the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or therwise; (2) that arose either before this Arbitration Agreement or Evidence of Coverage was entered into by you and us or that arises after this Arbitration Agreement or Evidence of Coverage is terminated; and (3) that currently is the subject of a purported class action litigation in which you are not a member of a certified class. Notwithstanding the foregoing, this Arbitration Agreement does not preclude you from bringing an individual action in small claims court or from informing any federal, state or local agencies or entities of your dispute. Such agencies or entities may be able to seek relief on your behalf.
     
     If you or we intend to seek arbitration you and we must first send to the other a written Notice of Claim ("Notice") by certified mail. Your Notice to us should be addressed to: ProtectCELL, 39500 High Pointe Blvd., Suite 250, Novi, MI 48375. The Notice must describe the dispute and state the specific relief sought. If you and we do not resolve the dispute within 30 days of receipt of the Notice, you or we may initiate an arbitration proceeding with the American Arbitration Association ("AAA"). You can obtain the forms necessary to initiate an arbitration proceeding by visiting http://www.adr.org/or by calling 877.495.4185. After we receive notice that you have commenced arbitration, we will reimburse you for payment of any filing fee to the AAA. If you are unable to pay a required filing fee, we will pay it if you send a written request by certified mail to: ProtectCELL, 39500 High Pointe Blvd., Suite 250, Novi, MI 48375. The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "Arbitration Rules") in effect at the time the arbitration is initiated and as modified by this Arbitration Agreement. You can obtain a copy of the Arbitration Rules by visiting http://www.adr.org/or by calling 800.778.7879.
     
     The arbitrator appointed by the AAA to decide the dispute is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including the scope of this Arbitration Agreement, with the exception that issues relating to the enforceability of this Arbitration Agreement may be decided by a court. Unless you and we agree otherwise, any arbitration proceeding will take place in the county or parish of your billing address. If your dispute is for $10,000 or less, you may choose to conduct the arbitration proceeding either by submitting documents to the arbitrator or by appearing before the arbitrator in person or by telephone. If your dispute is for more than $10,000, the right to arbitration proceeding will be determined by the Arbitration Rules. We will pay all filing, administration and arbitrator fees for any arbitration initiated pursuant to this Arbitration Agreement, unless your dispute is found by the arbitrator to have been frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b). In that case, the payment of such fees shall be governed by the Arbitration Rules.
     
     At the conclusion of the arbitration proceeding, the arbitrator shall issue a written decision which includes an explanation of the facts and law upon which the decision is based. If the arbitrator finds in your favor and issues a damages award that is greater than the value of the last settlement offer made by us or if we made no settlement offer and the arbitrator awards you any damages, we will: (1) pay you the amount of the damages award or $7,500, whichever is greater; and (2) pay your attorney, if any, twice the amount of the attorney's fees and the actual amount of any expenses reasonably incurred when pursuing your dispute in arbitration. You and we agree not to disclose any settlement offers to the arbitrator until after the arbitrator has issued the written decision. The arbitrator may resolve any disputes regarding attorney's fees and expenses either during the arbitration proceedings or, upon request, within 14 days of the arbitrator's written decision. While the right to the attorney's fees and expenses discussed above is in addition to any right you may have under applicable law, neither you nor your attorney may recover duplicate awards of attorney's fees and expenses. Although we may have the right under applicable law to recover attorney's fees and expenses from you if we prevail in the arbitration, we hereby waive the right to do so.
     
