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Cricket Protect
Program
Terms and Conditions
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Detailed terms CONTINENTAL CASUALTY COMPANY


Chicago, Illinois
and conditions. Commercial Inland Marine
Communications Equipment
Cricket Protect Plus Insurance 3–25 Coverage Certificate
Some provisions in this Coverage Certificate (“Certificate”) restrict
Cricket Protect Service Warranty 26–40 coverage. Read this entire Certificate carefully. It sets forth each
party’s rights and duties and what is and is not covered.
In this Certificate, the words “you” and “your” refer to the “Insured
Subscribers.” The words “we”, “us” and “our” refer to Continental
Casualty Company, a CNA Company (“CNA”), the Illinois stock
insurance company providing this insurance.
In this Certificate, the words “Authorized Representative” and
“Asurion” refer to Asurion Protection Services, LLC except
as follows: In California, “Asurion” does business as Asurion
Protection Services Insurance Agency, LLC. (CA license #:
OD63161). In Puerto Rico, “Asurion” refers to Asurion Protection
Services of Puerto Rico, Inc.
Other capitalized words and phrases have special meaning. Refer
to Section IX. DEFINITIONS.
A copy of the policy under which this Certificate is issued is
available for your inspection.

I. COVERAGE.

CRICKET PROTECT Subject to all of the terms, conditions, exclusions, and


limits of insurance contained in this Certificate, we agree
INSURANCE to provide the insurance as stated in this Certificate 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, the coverage
specified in this Certificate begins at 12:01 a.m. of the
date of such request. The information pertaining to your
communication equipment coverage included in your
receipt, invoice, or other documentation from your Service
Provider is incorporated by reference in this Certificate and
specifically includes the name and address of the Insured
Subscriber and information to determine the effective date
of coverage (See Section I.E).
A. WHAT WE INSURE.
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
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
Copyright © 2004 – 2020 Asurion, LLC and CNA. All Rights Reserved.
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Certificate is to repair or replace, at our sole option, your regardless of any other cause or event that contributes
Covered Property. This insurance is primary over any other concurrently or in any sequence to the loss. We will not pay
insurance you may have. for any losses, or for any losses directly or indirectly caused
B. COVERAGE PLAN. by or resulting from any of the events, conditions or causes
We cover your Covered Property for the following cause(s) of loss identified below:
of loss. A. Indirect or consequential loss, including loss of use;
1. Physical damage. interruption of business, loss of market, loss of service,
loss of profit, inconvenience or delay in repairing or
2. Theft, or loss by mysterious disappearance or other
replacing lost or damaged Covered Property.
unintentional permanent loss of possession.
B. Loss due to the intentional parting with Covered Property
C. PROPERTY NOT COVERED.
by you or anyone entrusted with the Covered Property.
The following are not covered:
C. Loss due to intentional, dishonest, fraudulent or criminal
1. Any property or equipment that is not Covered Property.
acts by you or your family members; any of your
2. Contraband or property in the course of illegal authorized representatives or anyone you entrust with the
transportation or trade.
property and any of their family members; or anyone else
3. Property in transit to you from a manufacturer or seller with an interest in the property for any purpose, acting
that is not the Authorized Service Facility. alone or in collusion with others.
4. Data, Nonstandard External Media, and Nonstandard
D. Loss due to obsolescence, including technological
Software.
obsolescence or depreciation in the value of the
5. Covered Accessories will only be covered when they Covered Property.
are part of a Loss to Covered Property other than
Covered Accessories. E. Loss caused by or resulting from any cosmetic damage
to Covered Property, however caused, that does not affect
6. Any wireless device whose unique identification number
the function of the Covered Property. Such excluded types
(IMEI or ESN, etc.) has been altered, defaced or removed.
of loss include, but are not limited to, scratches, marring,
D. PAYMENT OF PREMIUMS. cracks, and changes or enhancement in color, texture, or
You will be charged the monthly premium corresponding finish that occur to Covered Property that do not affect the
to the equipment category of your Covered Property function of the Covered Property.
associated with your enrolled Wireless Number as shown F. Loss caused by or resulting from faulty repair, adjusting,
in the schedule below. installation, servicing or maintenance, unless fire or
Monthly Premium Per Enrolled explosion ensues and then only for loss to the Covered
Equipment Category
Wireless Number Property resulting from ensuing fire or explosion.
Cricket Protect Insurance premium G. Loss caused by or resulting from unauthorized repair
All eligible equipment
is included in the Cricket Protect or replacement.
categories
monthly charge
H. Loss caused by or resulting from the discharge, dispersal,
seepage, migration, release or escape of Pollutants.
E. WHEN COVERAGE IS EFFECTIVE.
All coverage is effective at 12:01 a.m. on the effective date I. Loss caused by abuse of the Covered Property or
of coverage as stated herein. resulting from use of the Covered Property in a manner
for which it was not designed or intended by the
Your coverage under this Certificate begins upon our
manufacturer, or any act that voids the manufacturer’s
approval. Upon our approval, coverage is retroactive to the
warranty.
date of the submission of your request for enrollment. We
or our Authorized Representative will notify you within thirty J. Loss caused by or resulting from failure to follow the
(30) days if your request is not approved. manufacturer’s installation, operation or maintenance
Eligibility for enrollment after Initial Activation may be instructions.
subject to limitation. K. Loss caused by or resulting from error or omission in design,
programming, or system configuration of the Covered
II. EXCLUSIONS. Property, or manufacturer’s recall.
Losses and causes of loss excluded below are excluded L. Loss due to Mechanical or Electrical Failure.
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
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M. Loss or damage to or of batteries (unless otherwise covered IV. DEDUCTIBLE.


