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Hi Linda Aguilar,
As a valued Cricket Protect customer, we know you rely on your device to stay connected
and trust device protection to keep you connected! Your Cricket Protect plan is changing
on February 14, 2025. This letter provides a summary of the key changes.
Effective February 14, 2025, your monthly charge will not change, and you will have access to
exciting new benefits which are summarized below. Your device tier and replacement deductible
and service fee may change. Replacement devices will include the charging cord and SIM,
instead of the complete charger and SIM. Please review the enclosed terms and conditions
effective February 14, 2025 for complete program details.
Starting February 14, 2025, Cricket Protect will include the following changes:
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myPhotoVault app3 Unlimited storage with myPhotoVault app for one eligible device
Cracked Screen
$0 cracked screen repair (for eligible smartphones)
Repair Deductible1
Battery Replacement
$0 battery replacement (for eligible smartphones)
Service Fee2
Device Replacement Tier 1: $10, Tier 2: $40, Tier 3: $75, Tier 4: $130, Tier 5: $250
Deductibles and Your device tier may change. Find device tier in the deductible table in Cricket Protect
Service Fees Terms and Conditions effective February 14, 2025, or asurion.com/cricket.
Covered Includes the device and battery, and if part of the covered loss, charging cord
Equipment and SIM
Replacement Replacement devices may be new or refurbished of the same or a like kind
Devices and quality model. Phone color, brand, model and features may be different.
Compatibility of accessories is not guaranteed.
Cancellation Cricket Protect auto-renews monthly until canceled. Cricket Protect is optional
and can be canceled at any time by calling 1-800-274-2538. You will receive a
prorated refund of any unearned monthly premium/charges. We may cancel or
change terms by giving you prior written notice as required by law.
Arbitration The Terms and Conditions contain binding Arbitration Agreements, which are enclosed
or can be obtained by visiting asurion.com/cricket.
* The monthly charge for Cricket Protect includes the cost of insurance provided in the program.
New York customers are excluded from the plan changes effective February 14, 2025. If you change your Cricket
address to a New York address after February 14, 2025, you may no longer be eligible for the Cricket Protect plan.
Payment of your monthly charge for your first billing cycle on or after February 14, 2025, will confirm that you
accept these changes and wish to continue your enrollment.
Asurion may send you program communications, including legal notices and terms and conditions, electronically
using the last email address on file with Cricket, the mobile number identified in the Cricket system as the account
owner and/or any other email address or mobile number you provide to Cricket or Asurion, unless prohibited by
state law. If electronic delivery is not possible, this information will be mailed to you. Legal notices will not be sent
to New York customers electronically.
If you have questions about your enrollment or to cancel, please call 1-800-430-7565.
Cricket Protect is a combination of Cricket Protect Insurance and Cricket Protect Service Warranty. Cricket Protect Insurance is insurance coverage underwritten by Continental
Casualty Company, Chicago, IL, a CNA company (CNA), and administered by Asurion Protection Services, LLC (In Iowa, Lic. #1001002300, in California, Asurion Protection
Services Insurance Agency, LLC, CA Lic. #OD63161, in Puerto Rico, Asurion Protection Services of Puerto Rico, Inc.), a licensed agent of CNA. The Cricket Protect Service
Warranty is provided by Asurion Warranty Protection Services, LLC, or one of its affiliates. Cricket Protect Service Warranty is a service contract that is separate and distinct
from any product or service warranty which may be provided by the manufacturer, importer, or seller, and does not extend the term of any original product or service warranty
that the manufacturer, importer, or seller may have provided.
1
Limited to eligible devices in select areas, based upon parts and technician availability. Visit asurion.com/cricket or call 855-309-8342 to check current eligibility.
Same-day repair option depends upon claim approval time, parts and technician availability. Repairs are performed by an Asurion-certified technician and come with a
12-month limited warranty. Repairs may use new or refurbished parts; may contain original or non-original manufacturer parts; and may void the manufacturer warranty.
2
Subject to eligible wireless phones outside of manufacturer’s warranty period that power on but fail to hold an electrical charge in accordance with the applicable
performance threshold as shown on asurion.com/cricket. Available for select devices in select areas. Battery replacements come with a 60-day limited warranty.
3
The Asurion and myPhotoVault apps require a compatible device with Cricket Wireless service. Technical limits may prevent certain features from working on all devices. There
may be limitations on the size of each video that can be backed up and secured with the myPhotoVault app. App functionality requires device powered on and connected to the
internet. Data charges may apply for app download. Accuracy, availability and timeliness are not guaranteed. Free versions of the apps with limited features are also available.
The Asurion app, myPhotoVault and other related apps provided by Asurion Mobile Applications, LLC. Only available for devices running iOS 9.0 and up, or Android 5.0 and up.
4
For select devices, services may include device cleaning in select locations. Device cleaning availability is contingent upon certain criteria, including location, technician
availability, and device type. Device cleaning may be provided with Cricket Protect repairs or may be accessed by scheduling an appointment at my.asurion.com.
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We’ve got
you covered
Cricket Protect
Terms and Conditions
Effective February 14, 2025
CRK_PROT_RED_TC_10.24
Detailed terms and conditions.
Click on the link below to go to the desired document.
2
Cricket Protect Summary of Key Terms and Conditions
Monthly Charges* Tier 1-4: $8
(depending on Device Tier) Tier 5: $12
Coverage Cricket Protect Insurance: loss, theft, and accidental or liquid damage
Cricket Protect Service Warranty: out-of-warranty mechanical and/or electrical malfunctions and technical
support features
Insurance and Service Contract Unlimited number of claims
Claim Limits Maximum Device Value: $2,500 per claim
Cracked Screen Repair Deductible $0 for eligible devices
Battery Replacement Service Fee $0 for eligible devices
Replacement Deductibles/ Service Fees** Tier 1: $10
(depending on Device Tier) Tier 2: $40
Tier 3: $75
Tier 4: $130
Tier 5: $250
Replacement Devices Replacement devices may be new or refurbished of the same or a like kind and quality model. Phone color, brand,
model and features may be different. Compatibility of accessories is not guaranteed.
Device Repairs, including Battery All Repairs: Repairs are limited to eligible devices in select areas, based upon parts and technician availability.
Replacements Visit asurion.com/cricket or call 855-309-8342 to check current eligibility. Same-day repair option depends upon
claim approval time, parts and technician availability. Repairs are performed by an Asurion-certified technician and
come with a 12-month limited warranty. Repairs may use new or refurbished parts; may contain original or non-
original manufacturer parts; and may void the manufacturer warranty.
Repair by Battery Replacement: If a device is outside the manufacturer’s warranty period and powers on but
fails to maintain an adequate charge after diagnostic testing, we will repair the device by replacing the battery.
Enrollment Enrollment is optional and will continue to auto-renew monthly until canceled.
Covered Equipment Includes the device and battery, and if part of the covered loss, charging cord and SIM.
For coverage to apply, you must own or lease the device, and have used the device (logged use of voice or data) on
your wireless number after enrollment. Coverage applies to the most recently used device on your wireless number.
Cancellation You can cancel your optional coverage at any time by calling 1-800-274-2538, and you will receive a prorated
refund of any unearned monthly premium/charges. We may cancel or change terms by giving you prior written
notice as required by law.
Bring Your Own Device (BYOD) When you bring your own device and activate service with it on the Cricket network, it may be eligible for
enrollment in Cricket Protect. Smartwatches are not eligible. You must enroll in Cricket Protect within 45 days of
activating service on the Cricket network or during an Open Enrollment period. The device must be in good working
condition and not damaged. Deductibles/service fees for BYOD devices depend on device tier. You can check
eligibility and deductible at asurion.com/cricket. To enroll, customers will need to visit a Cricket store.