     To the extent either declaratory or injunctive relief is sought in the arbitration, such relief can be awarded only to the extent necessary to provide the relief warranted by a party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise, the arbitrator may not consolidate the dispute of another person with your or our dispute and may not preside over any form of a representative or class proceeding. If this specific provision of this Arbitration Agreement is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.
   • No one may bring legal action, including arbitration, against us under this Evidence of Coverage unless:
     1. There has been full compliance with all terms of this Evidence of Coverage; and
     2. The action is brought within two (2) years or any longer period as stated in the policy or any endorsement thereto after you first have knowledge of the Loss or other events that are the basis of the action.
   • The coverage territory is the United States and its territories but the cost of replacement or repair will be valued in U.S. currency at the time of replacement or repair. We will ship approved replacement equipment or repaired equipment directly to you within the United States and its territories or require you to pick it up at an Authorized Service Facility.
   • If you have a Loss to Covered Property that is part of a pair or set, we will only cover a reasonable and fair proportion of the total value of the pair or set.
   • We may make available to you other limited benefits or services related to your Covered Property where available. These may include: property location or recovery services; data management or recovery services; equipment service and maintenance; technical support; reduced cost upgrade or purchase benefits or other services provided through your Service Provider or any Authorized Service Facilities.
   • We agree that any terms of this Evidence of Coverage not in conformity with applicable law are conformed to comply with such law. If any portion of this Evidence of Coverage is deemed invalid or unenforceable, it shall not invalidate the remaining portion of this Evidence of Coverage.
   • This Evidence of Coverage contains the entire agreement between you and us concerning the insurance afforded. This Evidence of Coverage's terms can be amended or waived only by issuance of a new Evidence of Coverage, or endorsement issued by us and made a part of this Evidence of Coverage.
   • We retain the right to revise this Evidence of Coverage at any time and adjust the coverage terms, including the premium and the deductible. In the event of any material change in the coverage terms, you will be provided advance written notice of such changes. You may cancel coverage at any time without penalty, but if you continue to pay premiums after a change in coverage terms, you will be bound by such change.
   • If we adopt any revisions to the policy which would broaden the coverage under this Evidence of Coverage without additional premium while this coverage is in effect, the broadened coverage will immediately apply to this Evidence of Coverage.
9. DEFINITIONS.
   • "Authorized Service Facility" means: The location or locations that serve as a replacement or repair facility for the program and supply replacements for or undertake repairs of Covered Property. Selection of the Authorized Service Facility will be at the sole discretion of us or our Authorized Representative.
   • "Computer Virus" means malicious software that damages, destroys, or otherwise interferes with the performance of any data, media, software, or system on or connected to the Covered Property.
   • "Evidence of Coverage" means: This Commercial Inland Marine Communications Equipment Insurance Evidence of Coverage.
   • "Covered Property" as used in this Evidence of Coverage means:
     1. Premium devices defined as advanced devices including new launch smart phones and devices that are referenced as tablets, netbooks, or other computing type device.
     2. Smart devices defined as Mobile phones or devices that require a data package from the wireless carrier.
     3. Standard or Feature mobile phones that do not require a data package from a wireless carrier, which includes air cards and MiFi Devices.
   • "Data" means information input to, stored on, or processed by the Covered Property. This includes documents, databases, messages, licenses, contact information, passwords, books, games, magazines, photos, videos, ringtones, music, and maps.
   • "Date of Loss" is the date on which a Loss to the Covered Property occurs.
   • "Date of Replacement" is the date on which replacement or repaired equipment is shipped to you, or the date on which you pick up the replacement or repaired equipment at an Authorized Service Facility, as a result of a covered Loss.
   • "Initial Activation" means: the time of initial activation of the Service Provider's service for the Covered Property.
   • "Insured Subscriber" or "Insured Subscribers" means: The account holder(s) of the Service Provider meeting the following conditions:
     1. Who have been enrolled in and accepted for coverage under this Evidence of Coverage.
     2. Who have a complete description of their Covered Property on file with us or our Authorized Representative.
     3. Who have paid all premiums payable with respect to their Covered Property before any claimed Date of Loss.
   • M. "Loss" and "Losses" means: a covered loss as provided in Section I.B. Coverage Plans.
   • N. "Mechanical or Electrical Failure" means: Failure of "Covered Property" to operate due to a faulty part or workmanship or normal wear and tear when operated according to the manufacturer's instructions.
   • "Non-Covered Accessories" as used in this Evidence of Coverage means: All accessories not included in the definition of Covered Accessories.
   • "Nonstandard External Media" means physical objects on which data can be stored but which are not integrated components of the Covered Property required for it to function. This includes data cards, memory cards, external hard drives, and flash drives. Nonstandard External Media does not include Standard External Media.
   • "Nonstandard Software" means software, other than Standard Software.
   • "Pollutants" means: Any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals, artificially produced electric fields, magnetic field, electromagnetic field, electromagnetic pulse, sound waves, microwaves, and all artificially produced ionizing or non-ionizing radiation and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
   • "Service Provider" means: your Wireless carrier
   • “Standard External Media" means physical objects on which data can be stored and that came standard in the original packaging with the Covered Property from the manufacturer but which are not integrated components of the Covered Property required for it to function.
   • "Standard Software" means the operating system pre-loaded on or included as standard with the Covered Property from the manufacturer.
   • "Waiting Period" means: the thirty (30) day period that begins on the day you submit your request for enrollment and ends at 12:01a.m. on the 31st day following the receipt of your completed request for coverage.
   • "Wireless Number" or "Wireless Numbers" means: The mobile telephone or data line(s) or number(s) assigned by the Service Provider to you.