as a Covered Accessory when part of a Loss to other A nonrefundable deductible, as set forth in the schedule below,
Covered Property). is payable at the time a replacement or repair is approved by
N. Loss caused by or resulting from any Malware. us for each replacement or repair based on the equipment
O. Loss caused by or resulting from nuclear reaction or category of the equipment being replaced or repaired.
radiation, or radioactive contamination, however caused. Deductibles Applicable to Each Replacement and Repair
However, if nuclear reaction or radiation, or radioactive
contamination, results in fire, we will pay for the resulting Equipment
Loss caused by such fire. Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
P. Loss caused by or resulting from war, including undeclared Replacement
or civil war; warlike action by a military force, including $10 $40 $75 $130 $250
Deductibles
action hindering or defending against an actual or expected
Cracked
attack, by any government, sovereign or other authority Screen Repair N/A N/A N/A $29 $29
using military personnel or other agents; or insurrection, Deductibles
rebellions, revolution, or usurped power of action taken
by government authority in hindering or defending against NOTE: An additional non-returned equipment charge may apply
any of these. (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.
Q. Loss caused by or resulting from governmental action,
meaning seizure or destruction of property by order of V. CONDITIONS IN THE EVENT OF LOSS.
governmental authority including economic and trade
sanction as provided under applicable law and U.S. Treasury Subject to the terms and conditions set forth in this Certificate,
Department guidelines. we will make good any Loss covered under this Certificate.
R. Loss or damage to or of Data, Nonstandard External Media, A. In the event of a Loss, we will arrange for the replacement,
and Nonstandard Software. or at our sole option, the repair, of the Covered Property
through the Authorized Service Facility.
S. Loss caused by or resulting from failure to do what is
reasonably necessary to minimize the loss and to protect the B. An Insured Subscriber will not be entitled to receive cash,
Covered Property from any further loss. though we may elect to provide a cash settlement of the cost
to replace the Covered Property, in lieu of actual replacement
III. LIMITS OF LIABILITY. or repair of the Covered Property.
A. PER OCCURRENCE LIMITS. C. At our option, we may repair the Covered Property with
The most we will spend, in any one occurrence, to replace substitute parts or provide substitute equipment that:
or repair Covered Property due to a Loss is $2,500. For any 1. Is of like kind and quality;
one Loss, we will not pay for replacement equipment having 2. Is either new or refurbished, and may contain original or
retail value of, or for repair costs that are, more than the non-original manufacturer parts; and
limit, less the applicable deductible set forth in Section IV. 3. May be a different brand, model or color.
B. AGGREGATE LIMITS. D. Replacement equipment will be approved equipment for use on
A maximum of three (3) replacements or repairs of Covered the network of the Service Provider and in the same equipment
Property will be allowed per Wireless Number in any one category as the Covered Property at the time of Loss.
twelve (12) month period, including Losses incurred under E. Equipment failure evaluation performed by the Service Provider
this Certificate or any prior consecutive certificate issued and/or our Authorized Representative and/or the manufacturer
by us. Losses incurred under this Certificate will be applied may be required at our option prior to approval of your request
against the aggregate limit under this Certificate and will for repair or replacement of the Covered Property.
also be carried forward and applied against the applicable
aggregate limit under any other certificate issued by us for VI. DUTIES IN THE EVENT OF A LOSS.
twelve (12) months following the Date of Loss. A. In the event that your Covered Property is lost or stolen, you
In any case, the twelve (12) month period is calculated must notify your Service Provider as soon as possible to
based on the Date of Loss for each covered Loss. suspend service.
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
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B. If a claim involves a violation of law or any loss of equipment within sixty (60) days of our claim approval
possession, you agree to promptly notify the law will result in forfeiture of the repaired or replacement
enforcement agency with jurisdiction and obtain equipment and your claim under this Certificate.
confirmation of this notification. I. In the event of a Loss, you must satisfy the nonrefundable
C. You must report the Loss promptly to our Authorized deductible, plus any applicable taxes.
Representative not later than sixty (60) days from the J. In the event we arrange for the repair of your Covered
Date of Loss. If you do not report the Loss within sixty (60) Property, you may be required to mail or deliver your
days, you will have forfeited your claim. You must submit Covered Property for repair as directed by us.
all claims through our Authorized Representative for our
approval prior to repair or the delivery of replacement VII. ELIGIBILITY AND CANCELLATION.
equipment. Any claims that are not submitted through A. Cancellation Provisions.
our Authorized Representative for our approval will not
1. You may cancel coverage under this Certificate by
be honored and fulfilled.
mailing or delivering to us advance written notice stating
D. You will do what is reasonably necessary to minimize when such cancellation is effective. You may send
the Loss and to protect the Covered Property from any your written notice to our Authorized Representative as
further Loss. follows: Asurion Customer Care Center, P.O. Box 411605,
E. You may be required to provide us with a detailed written Kansas City, MO 64141-1605.
proof of Loss statement, a police report case number, and/ 2. The Service Provider may cancel coverage under
or a copy of the police report within sixty (60) days of the this Certificate by mailing or delivering to us advance
date the Loss is reported and prior to repair or receipt of written notice stating when such cancellation is
replacement equipment. In the event of a Loss, you may effective. We, or the Service Provider on our behalf,
be required to provide a copy of the original bill of sale. You will mail or deliver written notice to you advising you
may also be required to present, or provide a photocopy of, of the cancellation of this Certificate. The written
a government-issued photo ID. notice may be mailed or delivered to you at least
F. If the cause of Loss is not loss or theft, you must keep thirty (30) days prior to the cancellation, or other
the Covered Property until your claim is completed. If the longer period as required by law.
cause of Loss is loss or theft and the Covered Property 3. We may cancel this Certificate or change the terms and
is later recovered, you must notify our Authorized conditions only upon providing you with at least thirty
Representative, even if your claim has already been (30) days’ notice, or other longer period as required by
completed. If we replace the Covered Property, we may law, unless we cancel for the following reasons:
require you to return it to us at our expense. If we so a. We will cancel your coverage under this Certificate
direct, you must return the Covered Property to us in the upon fifteen (15) days’ notice, or other longer period
return mailer we provide within sixty (60) days or pay as required by law, for discovery of fraud or material
the non-returned equipment charge applicable to the misrepresentation in obtaining coverage or in the
model of Covered Property that suffered the Loss. YOU presentation of a claim thereunder.
CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE b. We will cancel your coverage under this Certificate
COVERED PROPERTY AS DIRECTED. immediately, or by providing additional notification
G. In the event of a Loss, you must permit us to inspect the time as required by law, for nonpayment of
property and records proving the Loss. You must cooperate premium.
in the investigation of such claim. If requested, you must c. We will cancel your coverage under this Certificate
permit us to question you under oath at such times as may immediately, or by providing additional notification
be reasonably required about any matter relating to this time as required by law, if you exhaust the
insurance or your claim, including your books and records. aggregate limit of liability, if any, under the
Your answers must be signed and may be recorded. terms of this Certificate and we send notice of
H. You must provide our Authorized Representative with all of cancellation to you within thirty (30) calendar
the necessary information required to approve your claim days after exhaustion of the limit. However, if
for replacement or repair of the Covered Property within notice is not timely sent, enrollment shall continue
sixty (60) days of the date that you report your Loss to us. notwithstanding the aggregate limit of liability until
Your failure to take delivery of repaired or replacement we send notice of cancellation to you.
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
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d. We will cancel your coverage under this Certificate D. You are responsible for the payment of all premiums, per the
immediately, without notice, if you cease to have terms of this Certificate.
active service with the Service Provider. E. The insurance provided under this Certificate is provided on
NOTE: If you are cancelled under Section VII.A.3.(c) you a month-to-month term basis unless: you cease to be a valid,
will remain ineligible for a period of twelve (12) months active and current subscriber of your Service Provider; or you
from the date of cancellation. or your Covered Property ceases to be eligible for coverage.
B. How Notice of Cancellation is Provided.
1. Notices made pursuant to Sections A.2 or 3 shall be in VIII. ADDITIONAL CONDITIONS.
writing and include the actual reason for cancellation A. All claims for Loss under this Certificate will be made good
and the effective date of cancellation. The coverage will within thirty (30) days after presentation and acceptance
end on that date. of satisfactory proof of interest and Loss to our Authorized
2. Notices may be mailed or delivered to the Service Representative and satisfaction by you of your Duties in the
Provider at its last known mailing address. Notices may Event of a Loss.
be mailed or delivered to you at your last known mailing B. If we and you disagree on the value of the Covered Property
or electronic address on file with us. or the amount or satisfaction of Loss, either may elect
3. We or the Service Provider shall maintain proof of mailing arbitration pursuant to Section VIII.G. below.
in a form authorized or accepted by the United States C. Any recovery or salvage on a Loss will accrue entirely to
Postal Service or other commercial mail delivery service. our benefit until the expense incurred by us has been made
We or the Service Provider may comply with Sections up. Upon our request, you will return to us any damaged
A.2 or 3 by providing such notice or correspondence by equipment. All Covered Property which we replace is the
electronic means. If accomplished through electronic property of CNA and may be disabled, destroyed, or reused.
means, we or the Service Provider shall maintain proof We will not provide replacement equipment if you are in
that the notice or correspondence was sent. breach of the terms of this Certificate due to: failure to return
4. If coverage under this Certificate is cancelled, you will be damaged Covered Property when requested in conjunction
refunded any unearned premium due on a pro rata basis. with a prior Loss; or, due to your failure to satisfy the non-
C. To Be and Remain Eligible for Coverage: returned equipment charge or deductible on a prior Loss.
1. You must have activated communications service D. You may not assign this Certificate without our written
directly with your Service Provider and be a valid, active consent.
and current subscriber of your Service Provider to be E. If any Insured Subscriber to or for whom we honor a claim
covered under the policy. Covered Property must be under this Certificate has rights to recover damages from
actively registered on the Service Provider’s network on another, those rights are transferred to us. That Insured
the Date of Loss and have logged airtime prior to the Subscriber must do everything necessary to secure our
Date of Loss. rights and must do nothing after a Loss to impair them; but
2. The Covered Property must be designated by us and you may waive your rights against another party in writing:
eligible for coverage under this Certificate. Eligibility 1. Prior to a Loss.
may be limited to new equipment that has not been
2. After a Loss, only if, at time of Loss, that party is one of
previously activated for service.
the following:
3. You must not have engaged in fraud or abuse with a. Someone covered under this Certificate;
respect to this or a similar communications equipment
b. A business firm that:
insurance program.
i. Is owned or controlled by the Insured Subscriber;
4. You must not have exhausted the benefits available
or
under a CNA coverage certificate issued through your
ii. Owns or controls the Insured Subscriber; or
Service Provider by exhausting the Aggregate Limit. (See
Section III.B). iii. Is the Insured Subscriber’s tenant.
This will not restrict the Insured Subscriber’s coverage.
5. You must not be in breach of any material term of
this Certificate, including, but not limited to: Failure to F. Concealment, Misrepresentation or Fraud.
return damaged Covered Property when requested in Your coverage will be cancelled and any claim may be
conjunction with a Loss; or, failure to satisfy the required denied in the event of fraud, intentional concealment or
deductible on a Loss. misrepresentation of a material fact, at any time, concerning:
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
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1. This coverage; first send to the other a written Notice of Claim (“Notice”)
2. The Covered Property; by certified mail. Your Notice to us should be addressed
3. Your interest in the Covered Property; or to: Legal Department, P.O. Box 110656, Nashville, TN
4. A claim under this Certificate. 37211. The Notice must describe the dispute and state
the specific relief sought. If you and we do not resolve
G. ARBITRATION AGREEMENT. Please read this the dispute within thirty (30) days of receipt of the Notice,
Arbitration Agreement provision of this Certificate
you or we may initiate an arbitration proceeding with the
(Arbitration Agreement) carefully. It affects your
American Arbitration Association (“AAA”). You can obtain
rights. Most of your concerns about this Certificate
the forms necessary to initiate an arbitration proceeding by
can be addressed simply by contacting our Authorized
visiting www.adr.org or by calling 1-800-778-7879. After
Representative at 1-855-309-8342. In the unlikely event we
we receive notice that you have commenced arbitration,
cannot resolve any disputes, including any claims under this
we will reimburse you for payment of any filing fee to
Certificate, that you or we may have, YOU AND WE AGREE
the AAA. If you are unable to pay a required filing fee, we
TO RESOLVE THOSE DISPUTES THROUGH BINDING
will pay it if you send a written request by certified mail
ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF
to: Legal Department, P.O. Box 110656, Nashville, TN
THROUGH COURTS OF GENERAL JURISDICTION. YOU
37211. The arbitration shall be administered by the AAA in
AND WE AGREE THAT ANY ARBITRATION WILL TAKE
PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE accordance with the Commercial Arbitration Rules and the
AGREE: (1) TO WAIVE OUR RIGHTS TO A TRIAL BY Supplementary Procedures for Consumer Related Disputes
JURY, AND (2) NOT TO PARTICIPATE IN ANY CLASS (the “Arbitration Rules”) in effect at the time the arbitration
ARBITRATIONS AND CLASS ACTIONS. Arbitration is more is initiated and as modified by this Arbitration Agreement.
informal than a lawsuit in court. Arbitration uses a neutral You can obtain a copy of the Arbitration Rules by visiting
arbitrator instead of a judge or jury. It has more limited www.adr.org or by calling 1-800-778-7879.
discovery than in court and is subject to limited review by The arbitrator appointed by the AAA to decide the dispute is
courts. Arbitrators can award the same damages and relief bound by the terms of this Arbitration Agreement. All issues
that a court can award. are for the arbitrator to decide, including the scope of this
For the purpose of this Arbitration Agreement, references Arbitration Agreement, with the exception that issues relating
to “we” and “us” include our Authorized Representative, to the enforceability of this Arbitration Agreement may be
Continental Casualty Company, Service Provider and decided by a court. Unless you and we agree otherwise, any
their respective parents, subsidiaries, affiliates, agents, arbitration proceeding will take place in the county or parish
employees, successors and assigns. This Certificate of your billing address. If your dispute is for $10,000 or less,
evidences a transaction in interstate commerce; accordingly, you may choose to conduct the arbitration proceeding either
the Federal Arbitration Act governs the interpretation and by submitting documents to the arbitrator or by appearing
enforcement of this Arbitration Agreement. This Arbitration before the arbitrator in person or by telephone. If your
Agreement shall survive the termination of this Certificate. dispute is for more than $10,000, the right to arbitration
This Arbitration Agreement is intended to be interpreted proceeding will be determined by the Arbitration Rules. We
broadly, and it includes any dispute: (1) arising out of or will pay all filing, administration and arbitrator fees for any
relating in any way to this contract or program or to the arbitration initiated pursuant to this Arbitration Agreement,
relationship between you and us, whether based in contract, unless your dispute is found by the arbitrator to have been
tort, statute, fraud, misrepresentation or otherwise; (2) that frivolous or brought for an improper purpose under Federal
arose either before this Arbitration Agreement or Certificate Rule of Civil Procedure 11(b). In that case, the payment of
was entered into by you and us or that arises after this such fees shall be governed by the Arbitration Rules.
Arbitration Agreement or Certificate is terminated; and (3) At the conclusion of the arbitration proceeding, the arbitrator
that currently is the subject of a purported class action shall issue a written decision which includes an explanation
litigation in which you are not a member of a certified class. of the facts and law upon which the decision is based. If the
Notwithstanding the foregoing, this Arbitration Agreement arbitrator finds in your favor and issues a damages award
does not preclude you from bringing an individual action in that is greater than the value of the last settlement offer made
small claims court or from informing any federal, state or by us or if we made no settlement offer and the arbitrator
local agencies or entities of your dispute. Such agencies or awards you any damages, we will: (1) pay you the amount of
entities may be able to seek relief on your behalf. the damages award or $7,500, whichever is greater; and (2)
If you or we intend to seek arbitration, you and we must pay your attorney, if any, twice the amount of the attorney’s
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
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fees and the actual amount of any expenses reasonably and maintenance; technical support; reduced cost upgrade
incurred when pursuing your dispute in arbitration. You and or purchase benefits; or other services provided through
we agree not to disclose any settlement offers to the arbitrator your Service Provider or any Authorized Service Facilities.
until after the arbitrator has issued the written decision. The L. We agree that any terms of this Certificate not in conformity
arbitrator may resolve any disputes regarding attorney’s with applicable law are conformed to comply with such
fees and expenses either during the arbitration proceedings law. If any portion of this Certificate is deemed invalid or
or, upon request, within 14 days of the arbitrator’s written unenforceable, it shall not invalidate the remaining portion
decision. While the right to the attorney’s fees and expenses of this Certificate.
discussed above is in addition to any right you may have
under applicable law, neither you nor your attorney may M. This Certificate contains the entire agreement between you
recover duplicate awards of attorney’s fees and expenses. and us concerning the insurance afforded. This Certificate’s
Although we may have the right under applicable law to terms can be amended or waived only by issuance of a new
recover attorney’s fees and expenses from you if we prevail in Certificate, or by endorsement issued by us and made a part
the arbitration, we hereby waive the right to do so. of this Certificate.
To the extent either declaratory or injunctive relief is sought N. We retain the right to revise this Certificate at any time
in the arbitration, such relief can be awarded only to the and adjust the coverage terms, including the premium and
extent necessary to provide the relief warranted by a the deductible. In the event of any material change in the
party’s individual claim. YOU AND WE AGREE THAT EACH coverage terms, you will be provided advance written notice
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN of such changes. You may cancel coverage at any time
AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF without penalty, but if you continue to pay premiums after a
OR CLASS MEMBER IN ANY PURPORTED CLASS OR change in coverage terms, you will be bound by such change.
REPRESENTATIVE PROCEEDING. Unless you and we O. If we adopt any revisions to the policy which would broaden
agree otherwise, the arbitrator may not consolidate the the coverage under this Certificate without additional
dispute of another person with your or our dispute and premium while this coverage is in effect, the broadened
may not preside over any form of a representative or class coverage will immediately apply to this Certificate.
proceeding. If this specific provision of this Arbitration
P. It is important that you back up all Data and software files
Agreement is found to be unenforceable, then the entirety of
because this Certificate does not cover Loss or damage
this Arbitration Agreement shall be null and void.
to your Data or Nonstandard Software and repairs to your
H. No one may bring legal action, including arbitration, against Covered Property may result in the deletion of such Data or
us under this Certificate unless: software. IT IS YOUR SOLE RESPONSIBILITY TO BACK
1. There has been full compliance with all terms of this UP ALL SOFTWARE AND DATA ON COVERED PROPERTY
Certificate; and WITH HARD DRIVE(S) OR ANY OTHER STORAGE
2. The action is brought within two (2) years or any longer MECHANISM. WE SHALL NOT BE RESPONSIBLE AT ANY
period as stated in the policy or any endorsement thereto TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION
after you first have knowledge of the Loss or other OF ANY SOFTWARE, DATA, OR FILES.
events that are the basis of the action.
I. The coverage territory is worldwide, but the cost of IX. DEFINITIONS.
replacement or repair will be valued in U.S. currency at A. “Authorized Service Facility” means: The location or
the time of replacement or repair. We will ship approved locations that serve as a replacement or repair facility for the
replacement equipment or repaired equipment directly to program and supply replacements for or undertake repairs
you within the United States and its territories or require you of Covered Property. Selection of the Authorized Service
to pick it up at an Authorized Service Facility. Facility will be at the sole discretion of us or our Authorized
J. If you have a Loss to Covered Property that is part of a pair Representative.
or set, we will only cover a reasonable and fair proportion of B. “Coverage Certificate”, “Certificate”, or “Certificates” means:
the total value of the pair or set. This Commercial Inland Marine Communications Equipment
K. We may make available to you other limited benefits or Coverage Certificate.
services related to your Covered Property where available. C. “Covered Accessories” as used in this Certificate means: If
These may include: property location or recovery services; part of the Covered Loss; one standard battery, one standard
data management or recovery services; equipment service wall charger, and (if applicable) one standard SIM card.
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D. “Covered Property” as used in this Certificate means: The or normal wear and tear when operated according to the
eligible wireless communications device owned by you and manufacturer’s instructions.
actively registered on the Service Provider’s network at the M. “Non-Covered Accessories” as used in this Certificate
time you initially purchased this coverage and for which means: All accessories not included in the definition of
airtime has been logged after enrollment. The International Covered Accessories.
Manufacturer’s Equipment Identification (IMEI), Electronic
N. “Nonstandard External Media” means: Physical objects
Serial Number (ESN), Unique Device Identifier (UDiD) or
on which data can be stored but which are not integrated
other unique identification number of the wireless device
components of the Covered Property required for it to
associated with your account in the records of the Service
function. This includes data cards, memory cards, external
Provider at the time your coverage initially becomes
hard drives, and flash drives. Nonstandard External Media
effective and for which airtime has been logged indicates
does not include Standard External Media.
the wireless device to be considered Covered Property,
unless you have logged airtime on a different wireless O. “Nonstandard Software” means: Software, other than
device immediately prior to the time of Loss, then such Standard Software.
wireless device shall be considered Covered Property so P. “Pollutants” means: Any solid, liquid, gaseous, or thermal
long as such wireless device is owned by you and you irritant or contaminant including smoke, vapor, soot, fumes,
provide us proof of ownership. acid, alkalis, chemicals, artificially produced electric fields,
E. “Data” means: Information input to, stored on, or processed magnetic field, electromagnetic field, electromagnetic pulse,
by the Covered Property. This includes documents, sound waves, microwaves, and all artificially produced
databases, messages, licenses, contact information, ionizing or non-ionizing radiation and waste. Waste includes
passwords, books, games, magazines, photos, videos, materials to be recycled, reconditioned or reclaimed.
ringtones, music, and maps. Q. “Service Provider” means: Cricket Wireless, LLC or one of its
F. “Date of Loss” means: The date on which a Loss to the affiliates, successors or assigns.
Covered Property occurs. R. “Standard External Media” means: Physical objects on which
G. “Date of Replacement” means: The date on which data can be stored and that came standard in the original
replacement or repaired equipment is shipped to you, or packaging with the Covered Property from the manufacturer
the date on which you pick up the replacement or repaired but which are not integrated components of the Covered
equipment at an Authorized Service Facility, as a result of a Property required for it to function.
covered Loss. S. “Standard Software” means: The operating system pre-
H. “Initial Activation” means: The time of initial activation of the loaded on or included as standard with the Covered Property
Service Provider’s service for the Covered Property. from the manufacturer and other covered software listed in
the Software Schedule.
I. “Insured Subscriber” or “Insured Subscribers” means:
The account holder(s) of the Service Provider meeting the T. “Wireless Number” or “Wireless Numbers” means: The
following conditions: mobile telephone or data line(s) or number(s) assigned by
1. Who have been enrolled in and accepted for coverage the Service Provider to you.
under this Certificate.
X. STATE CHANGES.
2. Who have a complete description of their Covered
Property on file with us or our Authorized Representative. Terms and conditions vary for Certificates issued and Insured
Subscribers residing in select jurisdictions as set forth below.
3. Who have paid all premiums payable with respect to
their Covered Property before any claimed Date of Loss. A. STATE CHANGES – Section VIII.G. ARBITRATION
AGREEMENT is amended as follows:
J. “Loss” and “Losses” means: A covered loss as provided in
If you are a resident of Arkansas, District of Columbia,
Section I.B. Coverage Plans.
Kentucky, Louisiana, Maine, Oklahoma, Vermont,
K. “Malware” means: Malicious software that damages, Washington, West Virginia or Wyoming; or if the above
destroys, accesses your Data without your authorization or arbitration provisions are determined to be invalid
otherwise interferes with the performance of any data, media, or unenforceable with respect to you, the following
software, or system on or connected to the Covered Property. applies: Any award rendered in accordance with
L. “Mechanical or Electrical Failure” means: Failure of “Covered the arbitration provisions herein shall constitute a
Property” to operate due to a faulty part or workmanship nonbinding award on you, provided that within forty-five
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
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(45) days of the arbitrator’s award you file a legal proceeding nonpayment of premium by providing you with at least
in the appropriate federal, state or local court, based on fifteen (15) days’ notice of cancellation.
the same issue and facts as raised by you in the arbitration Georgia: Section VII.A.3. is amended to provide at least sixty
proceeding. Under no circumstances shall an issue be raised (60) days’ notice if we cancel this Certificate or change the
in a federal, state or local court until such time as both you terms and conditions unless we cancel for other reasons set
and we first address our disagreement in an arbitration forth in this Certificate.
proceeding and obtain an arbitration award pursuant to the
arbitration provision set forth above. Hawaii: Section VII.A.3. is amended to provide at least sixty
(60) days’ notice if we cancel this Certificate or change the
The Arbitration Agreement does not apply if you are a
terms and conditions unless we cancel for other reasons set
resident of Georgia, Missouri, Nevada or South Dakota.
forth in this Certificate.
B. STATE CHANGES - MISCELLANEOUS Idaho: Section VII.A.1. is amended to add the following: If you
Alaska: (i) A Loss may be caused by a chain of causes. If a cancel coverage or reject changes under this Certificate, you
covered Loss is the dominant cause of such a loss, we will will receive a pro rata refund within sixty (60) days from our
not deny coverage on the basis that a secondary cause in receipt of your notice.
that chain is not a covered Loss. (ii) The following is added
Illinois: Section VII.A.3. is amended to provide at least sixty
to Section VI.C.: If you do not report the Loss as required or
(60) days’ notice if we cancel this Certificate or change the
as soon as reasonably possible, your claim will be forfeited
terms and conditions unless we cancel for other reasons set
if our rights are prejudiced. (iii) The following is added to
forth in this Certificate.
Sections VI.G. and VIII.G.: You may elect to have an attorney
present during questioning. (iv) The following is added to Indiana: Section VIII.G. Arbitration Agreement is amended
Section VIII.B.: Alternatively, you or we may make a written to add the following: If you are a resident of Indiana, the
demand upon the other to submit the dispute for appraisal. resolution of any disputes pursuant to this Section VIII.G.
Within ten (10) days of the written demand, you and we shall be governed by the laws of the State of Indiana and
must notify the other of the competent appraiser each has relevant applicable federal law.
selected, and who will promptly choose a competent and Iowa: The second sentence in Section VII.A.3.(c) is
impartial umpire. Not later than fifteen (15) days after the amended as follows: However, if notice is not timely sent,
umpire has been chosen, unless the time period is extended enrollment shall continue notwithstanding the aggregate
by the umpire, each appraiser will separately state in writing limit of liability until thirty (30) days from the date notice of
their appraisal. If the appraisers agree, their agreement will cancellation is sent to you.
be binding upon you and us. If the appraisers fail to agree,
Kansas: (i) Section VII.A.3.(b) is amended as follows: We may
they will promptly submit their differences to the umpire. A
cancel your coverage under this Certificate for nonpayment
decision agreed to by one of the appraisers and the umpire
of premium by providing you with at least fifteen (15) days’
will be binding upon you and us. All appraisal expenses and
notice of cancellation. (ii) The first sentence of Section VIII.F.
fees, not including counsel or adjuster fees, shall be paid as
is amended as follows: Your coverage will be cancelled
determined by the umpire. Except as specifically provided,
and any claim may be denied in the event you knowingly
nothing in this section is intended to or shall limit or restrict
and with the intent to defraud, conceal or misrepresent any
the rights of you or us under AS § 21.96.035. (v) Section
material fact in a statement or written statement, at any
VIII.H.2. is amended as follows: The action is brought within
time, concerning:. (iii) NOTE “B” below is amended to include
three (3) years from the date the cause of action accrues.
a statement or written statement of claim or an application.
Arizona: Section VII.A.1. is amended to add the following: If (iv) The fourth sentence of Section VIII.G. is amended as
you cancel coverage under this Certificate, you will receive follows: In the unlikely event we cannot resolve any disputes,
a pro rata refund within sixty (60) days from our receipt of including any claims under this Certificate, that you or we
your notice. may have, YOU AND WE MAY VOLUNTARILY AGREE
Colorado: Section VII.A.3.(b) is amended as follows: We may AFTER THE DISPUTE ARISES TO RESOLVE THOSE
cancel your coverage under this Certificate for nonpayment DISPUTES THROUGH BINDING ARBITRATION OR SMALL
of premium by providing you with at least fifteen (15) days’ CLAIMS COURT INSTEAD OF THROUGH COURTS OF
notice of cancellation. GENERAL JURISDICTION.
Connecticut: Section VII.A.3.(b) is amended as follows: Kentucky: The last sentence of the first paragraph under
We may cancel your coverage under this Certificate for Section X.A. is deleted in its entirety.
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
20 21

