AT&T Mobile Protection Pack Comprehensive protection for your mobile phone AT&T Mobile Protection Pack The most comprehensive level of protection for your mobile life. Your information and your device are protected, plus live ongoing support is just a call or click away. Mobile Protection Pack combines Mobile Insurance,* Mobile Locate and Enhanced Support. Mobile Insurance and Enhanced Support purchased separately cost $15.99, but now you can get both services plus the AT&T Mobile Locate app for just $9.99 per month per mobile number enrolled. Replace It: AT&T Mobile Insurance Replace a lost, stolen, damaged or out-of-warranty malfunctioning device and get reconnected quickly. Once your claim is approved, the replacement device is shipped and, in most cases, received the next day. Also available as a standalone service for just $6.99 per month per enrolled mobile number. Premium includes billing fees paid to AT&T and administration fees paid to Asurion. Locate It: AT&T Mobile Locate Download the AT&T Mobile Locate app to back up and restore your personal contacts, photos and videos in the cloud. Locate your lost device with GPS or an alarm and remotely lock and wipe it to protect your privacy. Support It: AT&T Enhanced Support Call or click for personalized setup, view interactive guides and access troubleshooting support for your device. Also available as a standalone service for just $9 per month per enrolled mobile number. Visit att.com/mobileprotectionpack to learn more. Mobile Insurance Program Details Monthly Premium Deductible $6.99 per enrolled mobile number. Device Tier 1: $50 Device Tier 2: $125 Device Tier 3: $199 To see a full list of devices by deductible: att.com/mobileinsurance. Claim Limits 2 claims within any consecutive 12 months with a maximum device value of $1500 per occurrence. Replacement Once your claim is approved, the replacement device is shipped to you and Device received overnight in most cases. Claims may be fulfilled with new, AT&T Certified Like-New remanufactured or other models of like kind and quality. To learn more about the AT&T equipment certification process, visit att.com/mobileinsurance. Colors, features and accessory compatibility are not guaranteed. Cancellation You can cancel your coverage at any time and receive a prorated refund Policy of your unearned premium. Covered Phone – Includes wireless device, standard battery, standard battery Equipment charger and SIM card. If part of the covered loss, choice of one of the following accessories: carrying case, automobile cigarette lighter adapter or standard wired earpiece (not specialty earpiece such as Bluetooth®). Wireless Home Phone – Includes wireless device, power cord, back-up battery, phone cable and SIM card. Netbook/Notebook – Includes wireless device, standard battery, standard battery charger and SIM card. Tablets – Includes wireless device, standard battery charger, USB cable and SIM card. Ineligible Mobile Insurance is not available for and coverage does not apply to phones Devices on GoPhone® accounts, tablets with prepaid data plans, BlackBerry® PlayBook™, Samsung Galaxy Camera, PlayStation® Vita, AT&T 3G MicroCell™, Amazon Kindle™, device models not sold by AT&T, or docks. Eligibility is subject to change. *AT&T Mobile Insurance is underwritten by Continental Casualty Company, a CNA member company, and administered by Asurion Protection Services, LLC, CNA’s licensed agent for the customers of AT&T. All applicable taxes and surcharges extra. AT&T Mobile Protection Pack $9.99 per month per mobile number enrolled. Replace it with AT&T Mobile Insurance* • Replacement for a lost, stolen, damaged or out-of-warranty malfunctioning device. • Convenient online claim processing. Locate it with the AT&T Mobile Locate app • Back up and restore your contacts, photos and videos. • GPS locate and alarm functions to find a lost device. • Lock and then erase an unrecoverable device to secure your data. Support it with AT&T Enhanced Support** • In one call, resolve problems until you’re satisfied. • Friendly and informed help you can count on. • One-click to speak with a live person for help with: � An app or widget � Setup and customization � Device or OS malfunction � Wireless data connection and more AT&T Mobile Locate app Your life is on your device. With it containing so much valuable information, you’ll want to make sure to protect your device and data. Quickly locate it if lost, but if stolen, lock your device, back up your personal data and erase it to protect your privacy. Once the Mobile Locate app is downloaded to your device, you can tap into your dashboard from any computer to: 4 BACK UP your personal contacts, photos and videos to the secure cloud so you can RESTORE as needed. 4 LOCATE a misplaced device via alarm or GPS. 4 LOCK it to keep your data safe. 4 ERASE an unrecoverable phone to keep your contacts, photos and videos secure. Download the AT&T Mobile Locate app today 1) Enroll in Mobile Protection Pack. *AT&T Mobile Insurance available standalone for $6.99 per month per enrolled mobile number. * *AT&T Enhanced Support available standalone for $9 per month per enrolled mobile number. Don’t delay. Enroll today. To enroll your mobile number, ask a sales representative, or visit att.com/mobileprotectionpack. You may choose to enroll in the optional Mobile Insurance or Mobile Protection Pack feature within 30 days of new activation or device upgrade. If you are currently enrolled in Mobile Insurance, you may enroll in the Mobile Protection Pack at any time. Enhanced Support may be purchased standalone (outside of the Mobile Protection Pack) at any time. 2) Download the app by completing one of the following actions: • Scan the code below • Text LOCATE to 6583 • Visit att.com/mobileprotectionpack Once you download the AT&T Mobile Locate app, you can secure and locate your device by visiting att.com/ mobileprotectionpack. For the most up-to-date list of compatible phones and limitations, go to: att.com/mobileprotectionpack. NOTE: Technical limitations may prevent certain features (e.g., lock and alarm) from working on all devices. The service requires the device to be powered on, have text messaging capabilities and be within AT&T’s coverage area. Data usage charges may apply for download and use of this application. Requires compatible device. Mobile Locate provided by Asurion Mobile Applications, Inc. Mobile Locate is subject to additional terms and conditions which may be viewed at mymobilelocate.com. Enhanced Support Mobile Insurance Once you have your new device in hand, call Enhanced Support for personalized service, covering everything from basic functionality to email connectivity and technical issues. Coverage for loss, theft, damage and out-of-warranty malfunction. Get the most out of your device. • From your device, just click-to-call or from your home or office computer, log in to the dashboard to access extensive online tools and click-to-chat. • Maximize device capabilities and transfer contacts, pictures and videos, connect to home Wi-Fi®, pair to Bluetooth®, install apps, download games and set up social networks. Use GPS for directions and so much more. • And long past initial setup, Enhanced Support remains at your service – for as long as you’re enrolled in Mobile Protection Pack. If your device can do it, we can help. Visit att.com/enhancedsupport for online chat or by phone by calling 1-888-562-8662. • Representatives are available to help you Monday through Friday from 7 a.m. to 11 p.m. CST; Saturday and Sunday from 9 a.m. to 9 p.m. CST. To receive the discounted Enhanced Support service rate, you must enroll in Mobile Protection Pack within the first 30 days of new activation or device upgrade, or if you are currently enrolled in Mobile Insurance, you may enroll in Mobile Protection Pack at any time. You can enroll in the standalone Enhanced Support service at $9/month anytime. Requires a qualifying device and data plan. Data charges may apply. Functional computer and broadband Internet connection required in some cases. List of supported devices is available at att.com/mobileprotectionpack. Enrolling your mobile number in Mobile Insurance gives you peace of mind knowing you’re covered for loss, theft, damage (including liquid damage) and out-of-warranty malfunction. Coverage applies to your mobile number whether enrolled in Mobile Insurance alone or in AT&T Mobile Protection Pack. Get reconnected quickly. Your replacement is shipped overnight and, in most cases, received the next day. You can file your claim online in less than 10 minutes. Go to phoneclaim.com/att to get started or call 1-888-562-8662. All the coverage you