   NOTE:

   1. THIS EVIDENCE OF COVERAGE MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY YOUR PERSONAL AUTO INSURANCE POLICY, HOMEOWNER'S INSURANCE POLICY, OR OTHER SOURCE OF COVERAGE.
   2. ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON.

   Any questions regarding the coverage provided under this Evidence of Coverage should be directed to our Authorized Representative as follows:

   ProtectCELL
   39500 High Pointe Blvd., Suite 250
   Novi, MI 48375
   877.775.3274

 

ProtectCELL DEVICE Plan Terms and Conditions - Washington Plan Sales

Important Note: This is only intended to provide a brief description of your policy and the coverage provided. Please refer to the actual Policy, Declarations Page, Schedule and any Endorsements for full details concerning the coverage you have purchased. You will receive your full policy package by mail within 30 business days of your acceptance of coverage and payment of the premium. Under ProtectCELL DEVICE, your coverage includes Accidental/Physical Damage and Standard Coverage.

Lyndon Southern Insurance Company

A Stock Insurance Company
Administrative Office: 10151 Deerwood Park Blvd., Bldg. 100, Ste. 500, Jacksonville, FL 32256 (800) 888-2738

MOBILE ELECTRONICS PROTECTION POLICY

TABLE OF CONTENTS

This Policy, Declarations Page, Policy Schedule Page, and Endorsements constitute a complete Policy.

INTRODUCTION

This is a Policy between you and us. Your rights and duties under this Policy may not be assigned without our written consent. PLEASE READ YOUR POLICY CAREFULLY.

DEFINITIONS

Abuse means:

1. improper usage or careless treatment of scheduled covered property by you;
2. intentional or reckless damage or destruction of property by you;
3. operation of the scheduled covered property outside the permitted or intended uses described by the manufacturer’s instructions.

Accidental physical damage means an unexpected and unintentional external event that results in physical damage to your property. The damage shall not be foreseeable and shall be beyond the control of you or the individual entrusted with care, custody and control of the scheduled covered property.

Actual cash value (ACV) means the cost of replacing damaged or destroyed scheduled covered property with comparable new property, minus depreciation and obsolescence.

Burglary means the forcible entry or exit of the premises, which are not open, and illegally taking away scheduled covered property from you. Visible signs of forced entry must be present in order for loss to be covered.

Computer Virus means any unauthorized intrusive codes or programming that are entered by any means into covered electronic data processing equipment, ruggedized computer, personal digital assistant (PDA), personal digital assistant (PDA) with phone, digital audio player, peripheral, media, software, programs, systems or records and interrupt the operations of scheduled covered property.

Cosmetic damage or restoration means damages or changes to the physical appearance of the scheduled covered property that do not impede or hinder the normal operational function of the scheduled covered property such as scratches, abrasions, change in color, texture or finish.

Electronic data processing equipment means electronic computers and peripheral equipment used in conjunction with such computers and included in the purchase of the covered electronic data processing. Electronic data processing equipment does not mean any of the following:

1. Equipment used to provide building utility service, other than communications or data processing; or
2. Equipment used to manufacture products other than data; or
3. Equipment used to provide a service other than data processing or communications.

Flood means surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not.

Intentional damage means any loss arising out of any act, or willful neglect by you to commit or conspire to commit with the intent to cause a loss, including imposition of any abnormal conditions to your scheduled covered property.

Loss means the direct physical damage and/or theft of scheduled covered property as listed on the Policy Schedule Page.

Mechanical and electrical breakdown means the failure of a covered part due to faulty workmanship or faulty materials supplied by the original manufacturer or distributor when operated according to the manufacturer’s instructions.

Media means the material on which data is recorded, such as magnetic tapes, hard disks, optical disks or floppy disks.

Mysterious disappearance means the disappearance of property without the knowledge as to place, time or manner of its loss.

Named insured refers to the named insured shown on the Declarations page of this Policy.

Neglect means your disregard to use all reasonable means to save and preserve your property.

Occurrence means any one loss or series of losses arising out of one event for any one scheduled item.

Peripheral means any device:

1. Purchased with the electronic data processing equipment as part of a bundled price and packaged with the electronic data processing equipment, or purchased on the same date as the electronic data processing equipment and used in conjunction with the electronic data processing equipment; and
2. Dependent on the electronic data processing equipment for operation.

Personal Digital assistant (PDA), or personal digital assistant with phone (PDA Phone), means any electronic handheld information device with or without phone. This includes the factory installed battery, ac adapter and factory faceplate.