Maryland: (i) Section VII.A.2.: “thirty (30) days” is amended the terms and conditions unless we cancel for other reasons
to “forty-five (45) days”. (ii) Section VII.A.3. is amended set forth in this Certificate. (ii) Section VII.A.3.(b) is amended
to provide at least sixty (60) days’ notice if we cancel this as follows: We may cancel your coverage under this
Certificate or change the terms and conditions unless Certificate for nonpayment of premium by providing you with
we cancel for other reasons set forth in this Certificate. at least fifteen (15) days’ notice of cancellation.
(iii) Section VII.A.3.(a): “fifteen (15) days” is amended to Nevada: Section VII.A.3.(a) “fifteen (15) days” is amended to
“forty-five (45) days”. (iv) Section VII.A.3.(b) is amended as “ten (10) days”.
follows: We may cancel your coverage under this Certificate
New York: (i) Section VII.A.3. is amended to provide at
for nonpayment of premium by providing you with at least
least sixty (60) days’ notice if we cancel this Certificate or
ten (10) days’ notice of cancellation. (v) Section VII.A.3.(c):
change the terms and conditions unless we cancel for other
“thirty (30) days” is amended to “fifteen (15) days”. (vi) The
reasons set forth in this Certificate. (ii) Section VII.A.3.(b) is
following is added to Section VII.A.3.: We may cancel this
amended as follows: We may cancel your coverage under
Certificate without notice if you obtain substantially similar
this Certificate for nonpayment of premium by providing
coverage from another insurer without any lapse of coverage.
you with at least fifteen (15) days’ notice of cancellation. (iii)
(vii) Section VIII.H.2. is amended as follows: “two (2) years” is
Section VII.A.3.(c): “thirty (30) days” is amended to “fifteen
amended to “three (3) years from the date it accrues.”
(15) days”. (iv) The following is added to Section VII.A.3.:
Massachusetts: In the fourth sentence of Section VIII.G., the We may cancel this Certificate without notice if you obtain
following language is deleted in its entirety: INSTEAD OF substantially similar coverage from another insurer without
THROUGH COURTS OF GENERAL JURISDICTION. any lapse of coverage.
Michigan: This Certificate is exempt from the filing North Dakota: (i) The first paragraph of Section VII.A.3.
requirements of section 2236 of the insurance code of 1956, is replaced by the following: we may change the terms
1956 PA 218, MCL 500.2236. and conditions of this Certificate only upon providing
Mississippi: Section VII.A.3.(b) is amended as follows: you with at least thirty (30) days’ notice, or other longer
We may cancel your coverage under this Certificate for period as required by law. (ii) Subsections 3(a)-(b) of
nonpayment of premium by providing you with at least Section VII.A. are deleted and replaced by the following:
fifteen (15) days’ notice of cancellation. (a) If this Certificate has been in effect for less than ninety
(90) days, we may cancel your coverage for any reason
Montana: (i) Section VII.A.3.(b) is amended as follows:
by mailing or delivering written notice to you at least ten
We may cancel your coverage under this Certificate for
(10) days before the effective date of cancellation or thirty
nonpayment of premium by providing you with at least ten
(30) days’ notice for fraud or misrepresentation. (b) If this
(10) days’ notice of cancellation. (ii) Section VIII.G. is deleted
Certificate has been in effect for ninety (90) days or more,
and replaced with the following: Most of your concerns
we may cancel for one or more of the following reasons:
about this Certificate can be addressed simply by contacting
1. Nonpayment of premiums with ten (10) days’ notice of
our Authorized Representative at 1-855-309-8342. In the cancellation; 2. Misrepresentation or fraud made by you or
unlikely event we cannot resolve any disputes, including with your knowledge in obtaining coverage or in pursuing
any claims under this Certificate, that you or we may have, a claim; 3. Your actions that have substantially increased
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS or changed the risk insured; 4. Your refusal to eliminate
AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY known conditions that increase the potential for loss after
AND NOT AS A CLASS REPRESENTATIVE OR CLASS notification; 5. Substantial change in the risk assumed
MEMBER IN ANY PURPORTED CLASS ACTION, CLASS unless reasonably foreseen; 6. Loss of reinsurance which
ARBITRATION OR OTHER SIMILAR PROCEEDING. (iii) provided us with coverage for a significant amount of
The following is added to Section VIII.L.: The provisions of the underlying risk insured; or 7. A determination by the
this Certificate conform to the minimum requirements of insurance commissioner that the continuation of the policy
Montana law and control, for Montana Insureds, over any is in violation of the law. For reasons 2.-7., we will provide
conflicting statutes of another state on or after the effective thirty (30) days’ notice of cancellation. (iii) The following
date of coverage. (iv) Section IX.B. is amended to provide paragraph is added to Section VIII. ADDITIONAL CONDITIONS:
that the selection of the Authorized Service Facility will be at Q. We will mail or deliver a notice of nonrenewal to you
the discretion of us or our Authorized Representative. at least sixty (60) days prior to the expiration of coverage.
Nebraska: (i) Section VII.A.3. is amended to provide at least The notice will state our reason for nonrenewal. We will
sixty (60) days’ notice if we cancel this Certificate or change mail or deliver our notice to your last known mailing or
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
22 23