need Just for clarity. Mobile Insurance is optional insurance coverage that you are not required to purchase in order to purchase services or devices. Program enrollment and replacement authorization shall be at the sole discretion of Continental Casualty Company, a CNA member company, and Asurion, the plan administrator, or any other authorized representative of CNA, in accordance with the terms of the Coverage Certificate and applicable law. Filing a claim is easy. File lost, stolen, damaged and out-of-warranty claims quickly and easily online or over the phone. Your replacement is shipped overnight and, in most cases, received the next day. You can receive status updates and tracking information via email. For your convenience, the nonrefundable deductible associated with your device model is billed to your monthly wireless billing statement. • Visit phoneclaim.com/att or call Asurion at 1-888-562-8662. Asurion representatives are available to help. Monday through Friday from 7 a.m. to 9 p.m. CST; Saturday and Sunday from 10 a.m. to 7 p.m. CST. • Have the make and model of your device available. • For lost and stolen claims, please contact AT&T Customer Care at 1-866-MOBILITY to temporarily suspend service and prevent unauthorized use. • All claims must be filed within 60 days of incident. • If your device is defective or has been damaged, it must be returned using the prepaid shipping label provided with your replacement. Non-return charges of up to $850 may be added to your wireless bill for failure to return your defective or damaged device. Partial list of devices covered by Mobile Insurance. Device Tier 1 Device Tier 2 Device Tier 3 HTC One™ VX (PM36100) Lenovo® IdeaTab™ (A2107) LG A340™ LG Escape™ (P870) LG Xpression™ (C395) Nokia Lumia™ 820 Pantech Breeze™ III (P2030) Pantech Burst™ (P9070) Pantech Discover™ (P9090) Pantech Flex™ (P8010) Pantech Renue™ (P6030) RIM BlackBerry® Curve™ Samsung Galaxy Exhilarate™ (SGH-i577) Samsung Rugby Pro™ (SGH-i547) Samsung Rugby® II (A847) All LaptopConnect devices (data cards and MiFi® devices) Wireless Home Phone HTC Inspire™ (PD98120) Windows® Phone 8X by HTC (PM23300) Motorola ATRIX™ HD (MB886) Nokia Lumia™ 920 Pantech Element™ Tablet (P4100) RIM BlackBerry® Bold™ Samsung Galaxy Express™ (SGH-i437) Sony Xperia™ TL (LT30at) Apple® iPhone® 4 Apple® iPhone® 4S Apple® iPhone® 5 Apple® iPad® (all models) HTC One™ X+ (PM63100) HTC Vivid™ (PH39100) RIM BlackBerry® Torch™ Samsung Galaxy Note® II (SGH-i317) Samsung Galaxy Tab® 2 10.1 (i497) Samsung Galaxy S® III (SGH-i747) The table on the previous page includes a partial list of devices provided by AT&T with associated deductible amounts effective on 8/16/13. For a complete and current list, please visit att.com/mobileinsurance or call Asurion at 1-888-562-8662. The comprehensive list on the website is updated regularly to include new models. Some devices may be moved to a different deductible tier during their lifecycle. Unless otherwise licensed, AT&T associates are not qualified or authorized to evaluate the adequacy of your existing insurance coverage. Questions regarding this program should be directed to CNA’s licensed agent, Asurion Protection Services, LLC. The included Coverage Certificate may provide a duplication of coverage already provided by a consumer’s personal auto insurance policy, homeowner’s insurance policy, renter’s insurance policy, personal liability insurance policy, or other source of coverage. Asurion and CNA strive to satisfy every customer and ask that you allow us the opportunity to resolve any question, concern or complaint you may have by calling us at 1-888-562-8662. The included Coverage Certificate is the entire agreement between the insurer and you. Please refer to the Coverage Certificate for complete terms and conditions of the coverage provided. For questions, or to obtain a full-size copy of the insurance Coverage Certificate, please contact: Asurion Protection Services, LLC Asurion Protection Services Insurance Agency, LLC Customer Care P.O. Box 411605 Kansas City, MO 64141-1605 CA License #OD63161 1-888-562-8662 For Residents of California, Indiana and Maryland Consumer hotline for the California Department of Insurance is 1-800-927-HELP (4357), for the State of Indiana Department of Insurance is 1-800-622-4461, and for the Maryland Insurance Administration is 1-800-492-6116. NOTE: Any person who knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim on an application containing any false, incomplete or misleading information is guilty of insurance fraud. In Florida, such conduct is a felony of the third degree. THE COVERAGE CERTIFICATE CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE SUBMISSION OF ALL DISPUTES (EXCEPT WHERE EXPRESS EXEMPTIONS ARE PROVIDED) TO FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION VIII.G OF THE COVERAGE CERTIFICATE. Taxes and surcharges extra. Offers may be modified or discontinued at any time. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other trademarks are the property of their respective owners. © 2013 AT&T Intellectual Property. All rights reserved. CONTINENTAL CASUALTY COMPANY Chicago, Illinois Commercial Inland Marine Communications Equipment Coverage Certificate Some provisions in this Coverage Certificate (“Certificate”) restrict 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 our “authorized representative” and “lock\line” refer to lock\line, LLC except as follows: in some jurisdictions lock\line, LLC does business as lock\line Insurance Agency. In California, lock\line, LLC does business as lock\line Insurance Agency, LLC (CA license #: OD63161). In Puerto Rico “lock\line” refers to lock\line 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 at www.asurion.com. I. COVERAGE. Subject to all of the terms and conditions of this Certificate, we agree to provide the insurance as stated in this Certificate on a month to month basis, provided that any covered damage or Loss to the Covered Property occurs while your coverage is in effect. Information About Your Coverage With regard to all enrollment requests including those which require a predefined Waiting Period, the coverage specified in this Certificate begins at 12:01 a.m. on the later of the date of such request or the expiration of any predefined required Waiting Period. The 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.F). A.WHAT WE INSURE. We insure your Covered Property for direct physical Loss that results from a covered cause of Loss to Covered Property so long as you remain eligible for coverage. In the event of a covered Loss, our obligation under this Certificate is to repair or replace, at our sole option, the Covered Property. B.COVERED PROPERTY. We cover the Covered Property (as defined in Section IX. DEFINITIONS) of Insured Subscribers enrolled for coverage and on file with us or our authorized representative for direct physical Loss from a covered cause of Loss. Coverage is subject to the terms, conditions, Exclusions, and Limits of Insurance contained in this Certificate. C.PROPERTY NOT COVERED. The following is not covered: 1. Any property or equipment that is not Covered Property. 2. Contraband or property in the course of illegal transportation or trade. 3.Any antenna or wiring attached to, protruding from, or on the exterior of any vehicle or watercraft. 4.Property in transit to you from a manufacturer or seller that is not the Authorized Service Facility. 5.Personalized data such as contact lists, photos, video, and music downloads. Customized software, such as personal information managers (PIM’s) ring tones, games, or screen savers. 6.Covered Accessories will only be covered when they are part of a Loss to Covered Property other than Covered Accessories. 7. Color face plates or other Non-Covered Accessories. 8. Preventive maintenance or preferential adjustments. D.COVERED CAUSE OF LOSS. We cover all risk of direct physical Loss to Covered Property regardless of other insurance you may have except that we do not cover those causes of Loss listed in the Exclusions (Section II). E. PAYMENT OF PREMIUMS. Monthly premiums will be charged each month to your regular account with your Service Provider for transmittal to us based upon the equipment category class of your Covered Property as follows: All eligible equipment types: $6.99 per month F. WHEN COVERAGE IS EFFECTIVE. All coverage is effective at 12:01 A.M. on the effective date of coverage as stated herein. 1.If you submit your request for enrollment for insurance coverage at Initial Activation: Your coverage under this Certificate begins upon our approval. Upon our approval, coverage is retroactive to the date of the submission of your request for enrollment. We or our authorized representative will notify you within 30 days if your request is not approved. 