Preexisting condition means failures, defects, damages or loss, that you should have reasonably known to be present prior to the effective date of the Policy.

Robbery means the taking of your scheduled covered property by using violence, threats or intimidation.

Ruggedized computer means any laptop or tablet electronic data processing equipment specifically designed to reliably operate in harsh usage environments and conditions, such as strong vibration, extreme temperatures and wet or dusty conditions.

Scheduled covered property means any new electronic data processing equipment, ruggedized computer, personal digital assistant (PDA), personal digital assistant (PDA) with phone, digital audio player, or peripheral, that you own and as scheduled on the Policy Schedule Page. The scheduled covered property must be of a make and model that are eligible for coverage under this Policy.

Software refers to the operating system pre-loaded at the time of purchase on the scheduled covered property.

Theft means the unlawful taking or removing of property without your consent and with the intent to deprive you.

Wear and tear means the reduction in value to scheduled covered property stemming from routine use and exposure.

We, us, and our means Lyndon Southern Insurance Company.

You and your means the named insured shown on the Declarations Page.

 

COVERAGES

In return for the payment of the premium shown on the Declarations Page, we will pay for loss or damage to the scheduled covered property described on the Policy Schedule Page caused by or resulting from a Covered Cause of Loss. The Covered Causes of Loss will be indicated on the Policy Schedule Page.

Covered Cause of Loss Options:

1. Accidental Physical Damage Coverage:
   If Accidental Physical Damage is indicated on the Policy Schedule Page, We will provide coverage to your scheduled covered property against accidental
   physical damage.

2. Theft Coverage:
   If Theft Coverage is indicated on the Policy Schedule Page, We will provide coverage to your scheduled covered property against direct physical loss or damage caused by theft, burglary and/or robbery.
3. Standard Coverage:
   If Standard Coverage is indicated on the Policy Schedule Page, We will provide coverage to your scheduled covered property against direct physical loss or damage caused by: fire, lightning, internal explosion, windstorm or hail, explosion, riot or civil commotion, aircraft, vehicles, smoke, volcanic eruption, vandalism or malicious mischief, falling objects, weight of ice, snow or sleet, accidental discharge of water or steam, sudden cracking of a steam or hot water heating system, freezing, power surge, or flood.

EXCLUSIONS

We will not pay for loss or damage caused by or resulting from the following, even though any other cause or event contributes concurrently or in any sequence to the loss, unless expressly covered on the Policy Schedule Page:

1. Depreciation, depletion, deterioration, obsolescence, corrosion, erosion, wear and tear, faulty materials or design errors.
2. Neglect including not following the original equipment manufacturer’s guidelines for operations and use.
3. Cosmetic damage or restoration.
4. Any increase in loss caused by or resulting from enforcement of any ordinance, law, regulation, rule or ruling regulating or restricting repair, replacement,
5. alteration, use, operation, construction or installation.

    

6. Any earth movement, including but not limited to earthquake, subsidence, sinkhole collapse, landslide, mudslide, earth sinking, or tsunami.
7. Nuclear Hazard, reaction or radiation, or radioactive contamination, however caused.
8. War, including undeclared or civil war, and war like action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these.
9. Computer Virus
10. A delay in or interruption of any business manufacturing or academic activity.
11. Any intentional dishonest, fraudulent or criminal acts by you, your family members, partners, employees, your officers, trustees, directors or anyone else with an interest in the scheduled covered property, their employees or authorized representatives or anyone entrusted with the scheduled covered property, whether or not acting in collusion with other person(s). This does not apply to a carrier for hire.
12. Programming errors including the inability of a program to function properly beyond a naturally occurring calendar date.
13. Loss to accounts, bills, checks, valuable papers, records, abstracts, deeds or manuscripts.
14. Loss or damage to scheduled covered property while it is being serviced or repaired by a non- authorized facility, a non-licensed repairer, or a non- authorized or non-licensed on-site facility.
15. Mysterious disappearance.
16. Loss or damage caused by mechanical and/or electrical breakdown, faulty construction, preexisting conditions, error or omission in design.
17. Loss due to damage caused by the physical environment such as dust, condensation or evaporation, dampness, dryness, cold or heat including rust or corrosion caused by any of these factors. This includes but is not limited to continuous or repeated exposure to the same general harmful conditions in addition to vermin and insects.
18. Loss or damage caused by:
    1. The failure, malfunction or inadequacy of the following due to the inability to correctly recognize process, distinguish, interpret or accept one or more dates or times:
       • electronic data processing equipment; or
       • data; or
       • software and/or media; or
       • PDA or PDA phone.
    2. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you, or for you by an licensed-authorized repair technician to determine, rectify or test for, any potential or actual problems described in item 1. above.
    3. Any loss of data resulting from problems described in item 1. above.