Arbitration The Terms and Conditions contain binding Arbitration Agreements. More information is included below and in the
attached terms.
3
Deductible/Service Fee for Repairs**
Partial List of Eligible Devices, updated as of February 14, 2025
$0 Screen Repair Apple® iPhone®: 12/12 mini/12 Pro/12 Pro Max/13/13 mini/13 Pro/13 Pro Max/14/14 Plus/14 Pro/14 Pro Max/15/15 Plus/15 Pro/
Deductible 15 Pro Max
Samsung Galaxy: A51/A52/A53/A54/S21 FE 5G/S6/S7/S8/S9/S10/S20 FE/S20+/S23 FE/S24
Google Pixel: 4/4XL/4A/5/6/6A/6 Pro/7/7 Pro
$0 Battery Visit asurion.com/cricket to see if your device is eligible for battery replacement. The list of repair types, devices, and locations may be
Replacement updated over time.
Service Fee
* The monthly charge for Cricket Protect includes the cost of insurance provided in the program.
** All taxes and surcharges are extra.
Coverage is Optional
Cricket Protect is an optional coverage that you are not required to purchase in order to buy Cricket services or devices. Program enrollment and
replacement authorization shall be at the sole discretion of Continental Casualty Company, a CNA company; Asurion, the plan administrator; or any
other authorized representative of CNA in accordance with the terms of the Coverage Certificate and applicable law.
Communications
Asurion may send you program communications, including legal notices and terms and conditions, electronically using the last email address on file
with Cricket, the mobile number identified in the Cricket system as the account owner and/or any other email address or mobile number you provide
to Cricket or Asurion, unless prohibited by state law. If electronic delivery is not possible, this information will be mailed to you. Legal notices will not
be sent to New York customers electronically.
Non-Return Fee
If your device is damaged, malfunctions, or if your lost device is later found, you can avoid non-return fees of up to $850 (the fee is based on the cost
of the claim to the insurance company) by simply returning the device as directed by us in the return envelope that we provide to you.
Other Coverage
Cricket Protect 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. This coverage is primary over any other coverage
you may have. Unless otherwise licensed, Cricket associates are not qualified or authorized to evaluate the adequacy of your existing insurance
coverage. Questions regarding this plan should be directed to CNA’s licensed agent, Asurion Protection Services, LLC., by calling 855-309-8342.
4
BINDING ARBITRATION
THE SERVICE CONTRACT AND COVERAGE CERTIFICATE EACH CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES THE SUBMISSION
OF ALL DISPUTES (EXCEPT WHERE EXPRESS STATE EXEMPTIONS ARE PROVIDED) TO FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH
THE PROVISIONS SET FORTH IN THE SERVICE CONTRACT AND IN SECTION VII.F. OF THE COVERAGE CERTIFICATE. In the unlikely event we cannot
informally resolve any disputes, you will be required to: 1) RESOLVE ANY DISPUTES THROUGH BINDING AND INDIVIDUAL ARBITRATIONS OR
SMALL CLAIMS COURT ACTIONS INSTEAD OF THROUGH THE COURTS OF GENERAL JURISDICTION; AND 2) WAIVE YOUR RIGHTS TO A JURY TRIAL
AND TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. (EXPRESS STATE EXEMPTIONS MAY APPLY; PLEASE SEE YOUR PROGRAM
TERMS AND CONDITIONS).
Fraud
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. In Oregon, this section does
not apply.
Customer Satisfaction
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 855-309-8342.
5
TEXAS IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1.800.252.3439.
You may write the Texas Department of Insurance:
Consumer Protection, MC: CO-CP
Texas Department of Insurance
P.O. Box 12030
Austin, TX 78711-203
Web: www.tdi.texas.gov
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or company
first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document.
6
CONTINENTAL CASUALTY COMPANY
Chicago, Illinois
Commercial Inland Marine
Communications Equipment
Coverage Certificate
Please read this entire Coverage Certificate (“Certificate”) carefully. It explains each party’s rights and duties and what is and is not covered. A copy
of the Master Policy under which this Certificate is issued (“Policy”) is available for your review.
In this Certificate, the words “you” and “your” mean the “Insured Subscribers” (as defined in in Section VIII. DEFINITIONS). The words “we,”
“us” and “our” mean Continental Casualty Company, a CNA Company (“CNA”), the Illinois stock insurance company providing this insurance.
The words “Authorized Representative” mean Asurion Protection Services, LLC and “Asurion”, except in California, “Asurion” refers to
Asurion Protection Services Insurance Agency, LLC (CA license #: OD63161), and in Puerto Rico “Asurion” refers to Asurion Protection Services
of Puerto Rico, Inc.
All other capitalized words and phrases in this Certificate have special meaning and are defined in Section VIII. DEFINITIONS.
I. COVERAGE.
In exchange for premium paid when due, we will insure the Covered Property as described in Section I.A. COVERAGE PLAN, provided that any
Loss occurs while your coverage is in effect. The information about your coverage included in your receipt, invoice, or other documentation
from your Service Provider is incorporated by reference into this Certificate. In the event of a Loss, our obligation under this Certificate is to
repair or replace, at our sole option, your Covered Property. This insurance is primary over any other insurance you may have.
A. COVERAGE PLAN.
This Certificate provides coverage that protects your Covered Property if it is physically damaged, lost, stolen or unrecoverable.
B. COVERAGE PERIOD.
Coverage does not begin until your request for coverage is approved.
1. If you request coverage at Initial Activation and your request is approved, coverage is retroactive to the date your request was submitted.
You will be notified within thirty (30) days if your request is not approved.
2. If you request coverage after Initial Activation and your request is approved, your coverage begins immediately after your request was
submitted. You will be notified within thirty (30) days if your request is not approved.
Eligibility for enrollment after Initial Activation may be subject to limitation.
Coverage continues month-to-month unless cancelled.
C. PAYMENT OF PREMIUMS.
You are responsible for the payment of all premiums. The premium amount(s) for monthly pay are shown in the premium schedule below.
Your premium is determined by the device category of your Covered Property, as shown in the schedule below.
Device Category Monthly Premium Per Enrolled Wireless Number
Tiers 1-5 Cricket Protect Insurance premium is included in the Cricket Protect monthly charge.
D. DEDUCTIBLE.
You must pay a non-refundable deductible, if applicable, for each approved repair or replacement before your claim can be completed. The
deductible amount is based on the device category of the claimed Covered Property, as shown in the deductible schedule.
Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Replacement Deductibles $10 $40 $75 $130 $250
Cracked Screen Repair Deductible
n/a n/a n/a $0 $0
(for Eligible Devices only)
NOTE: When applicable, an additional non-returned device charge may apply if you fail to return the Covered Property as directed (See
Section IV.H. DUTIES IN THE EVENT OF A LOSS).
CIM-CE-Cert-4.0 (Ed. 09-19) V.CP2025 Copyright © 2019 Asurion, LLC and CNA. All Rights Reserved. 7
The aggregate limit under this Certificate includes Losses incurred under any prior consecutive certificate issued by us. Losses incurred under this
Certificate will be carried forward and applied against the applicable aggregate limit under any other certificate issued by us for twelve (12)
consecutive months following the Date of Loss.
If you meet the aggregate limit, coverage will end immediately (subject to Section VI.A.3. CANCELLATION) and we will notify you that your
coverage has ended and no future premiums are due.
In any case, the twelve (12) consecutive month period is calculated based on the Date of Loss for each covered Loss.
III. EXCLUSIONS.
This insurance does not cover the following:
A. Indirect or consequential loss, including loss of use, interruption of business, loss of market, loss of service, loss of profit, inconvenience or
delay in the repair or replacement of Covered Property.
