Wireless Phone Protection

Illinois Valley Cellular

Wireless Protection Program

Various provisions in this Extended Service Contract (Contract) restrict coverage. Read the entire Contract carefully to determine rights, duties and what is and is not covered, This is the complete Contract, If you have questions regarding this Contract we will be pleased to answer them.

· Equipment failure evaluations performed by the Communication Service Provider, Dealer and/or the manufacturer must be confirmed prior to making the claim for product repair or replacement.

· All claim repairs or replacements must be authorized by the Administrator before repairs or replacements are made. All unauthorized claim repairs or replacements will be denied. (See claims section)

Coverage Term

· The Contract term is monthly, from the inception date and subject to the Waiting Period and the continuous payment of the monthly service fee, unless the Administrator notifies You that your application has been denied. No claim can be filed within the Waiting Period.

· This Contract will renew automatically, without interruption, at the expiration of the initial term and each subsequent monthly term thereafter provided that the monthly service fee is paid each month.

Deductible

A non-refundable twenty-five dollar ($25) deductible will be collected for each authorized claim for the Covered Product under one hundred and twenty-five dollars ($125). A non-refundable fifty dollar ($50) deductible will be collected for each authorized claim for the Covered Product valued between one hundred and twenty-five dollars ($125) to three hundred dollars ($300). A non-refundable seventy-five dollar ($75) deductible will be collected for each authorized claim for the Covered Product over three hundred dollars ($300) or any type of Personal Digital Assistants (PDAs). An additional twenty-five dollars ($25) fee will be charged to the Contract Holder if a claim is filed within the first ninety (90) days. This Contract is not transferable.

In return for Your payment of the monthly service fee, subject to all of the terms and conditions of this Contract, We will repair and replace the Covered Product due to a Loss not covered under the manufacturer’s warranty, unless repair or replacement is precluded pursuant to Section III, Exclusions below.

A. “Administrator” means Heritage Administrative Services, appointed to administer the Wireless Protection Program.

B. “Authorized Service Facility,” means the location or locations that are registered and serve as a repair or replacement facility for the Administrator.

D. “Communication Service Provider” means the provider of the wireless telephone service for Your Covered Product.

E. “Covered Product” as used in this Contract means wireless telephones, Personal Digital Assistants (PDAs) and related standard equipment owned by You and actively registered on a Communication Service Provider’s wireless network. Covered Product is limited to one telephone, one standard battery and one standard home charger.

F. “Contract Holder” means the customer of the Dealer for whom the Administrator, has on file, a complete description of the Covered Product and who has, before the date of the Failure in question, paid all applicable fees payable with respect of the Covered Product.

G. “Failure” means Mechanical or Electrical Failure of Covered Product to operate due to a faulty part or workmanship when operated according to the manufacturer’s instructions and liquid damage.

I. “Pollutants” means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, chemicals, artificially produced electric fields, magnetic fields, electromagnetic field, sound waves, microwaves, all artificially produced ionizing or non-ionizing radiation and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

J. “Waiting Period,” means the thirty-day (30) period that begins on the Contract inception date. The thirty (30) day waiting period is not applicable to any new activations or upgrades that include a new cell phone purchase.

K. “We”, “Us” and “Our” means the Obligor under this Contract, Heritage Administrative Services.

We will not pay for Loss caused directly or indirectly by any of the following. Such Loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the Loss.

A. Nuclear Hazard, meaning any weapon employing atomic fission or fusion; or nuclear reaction or radiation or radioactive contamination from any other cause.

B. War, including undeclared or civil war; warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellions, terrorism, revolution, usurped power of action taken by government authority in hindering or defending against any of these.

C. Governmental action, meaning seizure or destruction of property by order of governmental authority.

D. Indirect Loss, meaning any delay, failure of market, failure 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 Product due to the interference at the location of repair or replacement by strikers, other persons or any other cause.

E. Loss due to acts caused by or resulting from rodents, insects, vermin or other animals.

F. Loss due to the intentional parting of Covered product by You or anyone entrusted with the property.

G. Failure due to obsolescence, including technological obsolescence of the Covered Product.

H. Intentional, dishonest, fraudulent or criminal acts by You, 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.

I. Failure caused by cosmetic change (custom faceplates) or change or enhancement in color, texture, finish, expansion, contraction, or any cosmetic damage of Covered product however caused, including, but not limited to, scratches, marring, and cracked housing or casing that occur to Covered Product that does not affect the mechanical or electrical function of the Covered Product.

J. Failure resulting from faulty repair, adjusting, installation, servicing, or maintenance.

K. The discharge, dispersal, seepage, migration, release or escape of Pollutants.

N. Use of the Covered Product in a manner for which it was not designed or intended by the manufacturer, or failure to follow the manufacturer’s installation, operation or maintenance instructions.

O. Error or omission in design, programming, system configuration, faulty construction, or any original defect in any Covered Product, or recall by the manufacturer.

P. Loss to batteries (unless damaged as part of wireless telephone Loss), antennas, external housing or casings that do not affect the mechanical or electrical function of Covered Product.

Q. Covered Product whose Serial Number, IMEI, HEX or ESN has been altered, defaced or removed.

R. Failure due to normal wear and tear, gradual deterioration, inherent vice or latent defects.

S. Loss during the Waiting Period or arising out of an occurrence during the Waiting Period.

U. Any antenna or wiring that is attached to, or protrudes from, or is on the exterior of any vehicle or watercraft.

V. Property in transit to You from a manufacturer or seller that is not the Authorized Service Facility.

Y. Loss that occurs during a period of suspension of service from the Communication Service Provider (other than a suspension related to Your reporting obligations under this Contract) until Your account with the Communication Service Provider is brought to active status.