2.If you submit your request for enrollment for insurance coverage after Initial Activation: Your coverage under this Certificate requires the successful completion of a test call to the “Covered Property” prior to becoming effective. Coverage begins upon our approval. Upon our approval, coverage is retroactive to the date of the test call. We or our authorized representative will notify you within 30 days if your request is not approved. Eligibility for enrollment after Initial Activation may be subject to limitation. II. EXCLUSIONS. We will not pay for Loss caused directly or indirectly or resulting from events, conditions or cause of Loss identified in this Section II. Such Losses are excluded regardless of any other cause or event that contributes concurrently or in any sequence to the Loss. A.Indirect Loss, meaning: any delay; loss of market; loss of use or any other consequential loss; interruption of business, or inconvenience; an increase of Loss caused by or resulting from the delay in replacing Covered Property due to interference at the location of replacement or repair by strikers, other persons or any other cause of loss. B.Loss due to the intentional parting of Covered Property by you or anyone entrusted with the property. Loss due to intentional, dishonest, fraudulent or criminal acts by you or your family members; any of your authorized representatives; anyone you entrust with the property; and any of their family members; or anyone else with an interest in the property for any purpose, acting alone or in collusion with others. C.Loss due to obsolescence, including technological obsolescence, of the Covered Property. D.Loss caused by or resulting from change or enhancement in color, texture, or finish. Loss caused by or resulting from expansion, contraction, or any cosmetic damage of Covered Property, however caused. Such excluded causes of Loss include, but are not limited to, scratches, marring, and cracked displays that occur to Covered Property that do not affect the mechanical or electrical function of the Covered Property. E. Loss caused by or resulting from faulty repair, adjusting, installation, servicing or maintenance, unless fire or explosion ensues and then only for Loss by ensuing fire or explosion. Loss caused by or resulting from unauthorized repair or replacement. F. Loss caused by or resulting from the discharge, dispersal, seepage, migration, release or escape of Pollutants. G.Loss caused by or resulting from use of the Covered Property in a manner for which it was not designed or intended by the manufacturer. Loss caused by or resulting from failure to follow the manufacturer’s installation, operation or maintenance instructions. H.Loss caused by or resulting from error or omission in design, programming, system configuration, faulty construction, or any original defect in any Covered Property, or manufacturer’s recall. Loss due to Mechanical and/or Electrical Failure occurring during the term of the manufacturer’s warranty. I. Loss or damage to or of batteries (unless otherwise covered as a Covered Accessory when part of a Loss to other Covered Property) is not covered. Loss or damage to or of personalized data, such as contact lists, photos, video, and music downloads is not covered. Loss or damage to or of customized software, such as personal information managers (PIM’s), ring tones, games, or screen savers is not covered. Loss or damage to or of antennas, external housings, or casings that does not affect the mechanical or electrical function of the Covered Property is not covered. J. Loss caused by or resulting from normal wear and tear, gradual deterioration, inherent vice or latent defect. K. Any Loss or damage caused by or through or in consequence, directly or indirectly, of Computer Virus, whether intentional or unintentional, and whether such loss be direct or indirect, proximate or remote or be in whole or in part caused by, contributed to or aggravated by the covered causes of Loss insured against under this Certificate. L. Any Loss or damage caused by or through or in consequence, directly or indirectly, of Nuclear Hazard, meaning any weapon employing atomic fission or fusion; or nuclear reaction or radiation or radioactive contamination from any other cause; but we will pay for direct physical Loss caused by resulting fire, if the fire would be covered under this Certificate. Loss caused by or resulting from war, including undeclared or civil war; warlike action by a military force, including action hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellions, revolution, usurped power of action taken by government authority in hindering or defending against any of these. Loss caused by or resulting from Governmental Action, meaning seizure or destruction of property by order of governmental authority including economic and trade sanction as provided under applicable law and U.S. Treasury Department guidelines. III. LIMITS OF LIABILITY. A.PER OCCURRENCE LIMITS. A per occurrence limit of U.S. $1,500, applies to each covered Loss for repair or replacement due to Loss or damage to the Covered Property for any one Insured Subscriber. For any one Loss, we will not pay for replacement equipment having a manufacturer’s suggested retail value of, or for repair costs that are, more than the per occurrence limit, less the applicable deductible set forth in Section IV. B.AGGREGATE LIMITS. A maximum of two (2) replacements or repairs of Covered Property will be allowed per Insured Subscriber in any one twelve (12) month period. The twelve month period is calculated based on the Date of Replacement for each covered Loss. IV. DEDUCTIBLE. Each replacement or repair of an item of Covered Property is subject to a nonrefundable deductible per covered Loss as set forth in the deductible schedule below, which you must satisfy before we will authorize a replacement or repair. The applicable deductible is set forth in the deductible schedule below. Deductibles Applicable to Each Replacement or Repair Deductible Equipment Tier 1 Equipment Tier 2 Equipment Tier 3 $50 $125 $199 NOTE: An additional nonreturned equipment charge may apply (See Section VI.F) for causes other than loss or theft if you fail to return the Covered Property as directed at the time of Loss. V. CONDITIONS IN THE EVENT OF LOSS. Subject to the terms and conditions set forth in this Certificate, we will make good any Loss covered under this Certificate. A.In the event of a covered Loss, we will arrange for the replacement, or at our sole option, the repair, of the Covered Property through the Authorized Service Facility. B.An Insured Subscriber will not be entitled to receive cash in lieu of actual replacement or repair of the Covered Property. C.Replacement equipment may, at our option, be refurbished equipment or different equipment of like kind and quality. D.Replacement equipment will be approved equipment for use on the network of the Service Provider and in the same equipment category as the Covered Property at the time of Loss. E. Equipment failure evaluation performed by the Service Provider and/or our authorized representative and/or the manufacturer may be required prior to approval of your request for repair or replacement of the Covered Property. VI. DUTIES IN THE EVENT OF A LOSS. A.In the event that your Covered Property is lost or stolen, you must notify your Service Provider as soon as possible to suspend service. B.If a claim involves a violation of law or any loss of possession, you agree to promptly notify the law enforcement agency with jurisdiction and obtain confirmation of this notification. C.You must report the Loss promptly to us not later than sixty (60) days from the date of Loss. If you do not report the Loss within sixty (60) days, you will have forfeited your claim. You must submit all claims through our authorized representative for our approval prior to repair or the delivery of replacement equipment. Any claims that are not submitted through our authorized representative for our approval will not be honored and fulfilled. D.You will do what is reasonably necessary to minimize the Loss and to protect the Covered Property from any further Loss. E. For Loss resulting from attempted theft, vandalism or lost equipment, you must provide us with a detailed proof of Loss statement, a police report case number, and/or a copy of the police report within sixty (60) days of the date the Loss is reported and prior to repair or receipt of replacement equipment. F. If the cause of Loss is not loss