B. Loss to or damage of:
1. Any property or device that is not Covered Property.
2. Contraband or property in the course of illegal transportation or trade.
3. Property in transit to you from a manufacturer or seller that is not the Authorized Service Facility.
4. Any wireless device with a unique identification number (IMEI or ESN, etc.) that has been altered, defaced or removed.
5. Data, Nonstandard External Media, and Nonstandard Software.
6. Batteries (unless otherwise covered as an Included Accessory when part of a Loss to the Covered Property).
7. Included Accessories (unless part of a Loss to other Covered Property).
C. Loss due to or resulting, directly or indirectly, from:
1. Intentional, dishonest, fraudulent or criminal acts by you, any authorized user of the Covered Property, anyone you entrust with the Covered
Property, or anyone else with an interest in the Covered Property for any purpose, whether acting alone or in collusion with others.
2. Abuse or use of the Covered Property in a manner for which it was not designed or intended by the manufacturer, failure to follow the
manufacturer’s installation, operation or maintenance instructions, or any act that voids the manufacturer’s warranty.
3. Obsolescence, including technological obsolescence or depreciation in the value of the Covered Property.
4. Cosmetic damage that does not affect the function of the Covered Property, including scratches, marring and changes or enhancement in
color, texture, or finish.
5. Unauthorized repair or replacement.
6. The discharge, dispersal, seepage, migration, release or escape of Pollutants from the Covered Property.
7. Error or omission in design, programming, or system configuration of the Covered Property, or any condition which results in or is covered
by a manufacturer’s recall.
8. 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.
9. Failure to do what is reasonably necessary to minimize the loss and to protect the Covered Property from any further loss.
10. Mechanical or Electrical Failure.
11. Malware.
CIM-CE-Cert-4.0 (Ed. 09-19) V.CP2025 Copyright © 2019 Asurion, LLC and CNA. All Rights Reserved. 8
1. If we replace your Covered Property, you must take delivery of the replacement device within sixty (60) days of our claim approval. If you
fail to do so, you forfeit your claim and the replacement device becomes our property.
2. If we repair your Covered Property, and you fail to: (i) pick up the repaired Covered Property from our Authorized Service Center within
sixty (60) days of our notice that the repair has been completed, or (ii) fail to satisfy the non-refundable deductible within the same day of
our claim approval, you forfeit your claim and the repaired Covered Property becomes our property.
H. If the Covered Property is not lost or stolen, you must keep the Covered Property until your claim is completed, unless we or our Authorized
Representative direct otherwise. If we provide a replacement device, we may require you to return the claimed Covered Property to us
according to our instructions in the return mailer we provide, or other return method directed by us, within thirty (30) days or pay the
applicable non-returned device charge. If the Covered Property is lost or stolen and is later recovered, you must notify our Authorized
Representative and return the recovered device as directed, even if your claim has already been completed, or pay the applicable non-
returned device charge. YOU CAN AVOID A NON-RETURNED DEVICE CHARGE BY SIMPLY RETURNING THE COVERED PROPERTY AS DIRECTED.
I. If you fail to comply with these duties, including failure to timely report the Loss, provide the requested information, or cooperate in the
investigation and processing of your claim, or otherwise act in a way that increases the Loss or prejudices our right to properly evaluate
your claim, your claim may be denied.
CIM-CE-Cert-4.0 (Ed. 09-19) V.CP2025 Copyright © 2019 Asurion, LLC and CNA. All Rights Reserved. 9
B. HOW NOTICE OF CANCELLATION IS PROVIDED.
1. Notices required by Sections VI.A.2. or VI.A.3. CANCELLATION, will be in writing and include the actual reason for cancellation and the
effective date of cancellation. The coverage will end on that date.
2. Notices may be mailed or delivered to you at your last known mailing or electronic addresses on file with us.
3. We or the Service Provider will maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other
commercial mail delivery service. We or the Service Provider may comply with Sections VI.A.2. or VI.A.3. CANCELLATION, by providing
such notice or correspondence by electronic means. If accomplished through electronic means, we or the Service Provider shall maintain
proof that the notice or correspondence was sent.
C. TO BE AND REMAIN ELIGIBLE FOR COVERAGE:
1. You must have activated communications service directly with your Service Provider and be an active and current subscriber of your
Service Provider to be covered under this Certificate. 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. We must designate the Covered Property as eligible for coverage.
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 met the aggregate limit (See Section II.B. AGGREGATE LIMIT) under any CNA coverage certificate issued to you by your
Service Provider within the previous twelve (12) consecutive months of your request for this coverage.
5. You must not be in breach of any material term of this Certificate, including, but not limited to, failure to return the claimed Covered Property
as directed, or failure to satisfy the required deductible.
CIM-CE-Cert-4.0 (Ed. 09-19) V.CP2025 Copyright © 2019 Asurion, LLC and CNA. All Rights Reserved. 10
(b) Arbitration will be conducted by the AAA following the Consumer Arbitration Rules (“Rules”). A court may decide the enforceability of
this A.A. The arbitrator will decide all other issues. The arbitrator is bound by this A.A.
(c) Any hearing will take place in the county or parish of your mailing address unless you and we agree to a different location.
3. Fees:
(a) In most cases we will pay all filing, administration and arbitrator fees. If the arbitrator finds that your dispute was filed to harass or is
frivolous, the Rules govern payment of the fees.
(b) We will reimburse you for a filing fee paid to the AAA. If you are unable to pay a filing fee, we will pay it if you send us a written request.
4. Arbitration Decision:
(a) You and we agree not to disclose any settlement offers to the arbitrator before the arbitrator issues a decision.
(b) If the arbitrator finds in your favor and the damages awarded are greater than the last settlement we offered, we will do the following.
• We will pay you the greater of the damages or seven thousand five hundred dollars ($7,500).
• We will also pay your reasonable attorney’s fees and arbitration expenses. You may not recover duplicate awards of fees and expenses.
(c) We waive any right we have to recover attorney’s fees and expenses from you if we win the arbitration.
(d) If you seek declaratory or injunctive relief, it can only be awarded as necessary to provide you relief.
YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT
IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise,
the arbitrator may not consolidate your dispute with any other person’s dispute and may not preside over any form of representative
proceeding. If this specific provision is found to be unenforceable, then the entirety of this A. A. is null and void.
G. 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 Certificate; and
2. The action is brought within two (2) years, or any longer period as required by law, after you first have knowledge of the Loss or other
events that are the basis of the action.
H. The coverage territory is worldwide but the cost of repair or replacement will be valued in U.S. currency at the time of repair or
replacement. We will ship an approved repaired or replacement device directly to you within the United States and its territories or
require you to pick it up at an Authorized Service Facility.
I. If you have a Loss to Covered Property that is part of a pair or set, we will only cover a reasonable and fair proportion of the total value of the
pair or set.
J. 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; device service and maintenance; technical support; reduced
cost upgrade or purchase benefits or other services provided through your Service Provider or any Authorized Service Facilities.
K. 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.
L. This Certificate contains the entire agreement 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.
M. 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, you will be provided advance written notice of such changes. You may cancel coverage at any
time without penalty, but if you continue to pay premiums after a change in coverage terms, you will be bound by such change.
N. If we make any changes to the Policy that would increase your coverage without additional premium, the increased coverage will
immediately apply to this Certificate.
O. It is important that you back up all Data and software because this Certificate does not cover Loss or damage to your Data or Nonstandard
Software and repairs to your Covered Property may result in the deletion of such Data or software. IT IS YOUR SOLE RESPONSIBILITY TO
BACK UP ALL SOFTWARE AND DATA ON COVERED PROPERTY WITH HARD DRIVE(S) OR ANY OTHER STORAGE MECHANISM. WE ARE
NOT RESPONSIBLE FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE OR DATA.