electronic address. We will not mail or deliver notice if you reasons set forth in this Certificate. (ii) Section VII.A.3.(b) is
have obtained substantially similar coverage or accepted amended as follows: We may cancel your coverage under
replacement coverage from another insurer. this Certificate for nonpayment of premium by providing
Ohio: Section VII.A.3. is amended to provide at least sixty you with at least fifteen (15) days’ notice of cancellation. (iii)
(60) days’ notice if we cancel this Certificate or change the Section VII.A.3.(c): “thirty (30) days” is amended to “fifteen
terms and conditions unless we cancel for other reasons set (15) days”. (iv) Provided you have not presented a claim, you
forth in this Certificate. may, within thirty (30) days of enrollment, cancel coverage
as of your original effective date of coverage and receive
Oklahoma: VIII.G. Arbitration Agreement is amended to
a refund or credit on your bill for the full premium paid by
include the following additional language: If an arbitration
writing to: Asurion Customer Care Center, P.O. Box 411605
decision is not issued within three months of the demand for
Kansas City, MO 64141-1605.
arbitration, the Insured Subscriber, provided they are not the
cause of the delay, may elect to proceed in court. WARNING: South Dakota: (i) Section VII.A.3. is amended to provide at
Any person who knowingly, and with intent to injure, defraud least twenty (20) days’ notice if we cancel this Certificate or
or deceive any insurer, makes any claim for the proceeds change the terms and conditions unless we cancel for other
of an insurance policy containing any false, incomplete or reasons set forth in this Certificate. (ii) Section VII.A.3.(a):
misleading information is guilty of a felony. “fifteen (15) days” is amended to “twenty (20) days”. (iii)
Section VII.A.3.(b) is amended as follows: We may cancel
Oregon: (i) NOTE “B” below does not apply. (ii) Section
your coverage under this Certificate for nonpayment of
VII.A.3. is amended to provide at least sixty (60) days’
premium by providing you with at least twenty (20) days’
notice if we cancel this Certificate or change the terms
notice of cancellation.
and conditions unless we cancel for other reasons set
forth in this Certificate. (iii) Section VII.A.3.(b) is amended United States Virgin Islands: (i) The second sentence of
as follows: We may cancel your coverage under this Section VII.A.2. is amended by removing the phrase “on
Certificate for nonpayment of premium by providing you our behalf”. (ii) The fourth sentence of Section VIII.G. is
with at least fifteen (15) days’ notice of cancellation. amended as follows: In the unlikely event we cannot resolve
(iv) The following is added to Section VIII.G. Arbitration any disputes, including any claims under this Certificate,
Agreement: Any award rendered in accordance with that you or we may have, YOU AND WE AGREE TO
the arbitration provisions herein shall constitute a RESOLVE THOSE DISPUTES THROUGH NONBINDING
nonbinding award on you, provided that you reject the ARBITRATION OR AN INDIVIDUAL ACTION IN A COURT
arbitration decision in writing to us within forty-five (45) OF LAW THAT HAS JURISDICTION OVER THE DISPUTE.
days of the arbitrator’s award. Under no circumstances (iii) The second sentence in the third paragraph of Section
shall a legal proceeding be filed in a federal, state or local VIII.G. is amended as follows: Notwithstanding the foregoing,
court until such time as both you and we first obtain an this Arbitration Agreement does not preclude you from
arbitration award pursuant to this arbitration provision. bringing an individual action in a court of law that has
Any arbitration occurring under this Certificate shall be jurisdiction over the dispute or from informing any federal,
administered in accordance with the Arbitration Rules state or local agencies or entities of your dispute. (iv) The
unless any procedural requirement of the Arbitration following sentence is deleted from Section VIII.G. Arbitration
Rules is inconsistent with the Oregon Uniform Arbitration Agreement: “This Certificate evidences a transaction in
Act, in which case the Oregon Uniform Arbitration Act interstate commerce; accordingly, the Federal Arbitration Act
shall control as to such procedural requirement. governs the interpretation and enforcement of this Arbitration
Pennsylvania: (i) Section VII.A.3. is amended to provide at Agreement.” (v) Section VIII.H.2. is deleted and replaced with
least sixty (60) days’ notice if we cancel this Certificate or the following: The action is brought within one (1) year after
change the terms and conditions unless we cancel for other you first have knowledge of the Loss or other events that are
reasons set forth in this Certificate. (ii) Section VII.A.3.(b) is the basis of the action.
amended as follows: We may cancel your coverage under Utah: Section VII.A.3.(a): “fifteen (15) days” is amended to
this Certificate for nonpayment of premium by providing you “thirty (30) days”.
with at least thirty (30) days’ notice of cancellation. Vermont: (i) Section VIII.A. is amended as follows: “thirty (30)
Puerto Rico: (i) Section VII.A.3. is amended to provide at days” is replaced with “ten (10) days’.” (ii) Note “B.” below
least sixty (60) days’ notice if we cancel this Certificate or is deleted and replaced with the following: Any person who
change the terms and conditions unless we cancel for other knowingly presents a false statement in an application for
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
24 25