or theft, you must keep the Covered Property until your claim is completed. We may require you to return the Covered Property to us at our expense. If we so direct, you must return the Covered Property to us in the return mailer we provide within ten (10) days or pay the nonreturned equipment charge applicable to the model of Covered Property that suffered the Loss. YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE COVERED PROPERTY AS DIRECTED. G.In the event of a covered Loss, you must permit us to inspect the property and records proving the Loss. You must cooperate in the investigation of such claim. If requested, you must permit us to question you under oath, at such times as may be reasonably required, about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed and may be recorded. H.In the event of a covered Loss, you may be required to provide a copy of the original bill of sale. You may also be required to present, or provide a photocopy of, a government issued photo I.D. I. You must provide us with all of the necessary information required to approve your claim for replacement or repair of the Covered Property within sixty (60) days of the date that you report your Loss to us. Your failure to take delivery of repaired or replacement equipment within sixty (60) days of our claim approval will result in forfeiture of the repaired or replacement equipment and your claim under this Certificate. J. In the event of a covered Loss, you must satisfy the nonrefundable deductible applicable to the Loss. VII. ELIGIBILITY AND CANCELLATION. A.Cancellation or Non-renewal Provisions. 1.You may cancel coverage under this Certificate by mailing or delivering to us advance written notice stating when such cancellation is effective. You may send your written notice to our authorized representative as follows: The lock\line Customer Care Center, P.O. Box 411605, Kansas City, MO 64141-1605. 2.We may cancel or non-renew this Certificate by having a written notice of cancellation or non-renewal mailed or delivered to you, and by delivering notice electronically to the Named Insured Service Provider at least: a. Ten (10) days before the effective date if we cancel for nonpayment of premium; or b.Forty-five (45) days before the effective date of cancellation or non-renewal if we cancel or non-renew for any other reason; except where longer notice is required by applicable law, in which case the appropriate timely notice will be given. NOTE: Continued eligibility for this insurance ceases and coverage will automatically terminate upon our second (2nd) replacement or repair of Covered Property during any one twelve (12) month period beginning with the Date of Replacement for the first replacement or repair. We will forward a notice of ineligibility to you, by mail, email or fax at the time of the second (2nd) replacement or repair. You will remain ineligible for a period of twelve (12) months commencing on the Date of Replacement for the second (2nd) replacement or repair. (See Section III.B). 3. Notice will be mailed or delivered to you at the last address known to us or as otherwise authorized by you. 4. Notice of cancellation or non-renewal will state the effective date of cancellation or non-renewal and all insurance under this Certificate will end on that date. 5. If coverage under this Certificate is cancelled, you will be refunded any unearned premium due in accordance with applicable law. 6. If cancellation or non-renewal notice is mailed, proof of mailing will be sufficient proof of notice. B.To be and remain eligible for coverage: 1. You must have activated communications service directly with your Service Provider and be a valid, active and current subscriber of your Service Provider to be covered under the Policy. Covered Property must be actively registered on the Service Provider’s network on the date of loss and have logged airtime prior to the date of loss. 2. The Covered Property must be designated by us and eligible for coverage under this Certificate. Eligibility may be limited to new equipment that has not been previously activated for service. 3. You must not have engaged in fraud or abuse with respect to this or a similar communications equipment insurance program. 4. You must not have exhausted the benefits available under a CNA coverage certificate issued through your Service Provider by exceeding the aggregate limit. (See Section III.B). 5. You must not be in breach of any material term of this Certificate, including, but not limited to: Failure to return damaged Covered Property when requested in conjunction with a covered Loss; or, failure to satisfy the required deductible on a covered Loss. C.You are responsible for the payment of all premiums, per the terms of this Certificate, as listed on your account from your Service Provider. D.The insurance provided under this Certificate is provided on a month to month term basis unless: you cease to be a valid, active and current subscriber of your Service Provider; or you or your Covered Property cease to be eligible for coverage. VIII. ADDITIONAL CONDITIONS. A.All claims for covered Loss under this Certificate will be made good within thirty (30) days after presentation and acceptance of satisfactory proof of interest and Loss to our authorized representative and satisfaction by you of your Duties in the Event of a Loss. We will ship approved replacement equipment or repaired equipment directly to you within the United States; however, we may require you to pick up your replacement or repaired equipment at an Authorized Service Facility. B.If we and you disagree on the value of the Covered Property or the amount or satisfaction of Loss, either may elect arbitration pursuant to Section VIII.G. below. C.Any recovery or salvage on a Loss will accrue entirely to our benefit until the expense incurred by us has been made up. Upon our request, you will return to us any damaged equipment. All Covered Property which we replace is the property of CNA and may be disabled, destroyed or reused. We will not provide replacement equipment if you are in breach of the terms of this Certificate due to: failure to return damaged Covered Property when requested in conjunction with a prior covered Loss; or, due to your failure to satisfy the nonreturned equipment charge or deductible on a covered Loss. D.No person or organization, other than you, having custody of Covered Property, will benefit from this insurance. E. If any Insured Subscriber to or for whom we honor a claim under this Certificate has rights to recover damages from another, those rights are transferred to us. That Insured Subscriber must do everything necessary to secure our rights and must do nothing after a Loss to impair them; but you may waive your rights against another party in writing: 1. Prior to a covered Loss. 2. After a covered Loss, only if, at time of Loss, that party is one of the following: a. someone covered under this Certificate; b. a business firm; i. owned or controlled by the Insured Subscriber; or ii. that owns or controls the Insured Subscriber; or iii.the Insured Subscriber’s tenant. This will not restrict the Insured Subscriber’s coverage. F. Concealment, Misrepresentation or Fraud. This coverage is void in any case of fraud, intentional concealment or misrepresentation of a material fact, at any time, concerning: 1. This coverage; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Certificate. G.Arbitration. The coverage provided to you by this Certificate is in connection with and related to services provided to you by your Services Provider. In order to facilitate prompt resolution of any disputes which may arise, any and all claims, disputes or controversies of any nature whatsoever, regardless of when the circumstances surrounding the dispute or controversy occurred, and regardless of whether in contract, tort, or otherwise (including statutory, common law, fraud, fraudulent inducement, other intentional tort, property and equitable claims) arising out of, relating to, or in connection or conjunction with: (1) the Certificate, or the policy under which it is issued; (2) any activities, transactions, services or interactions of any kind involving you and us, or between you and any of our employees, agents, representatives or associated businesses in any way involving any activities, transactions, services or interactions involving or related in any way to the Certificate; or (3) the validity, scope or enforceability of this arbitration provision or the Certificate (the “Claim”) shall be resolved, on an individual basis, by final and binding arbitration. All arbitration shall be administered by the American Arbitration Association (the “AAA”) in accordance with its Wireless Industry Rules and Procedures (the “Arbitration Rules”) in effect at the time the Claim is filed. The Arbitration Rules, as well as forms and information on arbitration in general may be obtained by calling our authorized representative, lock\line at 1-888-562-8662, or by visiting AAA’s website at www.adr.org. Any arbitration which you attend will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. The Arbitration Rules provide that for claims under $10,000, we will advance the administrative fee payable to AAA and your portion of the arbitrator’s fees may be waived in the case of economic hardship. The arbitrator shall apply relevant, substantive law and applicable statutes of limitation and shall provide written reasoned findings of fact and conclusions of law. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the arbitration provision. The arbitrator’s decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction over this matter. YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION CLAUSE NEITHER YOU NOR WE WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED BELOW OR TO HAVE A JURY TRIAL. IN ACCORDANCE WITH THE ARBITRATION RULES, HOWEVER, YOU MAY, AT YOUR ELECTION, PURSUE AN ACTION AVAILABLE IN SMALL CLAIMS COURT IN LIEU OF ARBITRATING THE DISPUTE. If you are a resident of Arkansas, Kentucky, Louisiana, Massachusetts, Mississippi, Montana, South Carolina, or Virginia; or if the above arbitration provisions are determined to be invalid or unenforceable with respect to you, the following applies: any award rendered in accordance with the arbitration provisions herein shall constitute a nonbinding award on you, provided that within forty-five (45) days of the arbitrator’s award you file a legal proceeding in the appropriate federal, state or local court, based on the same issue and facts as raised by you in the arbitration proceeding. Under no circumstances shall an issue be raised in a federal, state or local court until such time as both you and we first address our disagreement in an arbitration proceeding and obtain an arbitration award pursuant to the arbitration provision set forth above. H.No one may bring legal action, including arbitration, against us under this Certificate unless: 1. there has been full compliance with all terms of this Coverage Certificate; and 2. the action is brought within two (2) years or any longer period as stated in the policy or any endorsement thereto after you first have knowledge of the Loss or other events that are the basis of the action. I. The coverage territory is worldwide but the cost of replacement or repair will be valued in U.S. currency at the time of replacement or repair. J. You may not assign this Certificate without our written consent. K. If you have a Loss to Covered Property that is part of a pair or set, we will only cover for a reasonable and fair proportion of the total value of the pair or set. We will not cover based on a Loss to the entire pair or set. L. We may make available to you other limited benefits or services related to your Covered Property where available. These may include: Property location or recovery services; data management or recovery services; equipment service and maintenance; reduced cost upgrade or purchase benefits or other services provided through your Service Provider or other authorized service facilities. M.We agree that any terms of this Certificate not in conformity with applicable law are conformed to comply with such law. If any portion of this Certificate is deemed invalid or unenforceable, it shall not invalidate the remaining portion of this Certificate. N.This Certificate contains all the agreements between you and us concerning the insurance afforded. This Certificate’s terms can be amended or waived only by issuance of a new Certificate or endorsement issued by us and made a part of this Certificate. O.We retain the right to revise this Certificate at any time and adjust the coverage terms including the premium and the deductible. In the event of any material change in the coverage terms premium or the deductible, you will be provided advance written notice of such changes. You may cancel coverage at any time without penalty, but if you continue to pay premiums after a change in premiums, coverage terms or the deductible, you will be bound by those changes. IX. DEFINITIONS. A.“Authorized Service Facility” means: The location or locations that serve as a replacement or repair facility for the program and supply replacements for or undertake repairs of Covered Property. Selection of the Authorized Service Facility will be at the sole discretion of us or our authorized representative. B.“Computer Virus” means: Any unauthorized intrusive codes or programming that are entered by any means into covered data processing equipment, media, software, programs, systems or records and interrupt the operations of Covered Property. C.“Coverage Certificate,” “Certificate,” or “Certificates” means: This Commercial Inland Marine Communications Equipment Insurance Coverage Certificate. D.“Covered Accessories” as used in this Certificate means: if part of the covered “Loss”; one standard battery, one standard charger, one SIM Card (if applicable) and may include one of the following at your option (if part of the covered loss): one carrying case, one automobile cigarette lighter adapter, or one standard wired earbud (not wireless or other specialty earpieces such as Bluetooth). Covered Accessories do not include memory cards or any other accessories not specifically listed as covered. E. “Covered Property” as used in this Certificate means: (1)One wireless telephone owned by you and actively registered on the Service Provider’s network and for which airtime has been logged after enrollment. Covered Property is limited to one wireless telephone and applicable Covered Accessories per replacement. The International Manufacturer’s Equipment Identification (IMEI), Electronic Serial Number (ESN), Unique Device Identifier (UDiD) or other unique identification number of the wireless telephone associated with your account in the records of the Service Provider at the time your coverage initially becomes effective and for which air time has been logged indicates the wireless telephone to be considered Covered Property unless you have logged airtime on a different wireless telephone immediately prior to the time of Loss, in which case the Covered Property is the wireless telephone (a) for which airtime usage has been logged by your Service Provider immediately prior to the time of Loss; or (b) for which you have provided a Proof of Purchase to Asurion and the Service Provider; or (2)one netbook, notebook, laptop or other similar device (“portable electronic device”) purchased from the Service Provider with an active data plan and actively registered on the Service Provider’s network and for which airtime has been logged after enrollment. Covered Property is limited to one portable electronic device and standard charger, if part of the covered Loss, per replacement. The International Manufacturer’s Equipment Identification (IMEI) or other unique identifier of the portable electronic device associated with your account in the records of the Service Provider at the time your coverage initially becomes effective and for which air time has been logged indicates the portable electronic device to be considered Covered Property unless you have logged airtime on a different portable electronic device, which was purchased from the Service Provider, immediately prior to the time of Loss, in which case the Covered Property is the portable electronic device (a) for which airtime usage has been logged by your Service Provider immediately prior to the time of Loss; or (b) for which you have provided a Proof of Purchase to Asurion and the Service Provider. F. “Date of Loss” is the date on which a Loss to the Covered Property occurs. G.“Date of Replacement” is the date on which replacement or repaired equipment is shipped to you, or the date on which you pick up the replacement or repaired equipment at an Authorized Service Facility, as a result of a covered Loss. H.