    If an excluded cause of loss as described in Item 1.,2., and 3., results in a Covered Cause of loss, we will pay only for the loss or damage caused by such Covered Cause of loss. We will not pay for repair, replacement or modification of any items in item 1. to correct any deficiencies or change any features.

19. Additional cost(s) of on-site service to your location, such as travel charges.
20. Costs which are recoverable under any product or manufacturer’s warranty or extended warranty.
21. Loss that occurs outside the Policy Territory unless an approved International Coverage endorsement is
    attached, and additional premium has been paid.
22. Programming, data reconstruction, data recovery, program installation and/or reconfiguration, except as defined in the Policy Provisions.
23. Loss to schedule covered property permanently contained on or permanently installed in rolling stock, watercraft, aircraft, spacecraft or motor vehicles licensed for highway use.
24. Loss to PDA’s or PDA phones’ data, personal information managers, ring tones, contact lists, video, screen savers, stylus, external keyboard, headphones, or other PDA accessories.
25. Loss or damage to external housings or casings that do not effect the mechanical or electrical function of the scheduled covered property.
26. Loss to digital audio players’ data, video or audio files.
27. Any other direct or indirect result of a loss to scheduled covered property not listed.

CONDITIONS

Policy Period/ Policy Territory

Under this Policy, the loss must occur:

1. During the Policy Period shown on the Declarations Page; and
2. Within the Policy Territory.

The Policy Territory is:

1. The United States of America, the District of Columbia, (including its territories and possessions);
2. Puerto Rico; and
3. Canada.

Limit of Insurance
The limit of your insurance under this Policy, from loss or expense arising from any one occurrence, is the amount
shown on the Policy Schedule Page.

Deductible
The deductible applies on a per scheduled item and
occurrence basis. We will first subtract the deductible amount shown on the Declarations Page from the amount we would otherwise pay under this Policy. We will then pay the amount in excess of the deductible, up to the applicable limit of insurance per scheduled item, never to exceed the total Limit of Insurance stated on the Declarations Page.

Your Duties In the Event of Loss or Damage
You must do the following in the event of loss or damage:

1. Our agent must be contacted prior to any repair or replacement of covered property. We reserve the right to specify or approve the licensed-authorized repair or replacement facility;
2. Give us notice within sixty (60) days of the loss or damage, including but not limited to:
   • A detailed description of the scheduled covered property including but not limited to make, model,
     serial number;
   • A detailed description of the events including how, when, and where the loss or damage occurred; and
   • A detailed description of the loss incurred including any visible damage or operational issues.
3. Provide proof of ownership for the scheduled covered property including bill of sale, invoice, cancelled check, or credit card receipt;
4. Allow us a reasonable time and opportunity to examine the property before repairs are undertaken or physical evidence of the loss is removed. But, you must take whatever measures are necessary for protection from further damage;
5. Permit us to inspect the property and records;
6. If requested, permit us to question you under oath, at such times as may be reasonably required about any matter relating to this Policy or your claim including your books and records. In such event, your answers to our questions must be signed;
7. Send us a signed, sworn proof of loss containing the information we request to settle the claim. You must do this within 60 days after our request;
8. Cooperate with us in the investigation and settlement of the claim; and
9. If applicable, submit a copy of the policy or fire report detailing the loss incurred.
10. If applicable, provide the manufacturer’s software recovery discs that were provided with your computer.

If all the terms of these conditions (as detailed above) are not complied with, no claim under this Policy shall be payable.

Reducing Your Loss
You must reduce the loss, if possible, by using all reasonable means to protect scheduled covered property that has been damaged.

Payment of Loss
Payment of loss will be made:

1. after the amount of covered loss is determined under this Policy, and
2. within 30 days after:
   • We reach agreement with you;
   • entry of a final judgment; or
   • the ruling of an appraisal award.

Settlement Options
Equipment: Our payment for damaged electronic data processing equipment, personal digital assistants, personal digital assistants with phone, digital audio players or peripherals will be the lesser of the following:

1. The amount of insurance on the Policy Schedule Page for that unit; or
2. The cost at the time of the loss to repair or replace the damaged property with property of the same or like kind and quality; or
3. Scheduled items 3 years of age or older may be valuated by using ACV as determined by us.

We will not pay for any extra cost if you decide to repair or replace the damaged property with property of a better kind or quality or of a larger capacity at your own discretion.