insurance or when filing a claim may be guilty of a criminal for discovery of fraud or material misrepresentation. (ii)
offense and subject to penalties under state law. Section VII.A.3.(b) is amended as follows: We may cancel
Washington: (i) The first paragraph of Section II. your coverage under this Certificate for nonpayment of
EXCLUSIONS is deleted and replaced in its entirety by premium by providing you with at least ten (10) days’
the following: We will not pay for Loss caused directly or notice of cancellation.
indirectly by any of the above excluded causes of Loss,
and such Loss is excluded regardless of any other cause NOTE: A. THIS CERTIFICATE MAY PROVIDE A DUPLICATION
or event that contributes concurrently to the Loss if the OF COVERAGE ALREADY PROVIDED BY
excluded event initiates the sequence of events that result in YOUR PERSONAL AUTO INSURANCE POLICY,
a Loss. (ii) The first sentence of Section VII.A.1. is amended HOMEOWNER’S INSURANCE POLICY, OR OTHER
as follows: You may cancel coverage under this Certificate SOURCE OF COVERAGE.
by mailing or delivering to us advance notice stating when
B. ANY PERSON WHO KNOWINGLY AND WITH
such cancellation is effective. (iii) Section VII.A.3. is amended
INTENT TO INJURE, DEFRAUD, OR DECEIVE
to provide at least thirty (30) days’ notice if we cancel
ANY INSURER FILES A STATEMENT OF CLAIM
or non-renew this Certificate or change the terms and
OR AN APPLICATION CONTAINING ANY FALSE,
conditions unless we cancel for other reasons set forth in
INCOMPLETE, OR MISLEADING INFORMATION IS
this Certificate. (iv) Section VII.A.3.(b) is amended as follows:
GUILTY OF INSURANCE FRAUD. IN FLORIDA, SUCH
We may cancel your coverage under this Certificate for
CONDUCT IS A FELONY OF THE THIRD DEGREE.
nonpayment of premium by providing you with at least ten
(10) days’ notice of cancellation. (v) The following is added to Any questions regarding the coverage provided under this
Section VII.A.3.: We retain the right to revise this Certificate Certificate should be directed to our Authorized Representative
at any time, provided that we will not increase the premium as follows:
or the deductible or restrict coverage more than once in
any six (6) month period. (vi) Section VII.B.1. is amended as Asurion Customer Care Center
follows: Notices made pursuant to Sections A.2. or 3. shall Post Office Box 411605
be in writing and include the actual reason and effective Kansas City, MO 64141-1605
date of cancellation or nonrenewal. The coverage will end on 1-855-309-8342
that date. (vii) The first sentence of Section X.A. is amended
as follows: any award rendered in accordance with
the arbitration provisions herein shall constitute a
nonbinding award on you, provided that you reject the
arbitration decision in writing to us within forty-five (45)
days of the arbitrator’s award. (viii) The following sentence
is deleted from Section VIII.G. Arbitration Agreement: This
Certificate evidences a transaction in interstate commerce;
accordingly, the Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement.
West Virginia: Section VIII.G. is deleted and replaced with
the following: Most of your concerns about this Certificate
can be addressed simply by contacting our Authorized
Representative at 1-855-309-8342. In the unlikely event we
cannot resolve any disputes, including any claims under this
Certificate, that you or we may have, YOU AND WE AGREE
THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A
CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY
PURPORTED CLASS ACTION, CLASS ARBITRATION OR
OTHER SIMILAR PROCEEDING.
Wyoming: (i) Section VII.A.3.(a) is amended as follows: We
may cancel your coverage under this Certificate immediately
CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1 CIM-CE-Cert-2.0 (Ed. 03-17) V.CP1
27

THIS CONTRACT (HEREINAFTER REFERRED TO AS THE


“CONTRACT”) IS A LEGAL CONTRACT BETWEEN YOU AND
US (AS HEREINAFTER DEFINED). IT REQUIRES YOU TO
RESOLVE ANY DISPUTES WITH US OR CRICKET WIRELESS
(AS HEREINAFTER DEFINED) THROUGH BINDING AND
INDIVIDUAL ARBITRATION OR THROUGH SMALL CLAIMS
COURT AND LIMITS OUR LIABILITY TO YOU. PLEASE READ
THIS PLAN CAREFULLY AND COMPLETELY. IF YOU DO NOT
AGREE WITH ANY OF ITS PROVISIONS, DO NOT USE THE
SERVICES OFFERED BY THIS CONTRACT.

CRICKET PROTECT SERVICE WARRANTY


Program Providers*:
Asurion Warranty Protection Services, LLC
Asurion Warranty Protection Services of Florida, LLC
Asurion Warranty Protection Services of Puerto Rico, Inc.
CRICKET PROTECT (collectively “Asurion”)

SERVICE WARRANTY You can write to Us at:


Asurion
P.O. Box 061078
Chicago, IL 60606-1078
*As used in this Contract, “We,” “Us” and “Our” means the
provider obligated under this Contract as follows: If this Contract
is purchased in Florida, Asurion Warranty Protection Services
of Florida, LLC; if purchased in Puerto Rico, Asurion Warranty
Protection Services of Puerto Rico, Inc.; and if purchased in any
other jurisdiction, Asurion Warranty Protection Services, LLC. “You”
and “Your” means the Person who purchased this Contract.

Terms & Conditions

Cricket Protect
These Contract terms and conditions together with Your monthly bill
(“Bill”) from Cricket Wireless (the “Contract”) govern the Program,
so You should keep this Contract for future reference. Your wireless
telephone number for the Covered Equipment is Your Contract
number. If purchased by phone, internet or other electronic means,
this Contract is purchased in the state identified in Your billing
address in the records of Cricket Wireless at the time of purchase.
Agreement. You agree to all the provisions of this Contract when
You order the Program and/or pay for it. We may change the
monthly charge for the Program, the administration of the Program,
or these terms and conditions from time to time upon at least
thirty (30) days written notice to You. Such notice may be provided
in a separate mailing, or by any other reasonable method, at Our
discretion. If You provide Us Your email address, We may, at Our
discretion, deliver any notice provided for in this Contract to You by
Form 3400 v.CP2 (Rev. 01/20)
28 29