VIII. DEFINITIONS.
A. “Authorized Service Facility” means: The location or locations that serve as a repair or replacement 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. “Coverage Certificate”, “Certificate”, or “Certificates” means: This Commercial Inland Marine Communications Equipment Coverage Certificate.
C. “Covered Property” means: The eligible wireless communications device owned or leased by you and actively registered on the Service
Provider’s network at the time you initially purchased this coverage and for which airtime has been logged after enrollment. The International
Manufacturer’s Equipment Identification (IMEI), Electronic Serial Number (ESN), Unique Device Identifier (UDiD) or other unique identification
number of the wireless device associated with your account in the records of the Service Provider at the time your coverage initially becomes
effective and for which airtime has been logged indicates the wireless device to be considered Covered Property, unless you have logged
airtime on a different wireless device immediately prior to the time of Loss, then such wireless device shall be considered Covered Property
so long as such wireless device is owned or leased by you and you provide us proof of ownership.
CIM-CE-Cert-4.0 (Ed. 09-19) V.CP2025 Copyright © 2019 Asurion, LLC and CNA. All Rights Reserved. 11
D. “Data” means: information input to, stored on, or processed by the Covered Property. This includes documents, databases, messages, licenses,
contact information, passwords, applications, books, games, magazines, photos, videos, ringtones, music, and maps.
E. “Date of Loss” means: the date a Loss to the Covered Property occurs.
F. “Included Accessories” means: If part of the Covered Loss; one standard battery, one standard charging cord, and (if applicable) one standard
SIM card.
G. “Initial Activation” means: the time of initial activation of the Service Provider’s service for the Covered Property.
H. “Insured Subscriber” or “Insured Subscribers” means: The account holder(s) of the Service Provider meeting the following conditions:
1. Who have been enrolled in and accepted for coverage under this Certificate.
2. Who have a complete description of their Covered Property on file with us or our Authorized Representative.
3. Who have paid all premiums due with respect to their Covered Property before any claimed Date of Loss.
I. “Loss” and “Losses” means: a covered repair or replacement as provided in Section I.A. COVERAGE PLAN.
J. “Malware” means: malicious software that damages, destroys, accesses your Data without your authorization or otherwise interferes with the
performance of any data, media, software, or system on or connected to the Covered Property.
K. “Mechanical or Electrical Failure” means: Failure of Covered Property to operate due to a faulty part or workmanship or normal wear and tear
when operated according to the manufacturer’s instructions.
L. “Nonstandard External Media” means: physical objects on which data can be stored but which are not integrated components of the Covered
Property required for it to function. This includes data cards, memory cards, external hard drives, and flash drives. Nonstandard External
Media does not include Standard External Media.
M. “Nonstandard Software” means: software, other than Standard Software.
N. “Pollutants” means: Any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals,
artificially produced electric fields, magnetic field, electromagnetic field, electromagnetic pulse, sound waves, microwaves, and all artificially
produced ionizing or non-ionizing radiation and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
O. “Service Provider” means: Cricket Wireless, LLC or one of its affiliates, successors or assigns.
P. “Standard External Media” means: physical objects on which data can be stored and that came standard in the original packaging with
the Covered Property from the manufacturer but which are not integrated components of the Covered Property required for it to function.
Q. “Standard Software” means: the operating system pre-loaded on or included as standard with the Covered Property from the manufacturer.
R. “Wireless Number” or “Wireless Numbers” means: The mobile telephone or data line(s) or number(s) assigned by the Service Provider to you.
CIM-CE-Cert-4.0 (Ed. 09-19) V.CP2025 Copyright © 2019 Asurion, LLC and CNA. All Rights Reserved. 12
Connecticut: Section VI.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by
providing you with at least fifteen (15) days’ notice of cancellation.
District of Columbia: In the event of arbitration, the rules for arbitration according to the District of Columbia Official Code will apply. Any
arbitration occurring under this Policy shall be administered in accordance with the District of Columbia Uniform Arbitration Act, unless the
District of Columbia Uniform Arbitration Act is silent as to any applicable procedural requirement, in which case the Arbitration Rules will
control as to such procedural requirement.
Georgia: Section VI.A.3. is amended to provide at least sixty (60) days’ notice if we cancel this Certificate or change the terms and conditions
unless we cancel for other reasons set forth in this Certificate.
Hawaii: Section VI.A.3. is amended to provide at least sixty (60) days’ notice if we cancel this Certificate or change the terms and conditions
unless we cancel for other reasons set forth in this Certificate.
Idaho: Section VI.A.1. is amended to add the following: If you cancel coverage or reject changes under this Certificate, you will receive a pro
rata refund within sixty (60) days from our receipt of your notice.
Illinois: (i) Section VI.A.3. is amended to provide at least sixty (60) days’ notice if we cancel this Certificate or change the terms and conditions
unless we cancel for other reasons set forth in this Certificate. (ii) The last sentence in Section VII.F is amended as follows: If this specific
provision is unenforceable, then this entire A. A. does not apply. (iii) Section VII.G.2. is amended by adding the following: The running of the two
(2) year period is tolled from the date proof of loss is filed, in the form required by the Policy, until the date the claim is denied in whole or in
part. (iv) In Section VIII.W., the terms “electromagnetic field” and “electromagnetic pulse” are deleted. (v) The Illinois Department of Insurance
can be contacted by mail at 320 W. Washington St., Springfield, IL 62767, by phone at (877) 527-9431 or online at https://mc.insurance.
illinois.gov/messagecenter.nsf (online form) or https://insurance.illinois.gov/Complaints/PropertyCasualtyComplaintForm.pdf (printable format).
Indiana: Section VII.F. Arbitration Agreement is amended to add the following: If you are a resident of Indiana, the resolution of any disputes
pursuant to this Section VII.F shall be governed by the laws of the State of Indiana and relevant applicable federal law.
Iowa: The second sentence in Section VI.A.3.(c) is amended by adding the following: However, if notice is not timely sent, enrollment shall
continue notwithstanding the aggregate limit of liability until thirty (30) days from the date notice of cancellation is sent to you.
Kansas: (i) Section VI.A.3.(b) is amended as follows: We will cancel your coverage under this Certificate upon fifteen (15) days’ notice for
nonpayment of premium. (ii) The following is added to Section VI.A.3: We will not cancel your coverage under this Certificate based solely
upon the age of your Covered Property. (iii) Section VI.A.4 is amended as follows: If this Certificate is cancelled by us or the Service Provider,
any unearned premium will be refunded by us on a pro-rata basis. No penalty will be charged for early cancellation. The cancellation will
be effective even if the refund has not been made or offered. (iv) The fifth sentence of Section VII. F. is amended as follows: In the unlikely
event we cannot resolve any disputes, including any claims under this Certificate, that you or we may have, YOU AND WE MAY VOLUNTARILY
AGREE AFTER THE DISPUTE ARISES TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF
THROUGH COURTS OF GENERAL JURISDICTION. (v) The second sentence of Section VII.M. is amended as follows: In the event of any material
change in the coverage terms, you will be provided at least thirty (30) days written notice of such changes. (vi) NOTE “B” below is amended
as follows: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD, PRESENTS, CAUSES TO BE PRESENTED OR PREPARES WITH
KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY AN INSURER, PURPORTED INSURER, BROKER OR ANY AGENT THEREOF, ANY
WRITTEN, ELECTRONIC, ELECTRONIC IMPULSE, FACSIMILE, MAGNETIC, ORAL, OR TELEPHONIC COMMUNICATION OR STATEMENT AS PART
OF, OR IN SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF, OR THE RATING OF AN INSURANCE POLICY FOR PERSONAL OR COMMERCIAL
INSURANCE, OR A CLAIM FOR PAYMENT OR OTHER BENEFIT PURSUANT TO AN INSURANCE POLICY FOR COMMERCIAL OR PERSONAL
INSURANCE WHICH SUCH PERSON KNOWS TO CONTAIN MATERIALLY FALSE INFORMATION CONCERNING ANY FACT MATERIAL THERETO; OR
CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO, IS GUILTY OF INSURANCE FRAUD.
