2424
577 v. PA4-1 (09/21)
Return of Replaced Equipment/Non-return Charge. Covered Equipment approved for replacement must be returned to
Us. You will be required to return the failed Covered Equipment to AT&T, Authorized Service Provider, or We may require You to
return the Covered Equipment to Us at Our expense within thirty (30) days, in the return mailer We provide. You must return the
Covered Equipment as directed by Us, including unlocking the Covered Equipment, or pay the non-returned equipment charge
applicable to the model of Covered Equipment that We replace. YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE
COVERED EQUIPMENT AS DIRECTED.
TRANSFERABILITY: Equipment owned or leased by anyone other than You may not be made a Covered Equipment. Any
abuse of the Plan by You, including but not limited to seeking replacement of an Equipment not belonging to You, may result in
termination of the Plan upon notice.
RENEWAL: We may elect not to renew the Plan upon 30 days’ written notice to You.
Cancellation. This Plan is provided on a monthly basis and may be cancelled by You at any time for any reason by notifying
AT&T. You can cancel this Plan at any time for any reason by contacting Us at 888.562.8862, visiting att.com/myatt, or by
writing the administrator at: Asurion Customer Care Center, P.O. Box 411605, Kansas City, MO 64141-1605. In the event
You cancel this Plan within thirty (30) days of receipt of this Plan, You will receive a full refund of any payments made by
You under this Plan, including sales tax, less the cost of any claims that have been paid or repairs that have been made. In
the event You cancel this Plan after thirty (30) days of receipt of this Plan, You will receive a refund equal to one hundred
percent (100%) of the pro-rata unearned portion of the price paid for the Plan, less the cost of any claims that have been
paid or repairs that have been made. This Plan may be cancelled by You or by Us for any reason at any time. In the event We
cancel this Plan, We shall provide You with a written notice at least thirty (30) days prior to the effective date of cancellation,
which notice shall state the effective date and grounds for cancellation. If We cancel this Plan, We will refund You 100%
of the pro-rata amount of the unearned portion of the Plan price paid, if any, based upon elapsed time. For residents of
Alabama, Arkansas, California, Colorado, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri,
Nevada, New Jersey, New Mexico, New York, South Carolina, Texas, Washington, Wisconsin and Wyoming, and any other
jurisdiction required by law, any refund owed and not paid or credited within thirty (30) days of cancellation shall include
a ten percent (10%) penalty per month. If You fail to make any payment for this Plan or any charge provided for in this
Plan, coverage will cease on the date the payment was due. Any termination, cancellation, suspension, interruption, or
discontinuation of Your wireless product service with AT&T, or any AT&T feature including Protect Advantage for 4 that You
purchase in combination with this Plan, for any reason constitutes cancellation of the Plan by You, subject to the terms and
conditions of this Plan.
Insurance. This Plan is not an insurance policy however, our obligations under this Plan are insured under an insurance
policy issued by Continental Casualty Company, 151 N. Franklin St., Chicago, IL 60606 in the following jurisdictions:
Alabama, Arkansas, California, Colorado, Connecticut, District of Colombia, Georgia, Hawaii, Illinois, Indiana, Kentucky,
Maine, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio,
Oklahoma, Oregon, South Carolina, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming and all other states
required by law. If You have filed a claim under this Plan and We fail to pay, provide service or provide You with a refund owed
within sixty (60) days, or if we become insolvent or otherwise financially impaired, You may contact Continental Casualty
Company directly at 1-800-831-4262 to report your claim.
Limitation of Liability. In the event of any error, omission or failure by Asurion or AT&T with respect to the Plan or the services
provided by Asurion or AT&T hereunder, Asurion and AT&T’s RESPONSIBILITY AND LIABILITY SHALL BE LIMITED TO THE
CHARGES ACTUALLY PAID BY YOU FOR THE Plan (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES
YOU PAID FOR THE Plan). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF Asurion OR AT&T
PERFORMANCE. FURTHER, Under no circumstances shall Asurion or AT&T be liable for indirect, incidental, consequential,
special, exemplary or punitive damages (even if Asurion OR AT&T have been advised of or have foreseen the possibility of such
damages), arising from the PLAN or Asurion OR AT&T performance under the PLAN, or under any provision of this PLAN, such
as, but not limited to, loss of revenue or anticipated profits or lost business. EXCEPT AS OTHERWISE EXPRESSLY STATED IN
THIS Plan, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE PLAN AND SERVICES TO BE PROVIDED HEREUNDER BY Asurion AND AT&T, INCLUDING ANY IMPLIED
WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Force Majeure. We have no responsibility for delays or failures due to acts of God, fire, flood, explosion, war, strike, embargo, acts
of the government, military authority, or the elements, or other causes beyond Our control, and in such event, We may cancel this
Plan immediately.
Waiver. No waiver in whole or in part of any term or condition of this Plan shall be construed as a continuing waiver of that term or
condition or a waiver in whole or in part of any other term or condition. We may reduce or waive the claim service fee for Covered
Equipment. We will post the current claim service fee schedule at phoneclaim.com/att, or You can ask for the current fee at any
AT&T store or by calling 888.562.8662.