electronic means. Your continued use of the Program and payment category as the Covered Equipment at the time of Loss. 7>
of the charges, after such notice, constitutes Your acceptance of “Effective Date” means the effective date of coverage which
the changes. The Program is available only to customers of Cricket is the date the charges for the Program first apply as shown on
Wireless. Your participation in the Program is optional and You may Your Bill. 8> The “Program” means the Cricket Protect Service
cancel the Program at any time. Please refer to the provision in this Warranty described in this Contract.
Contract regarding cancellation. What Is Covered. If the Covered Equipment fails due to an
Operational Failure after the manufacturer’s warranty period
Definitions. and while this Contract is in effect, We will repair it, or, at Our
1> “Cricket Wireless” means Cricket Wireless, LLC and any sole option, replace it with a device of comparable kind and
successors or assigns. 2> “Asurion” means Asurion Warranty quality. If failure occurs in the standard battery, standard wall
Protection Services of Florida, LLC in Florida, Asurion Warranty charger, and/or Subscriber Identification Module (SIM) Card
Protection Services of Puerto Rico, Inc. in Puerto Rico, and Asurion in conjunction with the Operational Failure of the Covered
Warranty Protection Services, LLC in all other jurisdictions. You Equipment, We will also repair, or, at Our sole option, replace
can write to Asurion at P.O. Box 061078, Chicago, IL 60606-1078 one standard battery, one standard wall charger, and/
or call 1-855-309-8342. 3> “Covered Equipment” means one or one SIM Card, as applicable. THERE IS NO ASSURANCE,
Eligible Wireless Communications Device owned or leased by You REPRESENTATION, OR GUARANTEE THAT ANY REPLACEMENT
that is actively registered on the Cricket Wireless network and EQUIPMENT WILL BE IDENTICAL OR OFFER THE SAME
enrolled in this Program and for which You have paid monthly FUNCTIONALITIES AS THE ITEM BEING REPLACED. Replacement
charges to date. Covered Equipment is limited to one Eligible Equipment will be new or refurbished in Our sole discretion.
Wireless Communications Device. The International Manufacturer’s The Replacement Equipment immediately becomes the Covered
Equipment Identification (IMEI), Electronic Serial Number (ESN), Equipment.
Unique Device Identifier (UDiD) or other unique identification
Coverage also includes access to 16 GB of photo storage through
number of the wireless device associated with Your account in
the myPhotoVault application. For more information or to download
the records of Cricket Wireless at the time Your coverage initially
the myPhotoVault application, please visit https://provision.
becomes effective and for which airtime has been logged indicates
myexpertcricket.com/resources/myphotovault_eula.html.
the wireless device to be considered Covered Equipment, unless
You have logged airtime on a different wireless device immediately If the Covered Equipment under this Contract fails due to an
prior to the time of Loss. If you have logged airtime on a different Operational Failure, during the manufacturer’s warranty period
wireless device immediately prior to the time of Loss, then such and while this Contract is in effect, You will be entitled to utilize
wireless device shall be considered Covered Equipment so long Cricket Wireless expedited in-warranty exchange service and the
as such wireless device is owned or leased by You and You expedited delivery charges will be waived.
provide Us proof of ownership or lease. 4> “Eligible Wireless Contract Period. Your coverage begins on the Effective Date
Communications Device” means only wireless communications and continues from month to month until terminated by You or by
devices that are on the list of eligible devices at the time of Us. We may elect not to renew the Program upon thirty (30) days
purchase that are eligible for coverage under this Contract. For a list written notice to You.
of eligible devices, please visit www.phoneclaim.com/cricket. 5>
“Operational Failure” means failure of the Covered Equipment Charges. You agree to pay the monthly charge for this Contract
to operate due to operational, mechanical, or structural failure from each month when charged on Your Bill. Applicable non-return
normal wear and tear or defects in materials or workmanship. 6> charges, non-covered claim charges, or shipping/restocking
“Replacement Equipment” means the wireless device which We charges, if any, may be charged to You, or, at Our discretion,
provide to You in the event of a covered Operational Failure of the collected from You prior to providing Replacement Equipment. If We
Covered Equipment which: do not receive full payment on the due date, a late payment fee of
1.5% per month or the highest amount allowed by law, whichever
A. Is of like kind and quality; is less, may be charged.
B. Is either new or refurbished, and may contain original or non-
original parts; and Claim Service Fee. A nonrefundable claim service fee, as set
forth in the schedule below, is payable at the time a replacement
C. May be a different brand, model or color than the Covered is approved by Us for each replacement based on the equipment
Equipment. category of the equipment being replaced. The claims service fee
Replacement equipment will be approved equipment for use on will not apply to warranty facilitations provided through Cricket
the network of the Service Provider and in the same equipment Wireless during the term of the standard manufacturer’s warranty.
Form 3400 v.CP2 (Rev. 01/20) Form 3400 v.CP2 (Rev. 01/20)
30 31

The applicable deductibles are set forth in the deductible schedule replacement of the Covered Equipment if the charger
below. has also failed); or 5> any accessories (except as
Claim Service Fee Applicable to Each Replacement
otherwise provided with respect to batteries, battery
chargers, and SIM cards), including memory cards
Equipment or other external storage devices, color face plates,
Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 personalized data, or customized software, such as
apps, ringtones, games, or screen savers.
$10 $40 $75 $130 $250
To Obtain Service. In the event of an Operational Failure of
Covered Equipment, call Asurion at 1-855-309-8342 or visit www.
Limits. A maximum of three (3) Replacements of Covered phoneclaim.com/cricket. You must file the claim within thirty (30)
Equipment will be allowed in any one twelve (12) month period. days of the Operational Failure. If Your claim is approved by phone,
The twelve-month period is calculated based on the Date of We will provide the Replacement Equipment by mail within ten (10)
Replacement for each covered Loss. The most We will spend, in business days, or We may require You to pick up the Replacement
any one occurrence, to replace Covered Equipment is $2,500. Equipment at a retail location in Your area. We may require You to
For any one claim, We will not pay for Replacement Equipment provide a government-issued photo ID., other than a student or
having retail value of more than the limit, less the applicable professional license or ID.
claims service fee.
Return of Replaced Equipment/Non-return Charge. Covered
What Is Not Covered. Equipment approved for replacement must be returned to Us. You
will be required to return, within ten (10) days, the failed Covered
The Program does not cover: Equipment to Us at Our expense in the return mailer We provide.
You must return the Covered Equipment as directed by Us, or pay
1> Incidental or consequential damages; 2> failures the non-returned equipment charge applicable to the model of
caused by acts of God, fire, flood, explosion, war, Covered Equipment that We replace. YOU CAN AVOID THIS CHARGE
terrorism, strike, embargo, acts of the government, BY SIMPLY RETURNING THE COVERED EQUIPMENT AS DIRECTED.
military authority, or the elements; 3> loss, theft,
Charge for Non-Covered Claims. If We ship You Replacement
abuse, misuse, improper installation, water damage, Equipment, We will notify You in writing within thirty (30) days of
or customer negligence; 4> normal wear and tear that the return of replaced Covered Equipment if We determine the
does not affect the mechanical or electrical function returned Covered Equipment did not suffer an Operational Failure
of the Covered Equipment; 5> cracked displays; and covered by the Program. The non-covered claim charge applicable
6> changes or enhancements in color, texture, finish, to the model of Replacement Equipment We provided will be
expansion, contraction, or any cosmetic damage to charged to You unless You return the Replacement Equipment,
Covered Equipment however caused, including, but in good working order, at Your cost of shipping within fifteen (15)
not limited to, scratches and marring, that do not days of Our notification. If You return the Replacement Equipment
affect the mechanical or electrical function of the as required by this Contract, We will return to You Your original
Covered Equipment. Covered Equipment, and a $0 shipping and restocking charge will
be included on Your Bill.
Further, Covered Equipment does not include and the Cancellation. This Contract may be cancelled by You or by
Program does not cover: Us for any reason at any time. You may cancel this Contract
1> Contraband or property in the course of illegal by contacting Us in writing at Asurion Customer Care Center,
P.O. Box 411605, Kansas City, MO 64141-1605. If You cancel
transportation or trade; 2> property in transit to
this Contract within thirty (30) days from Your receipt of this
You from anyone other than Us; 3> consumable
Contract (the First 30 days), You will then receive a refund or
items, such as batteries (one standard battery will credit for the full Contract price paid unless You had a covered
be provided with Replacement Equipment on claims claim during the First 30 days. In the event You had a covered
approved for replacement of the Covered Equipment claim during the First 30 days, Your refund will be the greater of
if the battery has also failed); 4> battery chargers the full Contract price paid less the cost of any covered claim
(one standard wall charger will be provided with or 100% of the pro rata unearned portion of the Contract price
Replacement Equipment on claims approved for paid, if any, based upon elapsed time. Your refund will be 100%
Form 3400 v.CP2 (Rev. 01/20) Form 3400 v.CP2 (Rev. 01/20)
32 33