“Initial Activation” means: The time of initial activation of the Service Provider’s service for the Covered Property. I. “Insured Subscriber” or “Insured Subscribers” means: The customers of the Service Provider who have been enrolled and accepted for coverage under this Certificate; and for whom we or our authorized representative have on file a complete description of the Covered Property; and who have, before the Date of Loss in question, paid all premiums payable with respect to the Covered Property. J. “Loss” and “Losses” means: Accidental loss, theft, or physical damage, including Mechanical or Electrical Failure occurring outside the term of the manufacturer’s warranty. K. “Mechanical or Electrical Failure” means: Failure of “Covered Property” to operate due to a faulty part or workmanship when operated according to the manufacturer’s instructions. L. “Non-Covered Accessories” as used in this Certificate means: All accessories not included in the definition of Covered Accessories. M. “Pollutants” means: Any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals, artificially produced electric fields, magnetic field, electromagnetic field, sound waves, microwaves, and all artificially produced ionizing or non-ionizing radiation and waste. Waste includes materials to be recycled, reconditioned or reclaimed. N. “Service Provider” means: AT&T. X. STATE CHANGES. Terms and conditions vary for Certificates issued and Insured Subscribers residing in select jurisdictions as set forth below. Alabama: Section VIII.G. Arbitration does not apply. Alaska: A loss may be caused by a chain of causes. If a Covered Cause of Loss is the dominant cause of such a loss, we will not deny coverage on the basis that a secondary cause in that chain is not a Covered Cause of Loss. Illinois: You shall have fifteen (15) days after enrollment to determine if you wish to reject coverage provided that no claim is made during the fifteen (15) day period. Making any claim during this period of time constitutes acceptance of the coverage by you. If you notify us at the address provided below that you wish to reject coverage within this period and no claim has been made, we will rescind coverage and refund 100% of the premium paid for the term of coverage. Iowa: Section VIII.G. Arbitration does not apply. Kansas: Section VIII.G. Arbitration does not apply. Maryland: (i) Section VII. A. 2. is amended as follows: We may cancel or non-renew this Certificate by having a written notice of cancellation or non-renewal mailed to you and to the Named Insured Service Provider. (ii) Section VII.A.2.b. is amended as follows: (1) “Forty-five (45) days” is amended to “Sixty (60) days,” and (2) Coverage will be cancelled and any notice of ineligibility will be sent to you by certificate of mail. (iii) Section VII.A.3 is amended to provide that notice will be sent to you by certificate of mail. (iv) Section VIII.F is amended to provide that coverage will be cancelled in any case of fraud, intentional concealment or misrepresentation of a material fact. (v) Section VIII.G Arbitration does not apply. (vi) Section VIII. H. 2. is amended as follows: “two (2) years” is amended to “three (3) years from the date it accrues.” Missouri: Section VIII.G. Arbitration does not apply. Nebraska: Section VIII.G. Arbitration does not apply. New York: Section VIII.G. Arbitration does not apply. Nevada: The following is added to Section VIII.O.: Except as otherwise provided by law, we will provide you such notice at least sixty (60) days prior to such changes. Such changes will only be made on any six month anniversary date of the Policy. Oklahoma: Section VIII.G. Arbitration is amended to include the following additional language. If an arbitration decision is not issued within three months of the demand for arbitration, the Insured Subscriber, provided they are not the cause of the delay, may elect to proceed in court. Oregon: NOTE “B” below does not apply. Puerto Rico: Provided you have not presented a claim, you may, within 30 days of enrollment, cancel coverage as of your original effective date of coverage and receive a refund or credit on your bill for the full premium paid by writing to: Cancellation Request, Post Office Box 411605, Kansas City, MO 64141-1605. South Dakota: Section VIII.G. Arbitration does not apply. United States Virgin Islands: In Section VII.A.2.a., “Ten (10) days” is amended to “Fifteen (15) days.” The following replaces Section VII.A.6: Any such notice will be provided by certified mail. Section VIII.G. Arbitration does not apply. Washington: We will not pay for Loss caused directly or indirectly by any of the above excluded causes of Loss, and such Loss is excluded regardless of any other cause or event that contributes concurrently to the Loss if the excluded event initiates the sequence of events that result in a Loss. Any notice of cancellation will include the actual reason for cancellation and any notice of non-renewal will be provided to the Insured Subscribers impacted by any such non-renewal at least forty-five (45) days before the expiration of the Policy. Section VII.A.1. is deleted and replaced with: You may cancel coverage under this Certificate stating when such cancellation is effective by giving us advance notice of such cancellation by mail, fax or email, or by surrender of the Certificate to us or our authorized representative, or by verbal notice to us or our authorized representative. You may provide your notice to our authorized representative as follows: The lock\line Customer Care Center, P.O. Box 411605, Kansas City, MO 641411605. Upon receipt of your notice of cancellation, we will promptly cancel this Certificate effective the later of the date notice is received, or the effective date you request for cancellation. West Virginia: The phrase “thirty (30) days” in Section VIII.A. above is deleted and replaced with the phrase “fifteen (15) days”. Section VIII.G. Arbitration is deleted in its entirety. NOTE: A. THIS CERTIFICATE MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY YOUR PERSONAL AUTO INSURANCE POLICY, HOMEOWNER’S INSURANCE POLICY, PERSONAL LIABILITY INSURANCE POLICY, OR OTHER SOURCE OF COVERAGE. B. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF INSURANCE FRAUD. IN FLORIDA, SUCH CONDUCT IS A FELONY OF THE THIRD DEGREE. Any questions regarding the coverage provided under this Certificate should be directed to our authorized representative as follows: The lock\line Customer Care Center Post Office Box 411605 Kansas City, MO 64141-1605 1-888-562-8662 CIM-CE-Cert-2.0 [Ed. 08/05] V. C-ME-6 Continental Casualty Company’s Program Administrator/authorized representatives for the captioned policy and Coverage Certificates, lock\line, LLC and its affiliates, have changed their names. Throughout your Coverage Certificate issued by Continental Casualty Company, all references to “lock\line” are replaced by “Asurion.” References to “lock\line LLC” are replaced by “Asurion Protection Services, LLC.” References to “lock\line Insurance Agency, LLC” are replaced by “Asurion Protection Services Insurance Agency, LLC” and any reference to “lock\line of Puerto Rico, Inc.” is replaced by Asurion Protection Services of Puerto Rico, Inc. In all other respects, the terms and conditions of your Coverage Certificate will remain unchanged and in full force and effect. G-300320-A (6-06) AT&T ENHANCED SUPPORT TERMS OF SERVICE AT&T Enhanced Support service is provided (1) in the 50 states by New Cingular Wireless PCS, LLC d/b/a AT&T Mobility when billed on your AT&T Mobility wireless phone account and AT&T when billed in another manner, (2) when available in Puerto Rico, by AT&T Mobility Puerto Rico, Inc., and (3) when available in the United States Virgin Islands, by CCPR of the Virgin Islands, Inc. (collectively, “AT&T”). These terms of service (“Terms” or “TOS”) constitute the contract between you and AT&T for Enhanced Support service. I. DESCRIPTION OF SERVICES. Enhanced Support is a monthly subscription service that may have a minimum term requirement and may be referred to as Service, Subscription Service, and Enhanced Support Service in these TOS. The Service also may be described at connectech.att.com (“Site”). Reasonable Effort Service. Enhanced Support Services include, but are not limited to, assistance in the areas of troubleshooting, installation, configuration, and setup of certain products, devices, systems, and applications. Services do not include fundamental training needs on software packages nor programming or development support. Services are “reasonable efforts” services. This means that, if your problem should prove more difficult than AT&T can reasonably resolve, AT&T reserves the right, in our sole discretion, to end further efforts to resolve the problem. If AT&T exercises this right, you will remain liable for all service charges. Right to Terminate. AT&T reserves the right to discontinue and terminate Service for abuse, excessive usage, or any other reason in its sole discretion. Refunds. If AT&T exercises its right to end or terminate Service and AT&T in its sole discretion agrees to pay a