We further reserve the right to consult the manufacturer or other sources to determine replacement value or that of like kind and quality on the current market at the time of the loss. Factory authorized or refurbished parts or replacements may be used in the course of repair or replacement by an authorized facility.

Software and /or media: We will pay:

1. For the replacement of the original operating system installed on the equipment at the time of purchase; we will not pay to reproduce Software programs.
2. For the media materials, you must provide proof of ownership for a scheduled covered property loss that has occurred. We will not pay for any data reconstruction or retrieval of information.

Abandonment
There can be no abandonment of any property to us.

Salvage and Recoveries
If we pay on the insured property and you and/or we recover the property, We will retain all salvage rights to the recovered property until we have been fully reimbursed for our payment.

Subrogation
If we make any payment under this Policy and you have a right to recover damages from another, we shall be subrogated to that right. However, our right to recover is subordinate to that person or organization’s right to be fully compensated for loss.

Waiver or Change of Policy Provisions
This Policy contains all the agreements between you and us concerning the insurance afforded. This Policy’s terms can be amended or waived only by endorsement issued by us and made a part of this Policy.

Premiums
The named insured shown on the Declarations Page:

1. Is responsible for the payment of all premiums; and
2. Will be the payee for any return premiums we pay.

Transfer or Assignment of Your Rights and Duties under this Policy
Your interests, rights and duties under this Policy may not be transferred or assigned without our prior written consent except in the case of your death.

If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your covered property will have your rights and duties, but only with respect to your scheduled covered property.

 

Other Insurance
You may have other insurance that covers the property scheduled under this Policy. If you do, this Policy provides primary insurance. This means that we will pay before the other insurance pays unless specifically excluded herein.

Action Against Us
No action shall apply against us unless:

1. There has been full compliance with all the terms of this Policy; and
2. The action is brought within two years from the date when you discover the loss.

Cancellation
You may cancel this Policy by mailing or delivering to us advance written notice of cancellation.

We may cancel this Policy by mailing or delivering to the named insured written notice of cancellation at least:

1. 15 days before the effective date of cancellation if we cancel for nonpayment of premium; or
2. 30 days before the effective date of cancellation if we cancel for any other reason.

We will mail or deliver our notice to the named insured’s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The Policy period will end on that date.

If this Policy is canceled, we will send you any premium refund due. If we cancel, the refund will be pro rata. If you cancel, any unearned premium will be refunded to you computed in accordance with the customary short-rate procedure. The cancellation will be effective even if we have not made or offered a refund.

If notice is mailed, proof of mailing will be sufficient proof of notice.

Coverage will not be provided to you under this Policy if, whether before or after a loss, you have:

1. Intentionally concealed or misrepresented any material fact or circumstance; or
2. Engaged in fraudulent conduct; or
3. Made false statements.

Nonrenewal
We may elect not to continue this Policy. We may do so by mailing to you written notice at least thirty (30) days before the effective date of non-renewal on this Policy. Proof of mailing will be sufficient proof of notice.

Concealment, Misrepresentation or Fraud
We will not pay for any loss if you at any time intentionally conceal or misrepresent a material fact concerning:

1. This Policy;
2. The scheduled covered property, including the value of such property reported to us;
3. Your interest in the scheduled covered property; or
4. A claim under this Policy.

If any material fact is concealed or misrepresented, we reserve the right to:

1. deny claim based on facts presented; or
2. re-rate risk associated with material facts; or
3. collect any premiums due on re-rate of risk and new exposure calculated from the date of purchase.

Benefits from Policy
No person or organization, other than you, having custody of the property will benefit from this insurance.

Physical Environment
You agree to take due care to maintain a physical environment, such as levels of temperature, humidity, and dust, in keeping with the recommendations of the manufacturer for the insured property.

Bankruptcy
The bankruptcy or insolvency of you or your estate will not relieve us of any obligation under this Policy.

Liberalization
If we adopt any revision that would broaden the coverage under this Policy without additional premium within 45 daysprior to or during the Policy period, the broadened coverage will immediately apply to this Policy.

Loss Payable

1. We will pay you and the loss payee, if any shown on the Declarations Page for loss covered by this Policy, as interests may appear. The Policy covers the interest of you and the loss payee, unless the loss results from conversion, secretion or embezzlement on your part.
2. We may cancel the Policy as allowed by the Cancellation Condition. Cancellation ends this agreement as to the loss payee's interest. If we cancel, we will mail you and the loss payee the same advance notice.
3. If we make any payment to the loss payee, we will obtain their rights against any other party.