of the pro rata unearned portion of the Contract price paid, if any, parents, subsidiaries, affiliates, service contract insurers,
based upon elapsed time if: agents, employees, successors and assigns of Asurion,
(i) You cancel after the First 30 days; or as defined above; and (2) Cricket Wireless, LLC and its
wholly owned subsidiaries, affiliates, agents, employees,
(ii) We cancel this Contract.
successors and assigns.
For residents of Alabama, Arkansas, California, Colorado, District
Most of Your concerns about the Contract can be addressed simply
of Columbia, Hawaii, Maine, Maryland, Massachusetts, Minnesota,
by contacting us at 1-866-856-3882. In the event We cannot
Missouri, Nevada, New Jersey, New Mexico, New York, Puerto
Rico, South Carolina, Texas, Washington, Wisconsin and Wyoming, resolve any dispute with You, YOU AND WE AGREE TO RESOLVE
and any other jurisdictions as required by law, any refund owed THOSE DISPUTES THROUGH BINDING AND INDIVIDUAL
and not paid or credited within thirty (30) days of cancellation ARBITRATION OR THROUGH SMALL CLAIMS COURT INSTEAD
shall include a 10% penalty per month. If You fail to make any OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND
monthly payment for this Contract or any charge provided for in WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND
this Contract, coverage will cease on the date the payment was WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR
due. In the event We cancel this Contract, We shall provide You OTHER REPRESENTATIVE PROCEEDINGS.
with a written notice at least thirty (30) days prior to the Effective (a) This A.A. shall survive termination of the Contract and is
Date of cancellation, which notice shall state the Effective Date and governed by the Federal Arbitration Act. This A.A. shall be interpreted
reason for cancellation. Any termination, cancellation, suspension, broadly, and it includes any dispute You have with Us that arises
interruption, or discontinuation of any Cricket Wireless feature out of or relates in any way to the Contract or the relationship
(including Cricket Protect) that You purchased in combination with between You and Us, whether based in contract, tort, statute, fraud,
the Program constitutes cancellation of the Program by You, subject misrepresentation or otherwise. However, this A.A. does not preclude
to the terms and conditions of this Contract. You from bringing an individual action against Us in small claims
Limitation of Liability. In the event of any error, omission or court or from informing any federal, state or local agencies or entities
failure by Asurion or Cricket Wireless with respect to the Program of Your dispute. They may be able to seek relief on your behalf.
or the services provided by Asurion or Cricket Wireless hereunder, (b) To initiate arbitration, send a written Notice of Claim by certified
ASURION’S AND CRICKET WIRELESS’ RESPONSIBILITY AND mail to: Legal Department, P.O. Box 110656, Nashville, TN 37122-
LIABILITY SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID 0656. The Notice must describe the dispute and relief sought. If We
BY YOU FOR THE PROGRAM (BUT NO MORE THAN THE LAST 24 do not resolve the dispute within thirty (30) days of receipt of the
MONTHLY CHARGES YOU PAID FOR THE PROGRAM). THIS IS YOUR Notice, You may start an arbitration with the American Arbitration
SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF Association (“AAA”). You can contact the AAA and obtain a free copy of
ASURION OR CRICKET WIRELESS TO PERFORM. FURTHER, UNDER their rules and forms at www.adr.org or 1-800-778-7879. Asurion
NO CIRCUMSTANCES SHALL ASURION OR CRICKET WIRELESS BE will reimburse You for a filing fee paid to the AAA, and if You are
LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, unable to pay a filing fee, We will pay it if You send Us a written request.
EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF ASURION OR CRICKET
WIRELESS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE (c) The arbitration shall be administered by the AAA in accordance
POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PROGRAM with the Consumer Arbitration Rules (“Rules”). The arbitrator is bound
OR ASURION OR CRICKET WIRELESS PERFORMANCE UNDER THE by the terms of this A.A. and shall decide all issues, with the exception
PROGRAM, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH that issues relating to the enforceability of this A.A. may be decided
AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED by a court. If Your dispute is for $10,000 or less, the arbitration will
PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY be conducted by submitting documents to the arbitrator, unless You
STATED IN THIS CONTRACT, WE HEREBY SPECIFICALLY DISCLAIM request an in-person or telephonic hearing or the arbitrator decides
ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS that a hearing is necessary. If Your dispute is for more than $10,000,
OR IMPLIED, REGARDING THE PROGRAM AND SERVICES TO BE the right to a hearing will be determined by the Rules. Unless otherwise
PROVIDED HEREUNDER BY ASURION AND CRICKET WIRELESS , agreed, any hearing will take place in the county or parish of Your
INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR mailing address. We will pay all filing, administration and arbitrator fees
FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES for any arbitration, unless Your dispute is found by the arbitrator to have
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. been filed for the purpose of harassment or is patently frivolous. In that
case, the Rules govern payment of such fees.
Arbitration Agreement. For the purpose of this arbitration
agreement (referred to hereinafter as the “A.A.”) only, (d) The arbitrator shall issue a decision including the facts and
references to “We” and “Us” also include (1) the respective law supporting it. If the arbitrator finds in Your favor and issues a
Form 3400 v.CP2 (Rev. 01/20) Form 3400 v.CP2 (Rev. 01/20)
34 35

damages award that is greater than the value of the last settlement State specific provisions:
We offered or if We made no settlement offer and the arbitrator In Alabama: The Cancellation provision is amended by replacing all
awards You any damages, We will: (1) pay You the amount of the references to “the full Contract price” with “all monthly Contract charges.”
damages award or $7,500.00, whichever is greater; and (2) pay
the attorney’s fees and expenses, if any, You reasonably incurred in In Arizona: We will not cancel or void this Contract before the
the arbitration. While that right to fees and expenses is in addition expiration of the agreed Contract term due to preexisting conditions
to any right You may have under applicable law, You may not that occurred prior to when the Covered Equipment was owned by
recover duplicate awards of fees and expenses. Asurion waives any You. The fourth sentence of the Cancellation provision is deleted
and replaced with the following: “In the event You had a covered
right it may have under applicable law to recover attorney’s fees
claim during the First thirty (30) days, Your refund will be 100%
and expenses from You if we prevail in the arbitration.
of the pro rata amount of the unearned portion of the Contract
(e) If You seek declaratory or injunctive relief, that relief can be price paid, if any, based upon elapsed time.” The Arbitration
awarded only to the extent necessary to provide You relief. YOU Agreement of this Contract does not preclude You from contacting
AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS the Consumer Protection Division of the Arizona Department of
AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND Insurance. Obligations of Asurion under this Contract are backed by
NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION the full faith and credit of Asurion.
OR REPRESENTATIVE PROCEEDING. Unless You and We agree
In Connecticut: The term of this Contract will be automatically
otherwise, the arbitrator may not consolidate your dispute with extended for the period during which the Covered Equipment
any other person’s dispute and may not preside over any form of is in the custody of a service center for repair. Contact Us at
representative proceeding. If this specific provision is found to be 1-855-309-8342 with questions, concerns, or complaints about
unenforceable, then the entirety of this A.A. shall be null and void. the Program. In the event of a dispute with Us that You and We
Force Majeure. We have no responsibility for delays or failures cannot resolve, You may submit a formal complaint to the State
due to acts of God, fire, flood, explosion, war, strike, embargo, acts of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT
of the government, military authority, or the elements, or other 06142-0816, Attn: Consumer Affairs. The complaint must contain
causes beyond Our control, and in such event, We may cancel this a description of the dispute, the purchase price of the Covered
Contract and the Program immediately. Equipment, the cost of repair of the Covered Equipment and a
copy of this Contract. In-home service is not provided.
Prohibitions on Transfer and Abuse of the Program. The
Program is for Your use only. It is not transferable by You to any In Florida: The rate charged for this Contract is not subject to
other person, and may not be assigned by You. Wireless devices regulation by the Florida Office of Insurance Regulation.
owned or leased by anyone other than You may not be Covered In Georgia: We may not cancel this Contract before the
Equipment. Any abuse of the Program by You, including but not expiration of the monthly Contract term, unless You fail to
limited to seeking replacement of a wireless device not belonging pay any amount due or You engage in fraud or material
to You, may result in termination of the Program upon notice. misrepresentation in obtaining this Contract. The cancellation
Insurance. This Contract is not an insurance policy. Under this shall be in writing and shall conform to the requirements of
Contract, Asurion’s obligations are insured under an insurance policy Georgia Code § 33-24-44. If this Contract is terminated before
issued by Continental Casualty Company, 151 N. Franklin Street, the expiration of the term, We will not deduct the cost of any
Chicago, IL 60606 in the following jurisdictions: Alabama, Arkansas, covered claims from Your refund. Subsection 1> of the What
California, Colorado, Connecticut, District of Columbia, Florida, Is Not Covered provision of this Contract is replaced by the
Georgia, Hawaii, Illinois, Indiana, Kentucky, Maine, Massachusetts, following: “Incidental and consequential damages, only to
Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, the extent such damages are known to You or reasonably
New York, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, should have been known to You.” As stated in the Arbitration
Agreement of this Contract, either party may bring an individual
Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming,
action in small claims court. The Arbitration Agreement of this
and any other jurisdiction as required by law. If We fail to act on Your
Contract does not preclude You from bringing issues to the
claim within sixty (60) days, or if we become insolvent or otherwise
attention of federal, state, or local agencies or entities of Your
financially impaired, You may contact Continental Casualty Company
dispute. Such agencies or entities may be able to seek relief
directly at 1-800-831-4262 to report your claim.
on Your behalf. You and We agree to waive the right to a trial by
Terms and conditions vary for Cricket Wireless customers jury and to participate in class arbitrations, class actions and
purchasing in some jurisdictions as set forth in this Contract. The other similar proceedings. Nothing contained in the arbitration
Program may not be available in all states. provision shall affect Your right to file a direct claim under the
Form 3400 v.CP2 (Rev. 01/20) Form 3400 v.CP2 (Rev. 01/20)
36 37

terms of this Contract against Continental Casualty Company not extend the term of any original product or service warranty
pursuant to O.C.G.A. 33-7-6. that the manufacturer, importer, or seller may have provided.
In Nevada: If this Contract has been in force for a period of In New Mexico: If this Contract has been in force for a period
seventy (70) days, We may not cancel before the expiration of the of seventy (70) days, We may not cancel before the expiration
monthly Contract term, unless: (1) You fail to pay any amount due; of the monthly Contract term, unless: (1) You fail to pay any
(2) You are convicted of a crime which results in an increase in amount due; (2) You are convicted of a crime which results in
the service required under the Contract; (3) You engage in fraud an increase in the service required under the Contract; (3) You
or material misrepresentation in obtaining this Contract or in engage in fraud or material misrepresentation in obtaining this
filing a claim for service under this Contract; (4) You commit any Contract; (4) You commit any act, omission, or violation of any
act, omission, or violation of any terms of this Contract after the terms of this Contract after the Effective Date of this Contract
Effective Date which substantially and materially increases the which substantially and materially increases the service required
service required under this Contract; or (5) any material change under this Contract; or (5) any material change in the nature or
in the nature or extent of the required service or repair, including extent of the required service or repair occurs after the Effective
unauthorized service or repair, which occurs after the Effective Date of this Contract and causes the required service or repair
Date and causes the required service or repair to be substantially to be substantially and materially increased beyond that
and materially increased beyond that contemplated at the time contemplated at the time You purchased this Contract.
You purchased this Contract. Your right to void this Contract during In North Carolina: You understand that the purchase of this
the First thirty (30) days following receipt is not transferable and Contract is not required to purchase or to obtain financing for the
applies only to the original Contract purchaser. If this Contract is Covered Equipment. We may non-renew, but may not cancel this
terminated before the expiration of the term, We will not deduct Contract prior to the expiration of the monthly term except for non-
the cost of any covered claims from Your refund. The fourth payment by You or for violation of any of the terms and conditions
sentence of the Cancellation provision is deleted and replaced of this Contract.
with the following: “In the event You had a covered claim during
the First thirty (30) days, Your refund will be 100% of the pro rata In Oklahoma: Coverage provided under this Contract is not
amount of the unearned portion of the Contract price paid, if any, guaranteed by the Oklahoma Insurance Guaranty Association.
based upon elapsed time.” In the event of a Force Majeure, We The Oklahoma service warranty statutes do not apply to the
will not cancel this Contract. However, We have no responsibility commercial use references in this Contract. Oklahoma license
to provide coverage for specific delays or failures arising from a number: 44198043.
Force Majeure. In the event of a Force Majeure, this Contract will In Oregon: The Arbitration Agreement provision of this Contract
continue to provide any applicable coverage that is not related to is replaced with the following: “For the purpose of this Arbitration
the Force Majeure, unless such coverage is otherwise excluded Agreement, references to “We” and “Us” also include: (1) the
under the provisions of this Contract. Contact Us at 1-855-309- respective parents, subsidiaries, affiliates, service contract
8342 with questions, concerns or complaints about this Contract. insurers, agents, employees, successors and assigns of Asurion, as
The What Is Not Covered provision of this contract is amended defined above; and (2) Cricket Wireless, LLC and its wholly owned
to add the following: 7> Any defects or conditions that existed subsidiaries, affiliates, agents, employees, successors and assigns.
prior to the device becoming Covered Equipment. In the event Most of your concerns about the Program can be addressed simply
You do not receive satisfaction under this Contract, complaints by contacting us at 1-866-856-3882. In the event we cannot
or questions about this Contract may be directed to the Nevada resolve any dispute, You and We may, in a separate agreement,
Department of Insurance, telephone 1-888-872-3234. consent to arbitration. YOU AND WE AGREE THAT EACH PARTY
In New Hampshire: Contact Us at 1-855-309-8342 with MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL
questions, concerns, or complaints about the Program. In the CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS
event You do not receive satisfaction under this Contract, You MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION
may contact the State of New Hampshire Insurance Department, OR OTHER SIMILAR PROCEEDING. Any arbitration proceedings shall
21 South Fruit Street, Suite 14, Concord, NH 03301, telephone be conducted within the state of Oregon.”
number:1-603-271-2261. The arbitration agreement provision of In Puerto Rico: Purchaser’s Name:
this Contract is subject to RSA 542. Contract Number
In New Jersey: Cricket Protect includes a service contract that is With respect to Contracts purchased in Puerto Rico, the following
separate and distinct from any product or service warranty which changes apply: (1) The Definition provision is amended to add the
may be provided by the manufacturer, importer, or seller, and does following definition: “Acts of God and the Elements” are destructive
Form 3400 v.CP2 (Rev. 01/20) Form 3400 v.CP2 (Rev. 01/20)
38 39