Kentucky: (i) The title of Section VII.F., including all references to Section VII.F., is changed to “ARBITRATION”. (ii) The second sentence of the
first paragraph under Section VII.F. is deleted and replaced with the following: It explains your rights, subject to Section IX (State Changes). (iii ). The
phrase “or small claims court agreement” in the third sentence of the first paragraph of Section VII.F. is deleted and replaced with “provision.” (iv)
The fifth sentence of the first paragraph of Section VII.F. is deleted and replaced with the following: In the event we cannot resolve any dispute with
you, YOU AND WE MAY AGREE IN WRITING AFTER THE DISPUTE ARISES TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION (DESCRIBED
BELOW) OR COURT OF APPROPRIATE JURISDICTION. (v) Section VII.F.1.b is deleted. (vi) In Section VII.F.1.(d) the phrase “small claims” is deleted.
Maine: The first sentence of Section IX. A. is amended as follows: any award rendered in accordance with the arbitration provisions herein
shall constitute a nonbinding award on you, provided that within two (2) years from the time when the cause of action accrues 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.
Maryland: (i) Section VI.A.2. “thirty (30) days” is amended to “forty-five (45) days”. (ii) Section VI.A.3. is amended to provide at least sixty (60)
days’ notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate.
(iii) Section VI.A.3.(a) “fifteen (15) days’” is amended to “forty-five (45) days’”. (iv) Section VI.A.3.(b) is amended as follows: We may cancel
your coverage under this Certificate for nonpayment of premium by providing you with at least ten (10) days’ notice of cancellation. (v)
Section VI.A.3.(c) “thirty (30) days’” is amended to “fifteen (15) days’”. (vi) The following is added to Section VI.A.3: We may cancel this
Certificate without notice if you obtain substantially similar coverage from another insurer without any lapse of coverage. (vii) Section VII. G. 2.
is amended as follows: “two (2) years” is amended to “three (3) years from the date it accrues.”
Massachusetts: In the fifth sentence of Section VII. F., the following language is deleted in its entirety: INSTEAD OF THROUGH COURTS OF
GENERAL JURISDICTION.
Michigan: This Certificate is exempt from the filing requirements of section 2236 of the insurance code of 1956, 1956 PA 218, MCL 500.2236.
CIM-CE-Cert-4.0 (Ed. 09-19) V.CP2025 Copyright © 2019 Asurion, LLC and CNA. All Rights Reserved. 13
Mississippi: Section VI.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by
providing you with at least fifteen (15) days’ notice of cancellation.
Montana: (i) Section VI.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by
providing you with at least ten (10) days’ notice of cancellation. (ii) Section VII. F. 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. (iii) The following is added to Section VII.K: The
provisions of this Certificate conform to the minimum requirements of Montana law and control, for Montana Insureds, over any conflicting
statutes of another state on or after the effective date of coverage. (iv) Section VIII.B. is amended to provide that the selection of the
Authorized Service Facility will be at the discretion of us or our Authorized Representative.
Nebraska: Section VI.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by
providing you with at least fifteen (15) days’ notice of cancellation.
Nevada: Section VI.A.3.(a) “fifteen (15) days’” is amended to “ten (10) days’”.
New York: (i) Section VI.A.3. is amended to provide at least sixty (60) days’ notice if we cancel this Certificate or change the terms and
conditions unless we cancel for other reasons set forth in this Certificate. (ii) Section VI.A.3.(b) is amended as follows: We may cancel your
coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days’ notice of cancellation. (iii) Section
VI.A.3.(c) “thirty (30) days’” is amended to “fifteen (15) days’”. (iv) The following is added to Section VI.A.3: We may cancel this Certificate
without notice if you obtain substantially similar coverage from another insurer without any lapse of coverage.
North Dakota: (i) The first paragraph of Section VI.A.3. is replaced by the following: we may change the terms and conditions of this
Certificate only upon providing you with at least thirty (30) days’ notice, or other longer period as required by law. (ii) Subsections 3(a)-
(b) of Section VI A. are deleted and replaced by the following: (a) If this Certificate has been in effect for less than ninety (90) days, we
may cancel your coverage for any reason by mailing or delivering written notice to you at least ten (10) days before the effective date
of cancellation or thirty (30) days’ notice for fraud or misrepresentation. (b) If this Certificate has been in effect for ninety (90) days or
more, we may cancel for one or more of the following reasons: 1. Nonpayment of premiums with ten (10) days’ notice of cancellation;
2. Misrepresentation or fraud made by you or with your knowledge in obtaining coverage or in pursuing a claim; 3. Your actions that
have substantially increased or changed the risk insured; 4. Your refusal to eliminate known conditions that increase the potential for
loss after notification; 5. Substantial change in the risk assumed unless reasonably foreseen; 6. Loss of reinsurance which provided
us with coverage for a significant amount of the underlying risk insured; or 7. A determination by the insurance commissioner that the
continuation of the policy is in violation of the law. For reasons 2.-7., we will provide thirty (30) days’ notice of cancellation. (iii) The
following paragraph is added to Section VII. ADDITIONAL CONDITIONS: Q. We will mail or deliver a notice of nonrenewal to you at least
sixty (60) days prior to the expiration of coverage. The notice will state our reason for nonrenewal. We will mail or deliver our notice to
your last known mailing or electronic address. We will not mail or deliver notice if you have obtained substantially similar coverage or
accepted replacement coverage from another insurer.
Ohio: Section VI.A.3. is amended to provide at least sixty (60) days’ notice if we cancel this Certificate or change the terms and conditions
unless we cancel for other reasons set forth in this Certificate.
Oklahoma: VII.F. Arbitration Agreement 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. WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an
insurance policy containing any false incomplete or misleading information is guilty of a felony.
Oregon: (i) Section III.C.1. is deleted and replaced with the following: Intentional, dishonest, or fraudulent acts by you, any authorized user
of the Covered Property, anyone you entrust with the Covered Property, or anyone else with an interest in the Covered Property for any
purpose, whether acting alone or in collusion with others. (ii) Section VI.A.3. is amended to provide at least sixty (60) days’ notice if we cancel
this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate. (iii) Section VI.A.3.(b) is
amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen
(15) days’ notice of cancellation. (iv) Section VII. F. is deleted and replaced with the following: In the event we cannot resolve any dispute,
you and we may, in a separate agreement, consent to arbitration. YOU AND WE AGREE THAT EACH PARTY 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. Any arbitration proceedings shall be conducted within the state of Oregon and
according to Oregon law.
Pennsylvania: (i) Section VI.A.3. is amended to provide at least sixty (60) days’ notice if we cancel this Certificate or change the terms and
conditions unless we cancel for other reasons set forth in this Certificate. (ii) Section VI.A.3.(b) is amended as follows: We may cancel your
coverage under this Certificate for nonpayment of premium by providing you with at least thirty (30) days’ notice of cancellation.
Puerto Rico: (i) Section VI.A.3. is amended to provide at least sixty (60) days’ notice if we cancel this Certificate or change the terms and
conditions unless we cancel for other reasons set forth in this Certificate. (ii) Section VI.A.3.(b) is amended as follows: We may cancel your
coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days’ notice of cancellation. (iii) Section
VI.A.3.(c) “thirty (30) days’” is amended to “fifteen (15) days’”. (iv) Provided you have not presented a claim, you may, within thirty (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: Asurion Customer Care Center, P.O. Box 332024, Nashville, TN 37203.