Z. Loss due to the Communications Service Provider’s inability to provide adequate service for wireless telephone use.

AA. Covered Products not readily available in the United States through Communication Service Providers (overseas unlocked phones).

Administrator may cancel this Contract at any time if it is determined that You or Your equipment does not qualify, by mailing or delivering written notice of cancellation, to You at the last mailing address known to them. You may cancel this Contract within the first fifteen (15) days following the Contract inception date, Any monthly service fee not paid within the proper payment cycle will result in automatic cancellation of this Contract.

A. The Claim Center will not pay more than the replacement value of the Covered Product, not to exceed one thousand dollars ($1000), less the applicable deductible, for replacement due to Loss or damage to the Covered Product for any one enrolled Contract Holder.

B. A maximum of 2 (two) repairs or 1 (one) replacement for Loss will be allowed per Covered Product. More than 2 (two) claim occurrences per 12 (twelve) month period will cause cancellation from the Program.

C. This Contract will be automatically renewed if the Covered Product is replaced. The monthly service fee billing will continue and a new waiting period will begin on the date the Covered Product is replaced.

The coverage territory is the United States and a Loss will be adjusted under U.S. currency at the time of the settlement.

If any person or organization to or for whom the Administrator makes payment under this Contract has rights to recover damages from another, those rights are transferred to the Administrator. That person or organization must do everything necessary to secure the Administrator’s rights and must do nothing after a Failure to impair them. Any recovery or salvage on a Loss will accrue, entirely to the Administrator’s benefit, until the sum paid by the Administrator has been made up. Upon request from the Administrator, You will return to the Claim Center any damaged equipment.

It is intended that the Claims Center’s right to adjudicate every claim, which is to verify that the claim is within the Contract term, coverage cost, has not been preempted. Coverage for any claim that has not been pre-approved in accordance with the provisions, terms and conditions for this Contract will be denied.

A. Equipment failure evaluations performed by the Communication Service Provider, Dealer and/or manufacturer must be confirmed prior to making Your claim for product replacement.

D. If requested, You must permit the Claim Center to inspect the property and records proving Loss and must cooperate in the investigation of such claim.

E. In the event of a covered Loss, You may be required to provide a copy of the original bill of sale.

F. If requested, You must permit the Claim Center to question You, at such times as may be reasonably required, about any matter relating to this coverage or Your claim, including your books and records.

G. If requested, You must be able to provide the Communication Service Provider’s Account billing information for the most recent three (3) months.

H. You will do what is reasonably necessary to minimize the Failure to protect the Covered Product from any further damage.

I. If a claim involves a violation of law or any Loss of possession, You must promptly notify the law enforcement agency with jurisdiction and obtain confirmation of this notification.

J. You must report the Loss promptly to the Claim Center not later than ten (10) days from the date of Loss. If the Loss is not reported within ten (10) days, Your claim will be denied.

K. You must provide the Claim Center with all of the necessary information required to authorize Your claim within thirty (30) days of the date that You report Your Loss to the Claim Center. Loss on Your part to take delivery of equipment within thirty (30) days of claim authorization from the Claim Center will result in denial of Your claim under this Contract.

L. You must provide the Claim Center with a detailed proof of Loss statement. And a copy of the police report filed for theft, attempted theft, vandalism, or lost equipment within thirty (30) days of the Date of Loss prior to receiving the replaced equipment. Proof of Loss requirements are satisfied once all requested information has been received by the Claim Center as outlined in this Contract. Please fax to 877-220-8501.

M. In the event of a covered Loss the Claim Center will reimburse the Authorized Service Facility for its cost to repair or replace Your Covered Product.

P. Any Contract Holder canceling the deductible payment will be responsible for payment for the full amount of the value of the Covered Product and any additional charges incurred by the Administrator.

A. No person or organization, other than You, having custody of Covered Product will benefit from this coverage.

C. This coverage is void in any case of fraud, intentional concealment or misrepresentation of a material fact, at any time, concerning:

D. You will not be entitled to receive cash in lieu of actual repair or replacement equipment.

E. If the Claim Center is unable to repair Contract Holder’s Covered Product the Claim Center will replace it with equipment of like kind or quality. It is at the sole discretion of the Administrator to replace the Covered Product with a new or remanufactured unit.

F. Replacement equipment may not be exchanged, returned or replaced for any reason other than the inability to properly activate the replaced equipment as determined by the Authorized Service Facility.

G. This Contract will be voided if the Covered Product’s Serial Number, IMEI,HEX or ESN has been altered, defaced or removed.

H. This Contract will be voided if the Covered Product’s exchange is not registered with the Administrator.

I. This Contract will be voided if the Contract holder cancels the deductible payment.

J. The Contract holder will be responsible for all shipping costs of the Covered Product to the Authorized Service Facility.

K. The Contract Holder must claim the repaired or replaced Covered Product within ninety (90) days of the Authorized Service Facility’s repair or replacement. If the Covered Product is not claimed by Contract Holder the Covered Product will become property of the Administrator.

The Administrator does not authorize any other person to assume for them any other obligations or liabilities stated in this Extended Service Contract. Our performance for covered repairs under this Contract is insured separately by an Insurance policy issued by Heritage Warranty Insurance, RRG. If satisfaction is not received within sixty (60) days after proof of Loss is filed, You may contact Heritage Warranty Insurance, RRG. at #3 Lockwood Drive, Suite 303A, Charleston, South Carolina 29401.