events or accidents caused by forces of nature, which are irresistible equipment charge is not to exceed the then current Cricket Wireless
and cannot be prevented, such as storms, tornados, earthquakes, minimum advertised sales price of the replacement equipment. (10)
floods, hurricanes, tidal waves, among others. (2) The Limitation The first sentence of the Contract Period provision is deleted and
of Liability provision is deleted in its entirety and replaced with the replaced with the following: Your coverage begins on the Effective
following: Limitation of Liability. In the event of any error, omission Date and renews each month until terminated by You or by Us. (11)
or failure by Cricket Wireless or Asurion with respect to the Program The second sentence in the second paragraph of the Arbitration
or the services provided by Cricket Wireless or Asurion hereunder, Agreement provision is deleted and replaced with the following:
Cricket Wireless and Asurion’s RESPONSIBILITY AND LIABILITY In the unlikely event We cannot resolve any disputes, including
SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID BY YOU FOR claims under this Contract, that You or We may have, YOU AND WE
THE PROGRAM (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MAY MUTUALLY AGREE IN WRITING TO RESOLVE THOSE DISPUTES
MONTHLY CHARGES YOU PAID FOR THE PROGRAM). All references EITHER THROUGH ARBITRATION OR SMALL CLAIMS COURT INSTEAD
to Asurion and Cricket Wireless shall include references to any of OF THROUGH COURTS OF GENERAL JURISDICTION. (12) In the
Our employees, agents, representatives or associated businesses. Prohibitions on Transfer and Abuse of the Program provision, all
THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR references to “abuse of” are replaced with “fraudulent activity under”.
FAILURE OF CRICKET WIRELESS OR ASURION’S PERFORMANCE.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS CONTRACT, In South Carolina: Contact Us at 1-855-309-8342 with questions,
CRICKET WIRELESS AND ASURION HEREBY SPECIFICALLY DISCLAIM concerns, or complaints about the Program. In the event You do not
ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR receive satisfaction under this Contract, complaints or questions
IMPLIED, REGARDING THE PROGRAM AND SERVICES TO BE PROVIDED about this Program may be directed to the South Carolina
HEREUNDER BY CRICKET WIRELESS OR ASURION, INCLUDING ANY Department of Insurance, P.O. Box 100105, Columbia, SC 29202-
IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS 3105, telephone number 1-800-768-3467.
FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING In Texas: If You purchased this Contract in Texas, unresolved
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THIS complaints concerning Us or questions concerning Our registration
PROVISION DOES NOT LIMIT OUR OBLIGATION TO PROVIDE YOU may be addressed to the Texas Department of Licensing and
REPLACEMENT EQUIPMENT IN THE EVENT OF A COVERED LOSS Regulation, P.O. Box 12157, Austin, TX 78711, telephone number
AS PROVIDED FOR IN THE WHAT IS COVERED PROVISION OF THIS 1-512-463-6599 or 1-800-803-9202. You may apply for
CONTRACT. (3) The Arbitration Agreement provision of this Contract reimbursement directly to the insurer if you cancel this Contract
is amended to add the following: Any award rendered in accordance and a refund or credit is not paid before the forty-sixth (46th) day
with this Contract’s Arbitration Agreement shall be a nonbinding after the date on which the Contract is returned to Us.
award against You, provided that You reject the arbitration decision
in writing to Us within forty-five (45) days of the arbitrator’s award. In Utah: NOTICE: This Contract is subject to limited regulation by
If You reject the arbitration decision pursuant to the terms herein, the Utah Insurance Department. To file a complaint, contact the
You may go to the courts of Puerto Rico to resolve the dispute. Utah Insurance Department. Coverage afforded under this Plan
(4) The last sentence of the Charge for Non-Covered Claims is not guaranteed by the Utah Property and Casualty Guaranty
provision is deleted and replaced with the following: If You return Association. The first sentence of the Cancellation section is deleted
the Replacement Equipment as required by this Contract, We will and replaced with the following: “This Contract may be cancelled
return to You Your original Covered Equipment, and no shipping and by You at any time for any reason.
restocking charge ($0.00) will be included on Your Bill. (5) The Claim This Contract may only be cancelled by Us prior to the expiration of
Service Fee provision is retitled “Deductible” and all references the monthly term for: (1) material misrepresentation or substantial
to “claim service fee” throughout this Contract are deleted and breaches of contractual duties, conditions, or warranties, by
replaced with the word “deductible.” (6) If You have enrolled in notifying You in writing at least thirty (30) days prior to the effective
coverage under this Program, We guarantee that the Covered
date of cancellation; or (2) for nonpayment of premium, by notifying
Equipment is an Eligible Wireless Communications Device, and as
You in writing at least ten (10) days prior to the effective date of
such is included in the list of eligible devices. (7) The fifth sentence of
cancellation. Such cancellation notifications shall state the effective
the Agreement provision is deleted and replaced with the following:
date and reason for cancellation.” The following is added to the To
The changes will be considered accepted by You after at least sixty
Obtain Service section: “Failure to notify Us within the prescribed
(60) days from the date we mailed the notice. (8) The To Obtain
time will not invalidate the claim if you can show that notification
Service and Cancellation provisions are amended to call Asurion
was not reasonably possible.”
Warranty Protection Services of Puerto Rico, Inc. Customer Care
at 1-855-309-8342. (9) The Return of Replaced Equipment/Non- In Virginia: In the event you do not receive satisfaction under this
return Charge provision is amended to provide that the non-returned Contract within sixty (60) days after your request, you may contact
Form 3400 v.CP2 (Rev. 01/20) Form 3400 v.CP2 (Rev. 01/20)
the Virginia Department of Agriculture & Consumer Services, Office
of Charitable & Regulatory Programs to file a complaint.
In Washington: If We fail to act on Your claim, You may contact
Continental Casualty Company directly at 1-800-831-4262.
You are not required to wait sixty (60) days before filing a claim
directly with Continental Casualty Company.
In Wisconsin: THIS CONTRACT IS SUBJECT TO LIMITED
REGULATION BY THE OFFICE OF THE COMMISSIONER OF
INSURANCE. These Contract terms and conditions together with
Your monthly bill (“Bill”) from Cricket Wireless and Your welcome
letter (the “Contract”) govern the Program. We may only cancel
this Contract before the end of the agreed Contract period on
the grounds of nonpayment, a material misrepresentation made
by You to Us, or a substantial breach of duties by You relating
to the Covered Equipment or its use. The Arbitration Agreement
provision of this Contract is amended as follows: (1) the second
and third sentences of the second paragraph are deleted and
replaced with the following: “TO RESOLVE DISPUTES, YOU
MAY CHOOSE EITHER BINDING ARBITRATION, PURSUANT
TO THE ARBITRATION AGREEMENT PROVISION OF THIS
CONTRACT, OR SMALL CLAIMS COURT. BY AGREEING TO
THIS CONTRACT, YOU AND WE WAIVE THE RIGHT TO HAVE
DISPUTES RESOLVED THROUGH COURTS OF GENERAL
JURISDICTION, THE RIGHT TO TRIAL BY JURY, AND TO
PARTICIPATE IN CLASS ARBITRATIONS AND CLASS ACTIONS.”;
and (2) the phrase “and is governed by the Federal Arbitration
Act” in the first sentence of paragraph (a) is deleted in its entirety.
In Wyoming: Prior notice of cancellation is not required if the
reason for cancellation is nonpayment of the Program fee,
a material misrepresentation by You to Us, or a substantial
breach of duties by You relating to the Covered Equipment or
its use. The Arbitration Agreement provision in this Contract
is replaced with the following: “If there are disputes between
You and Us that are not resolved by negotiations, You and We
may in a separate written agreement voluntarily consent to
arbitration. Any arbitration proceedings shall be conducted
within the state of Wyoming. For the purpose of this
Arbitration Agreement, references to “We” and “Us” include
Asurion and Cricket Wireless and their respective parents,
subsidiaries, affiliates, service contract insurers, agents,
employees, successors and assigns.”
Form 3400 v.CP2 (Rev. 01/20))

Copyright © 2004-2023 Asurion, LLC and CNA. All Rights Reserved


CRK-1344615-23 • COV55730

CRKT_PROT_TC_08.23

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