CIM-CE-Cert-4.0 (Ed. 09-19) V.CP2025 Copyright © 2019 Asurion, LLC and CNA. All Rights Reserved. 14
South Dakota: (i) Section VI.A.3. is amended to provide at least twenty (20) days’ notice if we cancel this Certificate or change the terms
and conditions unless we cancel for other reasons set forth in this Certificate. (ii) Section VI.A.3.(a) “fifteen (15) days’” is amended to
“twenty (20) days’”. (iii) Section VI.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of
premium by providing you with at least twenty (20) days’ notice of cancellation.
United States Virgin Islands: (ii) The fifth sentence of Section VII. F. is amended as follows: 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 TO RESOLVE THOSE DISPUTES THROUGH NONBINDING
ARBITRATION OR AN INDIVIDUAL ACTION IN A COURT OF LAW THAT HAS JURISDICATION OVER THE DISPUTE. (iii) Section VII.F.1.(d) is amended
as follows: Notwithstanding the foregoing, this Arbitration Agreement does not preclude you from bringing an individual action in a court of law
that has jurisdiction over the dispute or from informing any federal, state or local agencies or entities of your dispute. (v) Section VII. G. 2. is
deleted and replaced with the following: The action is brought within one (1) year after you first have knowledge of the Loss or other events that
are the basis of the action.
Utah: Section VI.A.3.(a) “fifteen (15) days’” is amended to “thirty (30) days’”.
Vermont: (i) Section VII.A. is amended as follows: “thirty (30) days’” is replaced with “ten (10) days’.” (ii) Note “B.” below is deleted and
replaced with the following: Any person who knowingly presents a false statement in an application for insurance or when filing a claim may
be guilty of a criminal offense and subject to penalties under state law.
Washington: (ii) The first sentence of Section VI.A.1. is amended as follows: You may cancel coverage under this Certificate by mailing or
delivering to us advance notice stating when such cancellation is effective. (iii) Section VI.A.3. is amended to provide at least thirty (30) days’
notice if we cancel or nonrenew this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this
Certificate. (iv) Section VI.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium
by providing you with at least ten (10) days’ notice of cancellation. (v) The following is added to Section VI.A.3: We retain the right to revise
this Certificate at any time, provided that we will not increase the premium or the deductible or restrict coverage more than once in any
six (6) month period. (vi) Section VI.B.1. is amended as follows: Notices made pursuant to Sections A. 2 or 3 shall be in writing and include
the actual reason and effective date of cancellation or nonrenewal. The coverage will end on that date. (vii) The first sentence of Section IX.
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 VII.F. 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 VII. F. 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 BOTH PARTIES MAY, BY MUTUAL CONSENT, AGREE IN WRITING TO
ARBITRATION OF THE DISAGREEMENT. If both parties agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a
third arbitrator. If they cannot agree upon the selection of a third arbitrator within 30 days, both parties must request that selection of a third
arbitrator be made by a judge of a court having jurisdiction. Unless both parties agree otherwise, arbitration will take place in the county of
your mailing address. Local rules of law as to procedure and evidence will apply. A decision agreed to by any two will be binding. Payment of
the arbitrator’s fee shall be made by us if coverage is found to exist. If coverage is not found, each party will: (a) pay its chosen arbitrator; and
(b) bear the expenses of the third arbitrator equally.
Wyoming: (i) Section VI.A.3.(a) is amended as follows: We may cancel your coverage under this Certificate immediately for discovery of
fraud or material misrepresentation. (ii) Section VI.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for
nonpayment of premium by providing you with at least ten (10) days’ notice of cancellation.
NOTE: A. THIS CERTIFICATE MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY YOUR PERSONAL AUTO INSURANCE
POLICY, HOMEOWNER’S 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:
Asurion Customer Care Center
P.O. Box 332024
Nashville, TN 37203
1-855-309-8342
CIM-CE-Cert-4.0 (Ed. 09-19) V.CP2025 Copyright © 2019 Asurion, LLC and CNA. All Rights Reserved. 15
We, the administrator or the retailer of this Plan may make available additional products and services at a discount from time to time,
for your consideration.
I. OBLIGOR: The company obligated under this Plan in the District of Columbia and all states, except Florida, is: Asurion Warranty Protection
Services, LLC, who can be contacted at P.O. Box 805227, Chicago, IL, 60680, telephone, 1-855-309-8342. In Florida, the company obligated under
this Plan is Asurion Warranty Protection Services of Florida, LLC., telephone, 1-855-309-8342. In Puerto Rico, the company obligated under
this Plan is Asurion Warranty Protection Services of Puerto Rico, Inc. who can be contacted at P.O. Box 805227, Chicago, IL, 60680, telephone,
1-855-309-8342.
II. DEFINITIONS: Throughout this Plan, the following words have the following meanings: (1) “we,” “us” and “our” mean the company
obligated under this Plan, as stated in the Obligor section of this Plan; (2) “you” and “your” mean the individual that purchased this Plan; (3)
“administrator” means: (a) Asurion Warranty Protection Services, LLC in the District of Columbia and all states, except Florida; and (b) Asurion
Warranty Protection Services of Florida, LLC in Florida, and (c) Asurion Warranty Protection Services of Puerto Rico, Inc. in Puerto Rico. The
administrator can be contacted at: P.O. Box 805227, Chicago, IL, 60680, or by phone at: 1-855-309-8342; (4) “retailer” means Cricket Wireless,
LLC the retailer of this Plan; (5) “covered product” means the item(s) listed in Section V.a. COVERED PRODUCT of this Plan that is owned or
leased by you, and is covered by this Plan; (6) “breakdown” means the mechanical or electrical failure of the covered equipment caused by: (i)
defects in materials and/or workmanship; (ii) normal wear and tear; or (iii) the standard battery’s failure to hold an electrical charge in accordance
with the applicable performance threshold as shown on www.asurion.com/cricket; (7) “replacement product” means a NEW, REFURBISHED,
OR REMANUFACTURED PRODUCT OF EQUAL OR SIMILAR FEATURES AND FUNCTIONALITY THAT PERFORMS TO THE FACTORY
SPECIFICATIONS OF THE ORIGINAL COVERED PRODUCT. Technological advances may result in replacement product with a lower selling price
than the original product.
III. INSTRUCTIONS: This Plan, including the terms, conditions, limitations and exclusions, and your enrollment confirmation for this Plan, constitute
the entire agreement between you and us. Please keep this Plan and the enrollment confirmation for future reference; you may need them to
obtain service. The covered product must be in good working condition prior to your enrollment in this Plan. You must follow the instructions
in the owner’s manual for proper use, care, and maintenance of the covered product. Failure to follow the manufacturer’s maintenance and
service guidelines may result in the denial of coverage under this Plan. We strongly recommend (but do not require as a condition of this
Plan) the regular back up of data and software. If applicable, it is important that you back up all data files on your covered product prior to the
commencement of service; repairs to your covered product may result in the deletion of such data files.
IV. TERM OF COVERAGE: The term of this Plan begins on the date you enroll and continues on a month-to-month basis unless cancelled. This
Plan is inclusive of the manufacturer’s warranty; it does not replace the manufacturer’s warranty for which the manufacturer is responsible and
we may refer you to the manufacturer or retailer during this period. This Plan provides certain additional benefits during the manufacturer’s
warranty period, as listed in Section V. WHAT IS COVERED, and continues to provide some of the manufacturer’s benefits as well as certain
additional benefits after the manufacturer’s warranty expires.
V. WHAT IS COVERED: This Plan covers your covered product in the event it experiences a breakdown that is not covered under any insurance
policy, warranty, or other service contract, up to the Plan Limits of Liability in Section XI. If your covered product experiences a breakdown, we
will, at our discretion: (1) repair the covered product, or (2) replace the covered product with a replacement product, or (3) reimburse you in
the form of an electronic payment or check for the replacement cost of the covered product as determined by us, based on the value of the
covered product, as determined by us, immediately prior to the breakdown. Non-original parts may be used for repair of the covered product.