refund, such refund will be limited to the one-month price for a Subscription Service with no term, and a prorated amount of service fees paid for a Subscription Service with a minimum term. Remote Access Application. To receive Services, you may be required to download and run certain software applications (on your covered device or hardware) to aid in the diagnosis and provisioning of Services (“Software”). You are prohibited from, and expressly agree not to, copy or modify Software or other materials provided with the Service. You further agree to comply with the terms and conditions that are provided with any Software and, in the event of a conflict, such Software-specific terms and conditions will take precedence over these TOS as to such Software. Other General Terms. A broadband Internet connection is required for the Service. AT&T has limited proprietary information from vendors, manufacturers, and developers and may not have the ability to obtain the proprietary information that may be necessary to resolve a specific technical problem. Technical problems that may arise may be the result of software or hardware errors not yet resolved by the hardware or software manufacturer, in which case AT&T may not be able to resolve the problem. Customers are encouraged to follow a practice of regularly backing up information. AT&T may, but is not required to, decline to proceed with problem resolution if AT&T determines that adequate backup steps are not being taken. Since providing the Service can include steps that you will need to take before the problem can be resolved, such as buying cables, acquiring software, etc., AT&T will keep your ticket open so that it can be referenced again when you are ready to go to the next step. If you cannot pursue the course of action AT&T recommends, AT&T will consider the ticket closed. Representations and Authorizations by Customer. You represent and warrant you are a legal license holder of the software and you own any hardware or network devices you request AT&T to assist you with in association with the Services. AT&T will not assist you if you are not the legal license holder of software and owner of all devices. You authorize AT&T to effect changes to your computer(s) and settings for your computer and other equipment as a result of providing Services. Redemption Period. Unless indicated otherwise, One-Time Remote Service customers are entitled to the right to use the Service once within the thirty (30) calendar days of purchase or eligibility. Supported Devices. Enhanced Support Service includes remote support as described below for one qualifying (i) Feature Phone or Smartphone; (ii) Netbook or Notebook; (iii) LaptopConnect Card or MiFi device; (iv) AT&T 3G Microcell Device; or (v) Tablet Device. Enhanced Support Service is available to AT&T Mobility customers with a qualifying AT&T mobile data plan and supported device. The list of supported devices is available at att.com/mobileprotectionpack or by calling 1-888-562-8662. Enhanced Support Service requires an active qualifying AT&T Mobility account, an existing and functioning high-speed/ broadband Internet connection, compatible home Wi-Fi gateway/router (as applicable), and a functional/working PC with Windows XP or newer OS. Limited support may be available for customers with an Apple computer with Macintosh OS X, 10.4 Tiger or 10.5 Leopard and above. Wireless data usage charges may apply to receive the Service. You are solely responsible for any such wireless data charges. Enhanced Support includes technical and diagnostic support for the Supported Device, operating system and software applications on or intended to be used by the Supported Device and connectivity issues between the Supported Device and a “Connected Device,” which is a device that meets the Supported Device’s connectivity specifications and runs an operating system that is supported by the Supported Device. Enhanced Support does not include: assistance with network coverage issues (for example, dropped calls/data interruptions); over-the-air updates to operating system, firmware, or other software; diagnostic support not related to the Supported Device; modification of OEM software; installation of third-party software or OEM driver not supported by the Supported Device; computer setup, support or repair; home or wireless router/modem or network setup, support or repair; peripheral setup, support or repair; installation of non-sanctioned applications; data migration from computer to computer. II. TOS UPDATES. At the discretion of AT&T, these TOS may be updated from time to time, without prior notice to you; although we will notify you of updates that have a material impact on you. AT&T reserves the right to make any updates by posting the revised TOS on the Site. You can review the most recent version of these TOS at any time on the Site and it is your responsibility to routinely review these TOS. Your continued use of any Service following any change in the TOS constitutes your acceptance of those changes. III. BILLING AND PAYMENTS. Available offers and billing options may vary from time to time and based on customer location, other AT&T services purchased, and additional restrictions and qualifications. Prices for Services are explained and quoted to you at the time of purchase. All charges must be authorized by you in advance and will be billed to a major credit card or on your AT&T U-verse, Mobility or other AT&T bill, depending on the subscription or offer selected when you ordered the Services. If billed by credit card, it is your responsibility to maintain a non-expired and valid credit card on file for billing purposes. You agree to pay all fees and charges specified when you ordered the Services, including any recurring and nonrecurring charges, taxes, fees and assessments applicable to the Services. Subscription Billing and Late-Payment Fees: For Services with a subscription, billing for the Service commences when your order the Service and recurring charges for each months Service may be billed one month in advance. Billing is based on a 30-day cycle. Your first bill for Service may include prorated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. If any portion of payment is received after a late-payment date (for subscription billing), a monthly late charge may be charged to you. The monthly late charge will be administered according to standard AT&T billing procedures and will not exceed the highest amount allowed by law. The late charge will be applied to the entire outstanding balance for each month or portion thereof for which the balance remains unpaid. In the event you fail to pay charges, AT&T is unable to bill you, or AT&T is unable to bill outstanding sums for the Service to your credit card, AT&T reserves the right to bill outstanding sums to your credit card or to your AT&T billing account or to send an invoice directly to you. You will also be charged a fee for any check returned to AT&T relating to the Service. Your service may be suspended or terminated if your payment is past due. AT&T may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse AT&T for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against you or AT&T on the charges and all late payment, interest or other fees as stated on your bill. You expressly authorize, and specifically consent to allowing, AT&T and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by AT&T to you. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to AT&T. You agree and acknowledge that any e-mail address or any other electronic address that you provide to AT&T is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid charges, you agree that in addition to individual person attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system. Early Termination Charge: If a term commitment is agreed to for the Service, and you terminate prior to the end of the term, an early termination charge may apply. If billed by credit card, your failure to maintain a valid card or failure to provide a non-expired card prior to expiration of the card on file may result in termination and an early termination charge may apply. Changes to Fees and Charges: AT&T may, at any time, with notice by e-mail or other means of communication, change the amount of or basis for determining any fee or charge, institute new fees or charges or otherwise modify its billing practices. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. IV. CUSTOMER REPRESENTATIONS AND WARRANTIES. Services cannot be resold to others and they cannot be made available to anyone outside of family members in the same household. Services you purchase are based on specified prices and you are responsible for all applicable taxes based on the location and Services performed. You must be an adult of at least 18 years of age to purchase any Service. By requesting the Service, you confirm you are an adult of at least 18 years of age. All information that you provide to AT&T must be accurate, including your name, address, credit or charge card numbers, expiration dates or any other Service payment information required by AT&T. You further represent that you are authorized to bill the charges to the credit card or, if applicable, the U-verse bill or local telephone bill at the billing address that you provide AT&T. V. PRIVACY. This Service will be subject to AT&T’s privacy policies. If AT&T works with you on any password or other access-control-oriented problems, AT&T strongly recommends that you reset such password(s) immediately following the completion of the Service. See the following link for information: http://www.att.com/gen/privacy-policy?pid=2506 VI. DISCLAIMER OF WARRANTIES. YOUR PURCHASE AND USE OF ANY SERVICE, THE SITE, THE SOFTWARE, AND ANY INFORMATION ON THE SITE IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THESE TOS, AT&T MAKES NO WARRANTY THAT (i) ANY SERVICE, SOFTWARE, AND/OR SITE WILL MEET YOUR REQUIREMENTS, (ii) ANY SERVICE, SOFTWARE, AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE, SOFTWARE, AND/OR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, SOFTWARE,OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH A SERVICE AND/OR SITE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN A SERVICE AND/OR SITE WILL BE CORRECTED. AT&T DOES NOT WARRANT THAT THE SOFTWARE OR SITE WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CODE. IF YOUR USE OF A SERVICE, SOFTWARE, OR THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AT&T IS NOT RESPONSIBLE FOR THOSE COSTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH OR FROM THE SERVICE, SOFTWARE, AND/OR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED IN THESE TOS, THE SERVICES, SOFTWARE, AND THE SITE, AND ANY PARTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. VII. LIMITATION OF LIABILITY. IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA ON YOUR DEVICE MEMORY OR HARD DRIVE(S) PRIOR TO EVERY SERVICE REQUEST. AT&T AND/OR ITS THIRD-PARTY SERVICE PROVIDER SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AT&T AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, WHICH INCLUDES ITS THIRD-PARTY SERVICE PROVIDERS, AS WELL AS ANY AT&T PARENT, AFFILIATE OR SUBSIDIARY COMPANY, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, GOODWILL OR OTHER TANGIBLE INTANGIBLE LOSSES (EVEN IF AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) THE USE OF THE SERVICES, (B) THE CONTENT ON THE SITE, (C) WEBSITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN, (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN OR CONTENT OF, THE SITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE SERVICES, AND/OR (E) THE INABILITY TO USE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AT&T’S TOTAL LIABILITY ARISING OUT OF THE SERVICES, OR FROM AT&T’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE, AT AT&T’S SOLE DISCRETION AND OPTION, TO (a) RE-PERFORM THE SERVICES, (b) REFUND THE CHARGES AND FEES PAID FOR THE SERVICE GIVING RISE TO CLAIM, IF ANY, OR (c), FOR PREPAID SERVICE OFFERINGS, A REFUND OF A PRORATED PORTION OF FEES PAID. THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE AND YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL AT&T BE LIABLE TO YOU FOR ANY MORE THAN THE PERINCIDENT SERVICE FEE FOR THE EVENT GIVING RISE TO THE CLAIM OR ONE MONTH’S SUBSCRIPTION FEE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. VIII. INDEMNIFICATION. You agree to indemnify, hold harmless and release AT&T, its parent, affiliate and subsidiary companies and their directors, officers, employees and agents, which includes its third-party service providers, from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your purchase of any Service and/or the Site. IX. GOVERNING LAW. The law of the state of your billing address shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state of your billing address at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law. X. DISPUTE RESOLUTION BY BINDING ARBITRATION. A. Overview and Summary. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 1-800-344-1734. In the unlikely event that AT&T’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from AT&T to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute. B. Arbitration agreement terms and conditions. 1. AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: •claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; •claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); •claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and •claims that may arise after the termination of this Agreement. References to “AT&T,” “AT&T Mobility,” “you” and “us” include respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. 2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to AT&T should be addressed to: General Counsel, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms. 3. After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. 4. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T’s last written settlement offer made before an arbitrator was selected, then AT&T will: •pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and •pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing and pursuing your claim in arbitration (“the attorney premium”). If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. 5. The right to attorneys’ fees and expenses discussed in paragraph (4) supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs. Although under some laws AT&T may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award. 6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 7. Notwithstanding any provision in this Agreement to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) during the Term, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. XI. IMPORT/EXPORT CONTROL. You acknowledge that Services and Software (including, but not limited to, technical assistance) provided under these TOS may be subject to import or export laws, conventions or regulations, and any use or transfer of the Software or technical information must be in compliance with all such laws, conventions and regulations. You will not use, distribute, transfer or transmit the Software or technical information except in compliance with such laws, conventions and regulations. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any Software, you are agreeing to the foregoing and representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. If requested, you agree to sign written assurances and other documents as may be required to comply with such laws, conventions and regulations. XII. GENERAL INFORMATION. These TOS, and any other policies or guidelines referenced herein, constitute the entire agreement between AT&T and you in connection with a Service. These TOS govern your use of any subscription or term Service, superseding any prior agreements between you and AT&T with respect to the subject matter of these TOS. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of AT&T to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If you violate these TOS, AT&T may in its sole discretion and without notice terminate or suspend your access and use of any subscription Services or cancel any Services ordered but not already provided. You agree that AT&T shall not be liable to you or any third party for any termination of your access to any subscription Service or canceling any Services ordered but not already provided. XIII. RESERVATION OF RIGHTS AND TRADEMARK INFORMATION. You understand and agree you receive no title or right of ownership in the Services or to Software or other materials provided to you in connection with the Services. All title, including but not limited to copyrights and patent rights, in and to the Services, Software, or other materials related to the Services are owned by AT&T or its affiliates, licensors or suppliers. All rights not expressly granted are reserved by AT&T and its affiliates, licensors and suppliers. Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. AT&T, the AT&T logo and all other AT&T marks contained herein are trademarks of AT&T Intellectual Property and/ or AT&T affiliated companies. All other trademarks are the property of their respective owners. © 2013 AT&T Intellectual Property. All rights reserved. To find out how to get started, talk to a sales representative today. INS PD T 1013 1531 E