Calculation of Premium
The premium shown on the Declarations Page was computed based on rates in effect at the time the Policy was issued. On each renewal, continuation, or anniversary of the effective date of this Policy, we will compute the premium in accordance with our rates and rules then in effect.

Conformity to Statute
This Policy is amended to comply with the statutes of the jurisdiction:

1. where it is issued; and
2. on the effective date.

In Witness thereof, we have caused your Policy to be signed by our President and Secretary and countersigned, if required, by our duly authorized representative.

 

MOBILE ELECTRONICS PROTECTION

MANDATORY ENDORSEMENT WASHINGTON

THIS ENDORSEMENT AMENDS THE POLICY. PLEASE READ IT CAREFULLY.

Under EXCLUSIONS, paragraph 1 is hereby deleted and replaced as follows:

We will not cover a Loss caused directly or indirectly by any of the following excluded causes of loss, or if the excluded event initiates the sequence of events that result in a Loss, unless expressly covered on the Policy Schedule Page:

Under CONDITIONS, Salvage and Recoveries, is amended to include the following:

You will be made whole before we are entitled to any proceeds.

Under CONDITIONS, Cancellation, paragraph 2 is hereby deleted and replaced with the following:

We may cancel this Policy by mailing or delivering written notice to you, loss payee or other persons shown by the policy to have an insurable interest. We will mail to you at least forty-five (45) days notice and give you the reason for cancellation. When the cancellation is due to non-payment of premium we will provide ten (10) days notice.

Under CONDITIONS, Cancellation, paragraph 6 is hereby deleted and replaced with the following:

 

We will not provide coverage if an you or someone on your behalf has:

• before a loss, willfully; or
• after a loss, willfully and with intent to defraud

concealed or misrepresented any material fact or circumstance relating to this insurance.

 

Under CONDITIONS, Nonrenewal,the provisions is hereby deleted and replaced with the following:

Nonrenewal
We may elect not to continue this Policy. We may do so by mailing to you written notice stating the effective date and reason for nonrenewal, at least forty-five (45) days before the effective date of non-renewal on this Policy. Proof of mailing will be sufficient proof of notice.

Under CONDITIONS, Concealment, Misrepresentation or Fraud, paragraph 1 is hereby deleted and replaced with the following:

We will not provide coverage if an you or someone on your behalf has:

• before a loss, willfully; or
• after a loss, willfully and with intent to defraud

concealed or misrepresented any material fact or circumstance relating to this insurance .

If any material fact is willfully and intentionally concealed or misrepresented by you, or someone on your behalf, we reserve the right to:

1. deny claim based on facts presented; or
2. re-rate risk associated with material facts; or
3. collect any premiums due on re-rate of risk and new exposure calculated from the date of purchase.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN THE SAME.

ARBITRATION PROVISION

READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING
YOUR RIGHT TO A JURY TRIAL AND TO OBTAIN REDRESS THROUGH COURTS.

As used in this Arbitration Provision, "You" and "Your" mean the policy holder or policy holders, insureds, or additional insureds, and all of his/her heirs, survivors, assigns and representatives. "We" and "Us" mean Lyndon Southern Insurance Company.

Any and all claims, disputes, or controversies of any nature whatsoever (whether in contract, tort or otherwise), including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with (1) this Policy or Certificate or any prior Policy or Certificate issued by Us to You, (2) Any credit, loan or purchase transaction in connection with which this Policy or Certificate or any prior Policy or Certificate was issued by Us to You, or (3) the validity, scope, interpretation, or enforceability of this Provision or of the entire Policy or Certificate (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator after you have been unsuccessful in obtaining a waiver of fees and costs from the AAA. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive federal and state law and applicable statutes of limitations and shall provide written, reasoned findings of fact and conclusions of law. This Arbitration Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Arbitration Provision. For the purpose of this Arbitration Provision, Lyndon Southern Insurance Company shall be deemed to include all of its affiliates, successors and assigns, including but not limited to Lyndon Southern Insurance Company , their respective principals, partners, officers and directors and all of the dealers, licensees, agents, and employees of any of the foregoing entities. This Arbitration Provision shall inure to the benefit of and be binding on You and each of the aforementioned persons and entities. This Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Policy or Certificate.

No Class Actions/No Joinder of Parties: You agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. You also agree that You will not join with others to bring Claims in the same arbitration proceeding unless all such persons are named on Your Policy or Certificate.

YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION PROVISION NEITHER YOU NOR WE WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

MOBILE ELECTRONICS PROTECTION

ADVANCED EXCHANGE ENDORSEMENT

In return for an additional premium, the Policy is amended as follows:

ADDITIONAL COVERAGES

PDA OR PDA PHONE COVERAGE ONLY:
The Advanced Exchange Endorsement allows you to receive a replacement PDA device before you send your damaged original device to a designated Repair Center. This endorsement covers only PDAs or PDA phones that are scheduled covered property that incur a loss or damage due to a covered cause of loss as indicated on the Policy Schedule page.

We ship a like, kind and quality device using express service including overnight shipping service when and where available. Devices of like kind and quality include factory authorized refurbished devices.

Your Duties in the Event of Theft, Loss or Damage:

1. Our agent must be contacted prior to any replacement or repair of scheduled covered property. We reserve the right to specify or approve the licensed authorized repair facility;
2. You must give us notice within 60 days of the loss or damage, including but not limited to:
   • A detailed description of the scheduled covered property including but not limited to make, model, serial number; and
   • A detailed description of the events including how, when and where the loss or damage occurred; and
   • In the event of a theft, the police report must be received by us before we will ship the replacement unit; and
   • A detailed description of the loss or damage incurred including any visible damage or operational issues.
3. Provide proof of ownership for the scheduled covered property including bill of sale, invoice, cancelled check, or credit card receipt.

If your claim is due to damage, when you receive the replacement device:

1. Shipping instructions will be provided in the box from the replacement facility.
2. Backup all data from your damaged original device.
3. Remove the batteries, stylus, subscriber identification module (SIM card) and any additional hardware (like a memory upgrade), and place the device inside the shipping box with your name, address and Service Repair Order #. Any items sent other than the PDA or PDA phone, will not be returned.
4. You will be responsible for actual cost of replacement unit if damaged original unit is not returned in ten (10) business days to the designated repair center. This charge will be billed to your credit card account that we require at the time of the claim for damage. You can avoid this charge by returning the damaged unit promptly.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

Privacy Policy

You have a relationship with one or more of the following Fortegra Financial Corporation affiliates: Bankers Life of Louisiana, Insurance Company of the South, Life of the South Insurance Company, Lyndon Southern Insurance Company, Response Indemnity Company of California, and Southern Financial Life Insurance Company. The trust of our customers is our most valuable asset. In the course of providing products and services to you we will obtain information about you. Your trust in providing this information is safeguarded by keeping nonpublic personal information about our customers in a secure environment and using that information in accordance with this Privacy Policy.

This Privacy Policy generally describes our policy about obtaining and disclosing nonpublic information about you, examples of nonpublic information we collect and the companies with which we may share this information. These examples are for illustrative purposes only and are not intended to be considered a complete description of all information we collect, maintain, or use in our sharing practices. You may have other privacy protection under some State laws. We will comply with the applicable State and Federal laws regarding nonpublic information about you.

Information we may collect.

Customer Information. Customer information includes identifying information such as your name, address, telephone number, employer, social security number, income, age, and demographic data about you. It also includes information about your transactions with us such as claims history, premiums, and insurance coverage.
Financial Information. Financial information is information covered by the Fair Credit Reporting Act and information such as your credit history, credit card usage, income, assets, and loan records. It also includes information from consumer reporting agencies, public records, and data collection agencies.
Health Information. Health information includes medical history provided by doctors, hospitals or other health care providers, other insurance companies, and you. Health information will be collected, as authorized by you, or otherwise permitted by law, as we deem appropriate to determine eligibility for coverage, to process claims, and to prevent fraud.

What we do with the information we obtain.

The nonpublic information we may collect as described above may be disclosed, where permitted by law, in order to offer you product and services. Examples of disclosures permitted by law would include disclosures to organizations who provide claims administration, underwriting, audits, investigation or policyholder services. We may use affiliated and nonaffiliated parties to perform these services. Services also include protecting against fraud and companies who maintain software for us. We may also disclose information in response to requests from law enforcement authorities or State insurance authorities.

Independent Sales Agents and Agents in General.

Sales agents who represent us are independent, and your independent sales agent may gather and retain customer information, financial information, and/or health information about you. The use and protection of this information by your independent sales agent is your independent sales agent's responsibility, not the responsibility of Fortegra Financial Corporation or its affiliated companies If you have questions about how your independent sales agent may use or disclose this information, please contact your independent sales agent.

Information regarding Former Customers.

We do not disclose nonpublic personal information about former customers except in accordance with this Privacy Policy.

Changes to our Privacy Policy
We reserve the right to modify, change or supplement this Privacy Policy at any time. If we make material changes to this policy, we will provide our customers with a revised notice that describes our new practices.