If the standard battery’s capacity to hold an electrical charge fails to meet the applicable performance threshold as shown on www.asurion.
com/cricket, we will repair, or, at our sole option, replace an unlimited number of standard batteries. If breakdown occurs in the standard
battery, Subscriber Identification Module (SIM) Card and/or charging cord in conjunction with the breakdown of the covered product, we will
also repair, or, at our sole option, replace one (1) standard battery one (1) Subscriber Identification Module (SIM) Card or one (1) charging cord
as applicable. Please note: if your covered product is still in the manufacturer’s warranty period, service under this Plan may result
in service denial from the manufacturer’s warranty. On-site, depot, or carry-in service may be available; the administrator will inform you
what type of service your covered product qualifies for when you file your claim. Coverage under this Plan also includes unlimited access to
technical assistance and support for your covered product and, for breakdowns during the manufacturer’s warranty, a waiver of the Cricket
Wireless expedited in-warranty exchange delivery charges. You can access technical assistance and support for your covered product through
www.asurion.com/cricket, 1-855-309-8342 or the Asurion application during the term of this Plan. myExpert Support terms of service can be
accessed at www.asurion.com/cricket. To download the Asurion application, go to www.asurion.com/app.
IX. NON-RETURN FEE: Covered products approved for replacement must be returned to us at our expense in the return mailer that was shipped
to you within thirty (30) days of delivery of the replacement product. You must return the replaced covered product as directed by us and
according to the instructions included in the return mailer, including unlocking the device, or you will be charged a non-return fee of up to $850.
YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE COVERED PRODUCT AS DIRECTED.
X. PAYMENT: You agree to pay the monthly term fee for this Plan, which was disclosed to you at the time you enrolled in this Plan. The monthly
term fee will be billed on a monthly basis on your Cricket Wireless bill. Non-payment by you will result in cancellation of the Plan.
XI. PLAN LIMITS OF LIABILITY:
a. PER CLAIM LIMIT: The maximum amount we will pay for any single claim is $2,500.
b. AGGREGATE CLAIM LIMIT: This Plan covers a maximum of unlimited claims.
Administered by:
Asurion Warranty Protection Services, LLC
Asurion Warranty Protection Services of Florida, LLC
P.O. Box 805227, Chicago, IL, 60680
© 2023 Asurion, LLC • All Rights Reserved.
Customer Name:
Customer Address:
23
OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION OR LOSS OF THE DEVICE,
DATA, HARDWARE, SOFTWARE OR FILES, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS
WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASURION’S
AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY)
SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES AS APPLICABLE, IF ANY, DURING THE TWO (2) MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL
APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. ARBITRATION AGREEMENT. Most of Your concerns about the Services can be addressed by contacting Asurion at TERMSOFUSE@ASURION.
COM. For any dispute with Asurion, You agree to first contact us and attempt to resolve the dispute with us informally.
A. YOU AND ASURION AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD
OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND ASURION AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN
INDIVIDUAL BASIS ONLY. YOU AND ASURION AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS
OR OTHER REPRESENTATIVE PROCEEDINGS. This Arbitration Agreement (“ARB”) shall survive the termination of the Agreement and is
governed by the Federal Arbitration Act. This ARB shall be interpreted broadly, and it includes any dispute You have with Asurion that arises out
of or relates in any way to Your relationship with Asurion or the Services, whether based in contract, tort, statute, fraud, misrepresentation or
otherwise. However, this ARB does not preclude You from bringing an individual action against Asurion in small claims court or from informing
any federal, state or local agencies of Your dispute. Such agencies may be able to seek relief on Your behalf.
B. To initiate arbitration, send a written Notice of Claim by certified mail to: Legal Department, P.O. Box 110656, Nashville, TN 37122-0656. The
Notice must describe the dispute and the relief sought. If Asurion does not resolve the dispute within 60 days of receipt of the Notice, You may
start an arbitration with the American Arbitration Association (“AAA”). You may contact the AAA and obtain a free copy of the rules and forms
necessary to start an arbitration proceeding at www.adr.org or 1-800-778-7879. Asurion will reimburse You for a filing fee paid to the AAA,
and if You are unable to pay a filing fee, Asurion will pay it if You send a written request by certified mail to the Legal Department.
C. The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (“Rules”) in effect at the time the arbitration is started and as modified by this ARB AGREE. The arbitrator is bound
by the terms of this ARB and shall decide all issues, with the exception that issues relating to the enforceability of this ARB may be decided by
a court. If Your dispute is for $10,000 or less, You may conduct the arbitration by submitting documents to the arbitrator or by telephone. If Your
dispute is for more than $10,000, Your right to hearings will be determined by the Rules. Unless otherwise agreed, any hearings will take place
in the county/parish of Your mailing address. Asurion will pay all filing, administration and arbitrator fees for any arbitration, unless Your dispute
is found by the arbitrator to have been frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b). In that case,
the Rules govern payment of such fees.
D. The arbitrator shall issue a decision including the facts and law upon which his/her decision is based. If the arbitrator finds in Your favor and
issues a damages award that is greater than the value of the last settlement offer made by Asurion or if Asurion made no settlement offer, and
the arbitrator awards You any damages, Asurion will: (1) pay You the amount of the award or $2,500, whichever is greater; and (2) pay Your
attorney, if any, the attorney’s fees and expenses reasonably incurred in the arbitration. While the right to the attorney’s fees and expenses
discussed above is in addition to any right You may have under applicable law, neither You nor Your attorney may recover duplicate awards of
attorney’s fees and expenses. Asurion hereby waives any right it may have under applicable law to recover attorney’s fees and expenses from
You if it prevails in the arbitration.
E. If You seek declaratory or injunctive relief, that relief can be awarded only to the extent necessary to provide You relief. YOU AND ASURION
AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED
CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. Unless You and Asurion agree otherwise, the
arbitrator may not consolidate Your dispute with the dispute of any other person and may not preside over any form of representative or class
proceeding. If this specific provision of this ARB is found to be unenforceable, then the entirety of this ARB is null and void.
8. CLASS ACTION WAIVER. In furtherance of Section 15A to this Agreement, any Claim arising out of or post cancelation or termination of this
Agreement must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, class arbitration,
collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class
Action in any forum whatsoever. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action. Nor
shall the arbitrator have authority to make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class
Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only in a court of competent jurisdiction and not by an
arbitrator. The parties agree that this Section 17 shall expressly survive cancelation or termination of the Agreement. THE PARTIES UNDERSTAND
THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY
TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH
ARBITRATION. If this specific provision of this ARB is found to be unenforceable, then the entirety of this ARB is null and void.
9. CLAIM LIMITATION. Unless otherwise allowed by applicable law, any claim related to the Services shall be brought within one year of the
events giving rise to the claim. Failure to assert any such claim during that one-year period results in the claim being forever waived and barred.
10. THIRD-PARTY CONTENT. The Services may expose You to content, websites, products and services created or provided by parties other than
Asurion (“third-party content”). Asurion does not review, endorse or assume any responsibility for third-party content and shall have no liability to
You for access to or use of third-party content. You acknowledge and agree that Asurion is not responsible for third-party content, including their
accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Asurion does not assume
and will not have any liability or responsibility to You or any other person or entity for any third-party content. Third-party content and links thereto
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are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties’ terms and
conditions. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement and Privacy Notice do
not apply to that third-party content.
11. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement and Privacy Notice do not apply to
that third-party content.
12. INTELLECTUAL PROPERTY RIGHTS. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or
proprietary rights associated with the Services are the exclusive property of Asurion, and all such rights not expressly granted to You in this
Agreement are hereby reserved and retained by Asurion. If You submit comments or ideas about the Services, including ways to improve the
Services or other products or services (“Ideas”), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place
Asurion under any fiduciary or other obligation, and Asurion is free to use the Idea without compensation to You and/or to disclose the Idea to
anyone on a non-confidential basis. You further acknowledge that Asurion does not, by acceptance of Your submission, waive any rights to use
similar or related ideas previously known to Asurion, or developed by its employees or obtained from sources other than You.
13. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Asurion from any claim, proceeding, loss, damage, liability or expense
of any kind arising out of or in connection with the following: (a) Your use or misuse of the Services; (b) Your alleged or actual breach of this
Agreement; (c) Your alleged or actual violation of any applicable rule, law or regulation; (d) Your negligence or willful misconduct; or (e) Your
alleged or actual violation of the intellectual property or other rights of third parties. Asurion reserves the right, at Your expense, to assume the
exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.
14. ASSIGNMENT. This Agreement and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred
or assigned by Asurion, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
15. SEVERABILITY & WAIVER. If any term of this Agreement is found to be invalid or unenforceable, that term should be modified to the extent
possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from
this Agreement. Any failure to enforce a right or term of this Agreement shall not be deemed a waiver of that right or term.
16. TERMINATION OR CHANGE OF THE SERVICES. We reserve the right to modify this Agreement, and Your continued use represents Your agreement
to those modifications. We reserve the right to suspend or terminate Your use of the Services at any time and for any reason, including for abuse,
excessive usage or failure to pay any fees or charges. We also reserve the right to change the scope or extent of the Services at any time and for
any reason. Any refund of fees or charges We may agree to pay in such circumstances will be limited to the fees You paid in the prior month for the
Services as applicable.
17. ENTIRE AGREEMENT & GOVERNING LAW. This Agreement and the documents incorporated by reference constitute our entire agreement with
respect to the Services and supersede any prior or contemporaneous agreements. This Agreement and Your relationship with Asurion shall be
governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of law provisions. The application of
the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
18. GEOGRAPHIC RESTRICTIONS. Asurion makes no representation that the Services are appropriate or available for use outside of the United
States. We cannot guarantee that the Services are compliant with any laws outside of the United States.
19. SCOPE OF THE SERVICES. The Services are developed and provided by Asurion:
A. TECHNICAL SUPPORT. The Services include technical support for Your Device and the applicable operating systems and software
applications either thereon or intended to be used thereon and technical support for the use of Your Device with other devices and services
manufactured to be compatible with Your Device or intended to be connected thereto.
B. DEVICE CARE. If available, includes access to certain services, provided to you directly by Asurion Protection Services, LLC that you become
eligible for on the day of your initial enrollment in technical support and continues so long as you maintain your enrollment in the program.
Your Device Care services include a series of checkpoints provided by expert support that will help you optimize and maintain your device’s
performance over time. These checkpoints may include an initial triage and assessment of your device, followed by a series of simple steps
intended to optimize device speed, device signal strength and battery performance. You may also receive proactive alerts that will guide you
through a personalized plan for recommended maintenance based on device age and performance. You can access Device Care at any time
during your enrollment as needed based on device performance.
C. ENHANCED DEVICE CLEANINGS. For select Devices, plan services may include Enhanced Device Cleanings in select locations of Our
authorized repair centers. Enhanced Device Cleaning availability is contingent upon certain criteria, including location, technician availability,
and device type. Enhanced Device Cleaning may be provided with certain repairs. Customers may also access Enhanced Device Cleaning by
scheduling an appointment at my.asurion.com.
20. REPRESENTATIONS & AUTHORIZATIONS. When seeking the Services, You represent to Us that You are the owner and/or the authorized user of
the Device at issue, as well as any software on the Device and any device connected to the Device. We reserve the right to refuse to provide You
with the Services if We determine that You are not the owner and/or the authorized user of the Device or software. When seeking the Services,
You represent to Us that any information or data disclosed to Asurion is not confidential or proprietary to You or any third party. When seeking the
Services, You (a) expressly consent to technical support personnel remotely accessing Your Device and the data thereon through use of software
or other means, and (b) authorize Us to effect changes to Your Device, software or device, to the extent necessary to provide the Services and
acknowledge and agree that such changes may be permanent and irreversible.
21. MISUSE. You shall not misuse the Services, including, without limitation, using the Services in any manner that: (a) interferes with or interrupts
the Services or any hardware, software, system or network connected with the Services; (b) stalks, harasses, threatens or harms any person
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or is otherwise invasive of another’s privacy rights; (c) uses the Asurion Services on a device without permission; (d) tampers with or makes
an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other
computer code, files or programs that interrupt, destroy or limit the functionality of the Services or any other computer software or hardware;
(f) removes, disables, circumvents, or otherwise creates or implement any workaround to any copy protection, rights management, or security
features in or protecting the Services; or (g) uses any robot, spider, or other automatic device, process, or means to use the Services.
22. SUPPORT SERVICES EXCLUSIONS. The Services do not include, among other things, (a) assistance with third-party software or services
that are not related to Your Device; (b) installation of third-party software or OEM drivers not supported by Your Device; (c) assistance with
network coverage issues, such as dropped calls/data interruptions; (d) over-the-air updates to operating systems, firmware, or some software;
(e) diagnostic support not related to Your Device; (f) modification of Original Equipment Manufacturer (“OEM”) software; (g) hardware and
equipment setup and repair; (h) installation of non-sanctioned applications; or (i) assistance with enterprise level software industry specific
hardware or equipment.
23. COMMERCIALLY REASONABLE EFFORTS & TECHNICAL PROBLEMS. We will use commercially reasonable efforts to provide You with the
Services. This means that if We are unable to resolve the issue related to Your Device after making commercially reasonable efforts, We have
the right and sole discretion to refuse to take any further steps to resolve the issue related to Your Device. Additionally, in some instances, We
may have limited information from vendors, manufacturers, and developers, and We may not have the ability to obtain the proprietary or other
information required to resolve the issue related to Your Device. Some technical problems that You encounter when using Your Device may be the
result of software or hardware errors not yet resolved by the hardware or software vendors, manufacturers or developers, in which case We may
not be able to resolve Your specific issue. In these circumstances, You are still liable to Us for any fees or charges associated with the Services.
24. REMOTE ACCESS. To receive the Services, You may be required to download and/or run certain software applications (“Software”) on Your Device
and/or any device connected to or used in connection with Your Device. The Software may include tools that allow Us to remotely access Your
Device through Our Software platforms or the platforms of our third-party providers, and We may access any device connected to Your Device,
as well as the contents thereon. You may be required to close out or “hide” some content prior to permitting remote access to Us. You agree to
comply with the terms and conditions applicable to the Software, and in the event of a conflict between those terms and conditions and this
Agreement, the Software-specific terms and conditions will control with regard to the Software. You are prohibited from and agree not to alter or
copy the Software or any other materials provided to You as a result of Your use of the Services.
25. BACK-UP. It is Your responsibility to back-up the software and data that is stored on Your Device or other devices manufactured to be compatible
with Your Device or intended to be connected thereto, and We shall not be responsible for any loss, alteration, or corruption of any hardware,
software, data, or files. We may decline to provide the Services to You if We determine that appropriate back-up measures have not been taken by
You regardless of the cause of any such loss or damage. You are responsible for any and all restoration and reconstruction of lost or altered files,
data or programs.
Asurion® and its logos are the trademarks of Asurion, LLC. All rights reserved. All other trademarks, service marks, and product brands that
appear in the app are not owned by Asurion and are the property of their respective owners. Asurion is not affiliated with, sponsored by, or
endorsed by the respective owners of the other trademarks, service marks and/or product brands.
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