starting as low
$
as /month
4
Mobile Care Plus
Loss • Theft • Damage • Malfunction
for Contract Phones
Enroll today.
See a Walmart associate for details.
Every day, over 150,000
mobile phones are lost
or damaged.
Three levels of protection
BEST VALUE
Insurance + Warranty
Loss
Theft
Damage
Malfunction
What will you do when this happens to you?
Make sure you are protected.
•
•
•
•
Plan A
4
4
4
4
$4.00
$2.70
Deductible
$30
$30
Plan B
Deductible
Plan C
See a Walmart associate
and enroll today.
Monthly Fee
Deductible
Plan D
Monthly Fee
Deductible
Plan E
* Next day or Saturday delivery is not available in all areas.
Delivery is not available on Sunday.
The maximum replacement cost per claim is $170.*
Monthly Fee
Monthly Fee
2
Warranty
Your plan is determined by your phone. Please see the phone display or Walmart associate to
confirm the plan for the phone selected.
Get full coverage with both the Mobile Care Plus Insurance and Mobile Care Plus Warranty programs
Covers loss, theft, damage and malfunction
Coverage starts as low as 14 cents per day
Next-day replacement*
The insurance program of Mobile Care Plus is underwritten by
Old Republic Insurance Company. N.E.W. Administrative Services
Company, Inc. is the obligor of the warranty program of Mobile
Care Plus (Except in FL, where Asurion Florida Warranty Services,
LLC is the obligor for the warranty program).
4
4
4
4
Insurance
Monthly Fee
Deductible
$2.00
$0 In-Warranty
$30 Out-of-Warranty
The maximum replacement cost per claim is $250.*
$5.00
$3.40
$50
$50
$3.00
$0 In-Warranty
$50 Out-of-Warranty
The maximum replacement cost per claim is $400.*
$6.50
$4.40
$85
$85
$3.00
$0 In-Warranty
$85 Out-of-Warranty
The maximum replacement cost per claim is $580.*
$7.00
$5.20
$140
$140
$3.00
$0 In-Warranty
$140 Out-of-Warranty
The maximum replacement cost per claim is $1,000.*
$10.00
$8.20
$200
$200
$3.00
$0 In-Warranty
$200 Out-of-Warranty
The claim maximum does not apply to In-warranty claims. In-warranty claims do not have a service fee.
If you don’t see your phone, go to see.walmart.com/mobilecareplus or call Asurion at 1-866-653-4202 for your phone plan.
*
3
Insurance Program Details
Deductible:
Each approved claim is subject to a
non-refundable deductible. The amount of
this deductible depends on the phone.
Covered
Equipment:
If the mobile phone you purchased with
a contract is lost, stolen, or damaged, your
accessories are covered as part of the loss.
Accessories include: one standard battery,
home charger, and earbud.
Claim Limits:
2 claims in a 12-month period subject to the
maximum replacement cost per claim.
Replacement
Phone:
Our goal is to provide you with a replacement
phone that is the same make and model
as the phone claimed; however, if it is not
available, a similar make and model will be
substituted. Your replacement phone could
be new or remanufactured. You may also
receive generic accessories. Replacement
phones are backed by a 12-month warranty.
Cancellation
Policy:
4
Just for clarity
Walmart has arranged for its customers to have access
to this program. You are not required to purchase it in
order to activate service. However, without protection,
you may be responsible for the full replacement cost
of your phone should the unexpected happen.
You may already have coverage through homeowner’s
insurance, your wireless carrier, or other means that
duplicate this coverage. (Your Walmart associate is not
qualified to evaluate your existing insurance coverage.)
Keep in mind that if you have homeowner’s insurance
coverage, it could have a higher deductible.
Any questions regarding the coverage should be
directed to Asurion at 1-866-653-4202.
Walmart is not the insurer or the administrator of claims
under the insurance program.
Coverage is optional. You may cancel at any
time and receive a pro-rated refund of
your unearned premium by calling Asurion at
1-866-653-4202.
NOTE: 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.
5
Fast replacement
You have peace of mind knowing your phone is covered
for loss, theft, and damage. You’re even covered for water
damage! Get reconnected quickly with next-day shipping
in most cases. You can file your claim online typically in
10 minutes. Go to see.walmart.com/mobilecareplus
to get started. If the unexpected happens, you’ll know
what to do, and exactly how much a replacement
will cost.
Receive e-mails with claim status updates and package
tracking as well. All claims must be filed within 30 days
of an incident.
How to file
a claim
• Visit see.walmart.com/mobilecareplus or
call Asurion at 1-866-653-4202
• Have the make and model of your phone available
• Have a method of payment for your deductible
on hand
• We may request proof of ownership and/or
government-issued ID
• We may request a police report number
if you are filing a claim for a stolen phone
6
THE INSURANCE POLICY CONTAINS A NON-BINDING ARBITRATION
PROVISION THAT REQUIRES THE SUBMISSION OF ALL DISPUTES
(EXCEPT WHERE EXPRESS EXEMPTIONS ARE PROVIDED) TO
NON-BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS
SET FORTH IN SECTION G.1. OF THE INSURANCE POLICY.
7
Terms & Conditions
OLD REPUBLIC INSURANCE COMPANY
SUMMARY OF PORTABLE ELECTRONICS COMMERCIAL INSURANCE
Various provisions in the policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and
is not covered.
The words ‘’we,’’‘’us’’ and ‘’our’’ refer to Old Republic Insurance Company that is providing this insurance.
The terms ‘you’ and ‘your’ mean, as the context requires, the First Named Insured or any Additional Insured or both.
The word “Agent” refers to Asurion Protection Services, LLC.
The term “Authorized Service Center” means Wireless Customer Solutions, Inc. that is providing repair and replacement services on
our behalf.
The term “Vendor” means Wal-Mart Stores, Inc., who is the First Named Insured, providing the Covered Property.
A.COVERAGE
In exchange for premium paid when due, we agree to provide the coverage as stated in the policy on a month to month basis, provided that any covered damage or loss to the Covered Property is sustained while your coverage is in effect.
1. Who Is Covered
a. First Named Insured
The First Named Insured is Wal-Mart Stores, Inc.
b. Additional Insureds
The First Named Insured has the right to request Additional Insured status for a customer for his or her interest in Covered Property which he, she or it owns (referred to herein collectively with the First Named Insured as “Insured”). Requests for coverage for Additional Insureds are subject to our approval.
2. Covered Property
Covered Property means the eligible wireless communications device owned by You and for which your device appears in the
enrollment records provided to Us at the time you initially purchased this coverage and for which you have paid monthly
premiums to date. To change the coverage to a different device purchased from Wal-Mart Stores, Inc., You must contact Us at
1-877-968-6391 or see.walmart.com/mobilecareplus for the Covered Property to change to your new device. Only devices purchased at Wal-Mart Stores, Inc. are eligible for this coverage; if you change your device and fail to notify Us of the change of devices your original device remains the Covered Property even if you no longer possess the device.
3. Coverage Period
Coverage is provided for the Policy Period shown in the Declarations subject to Section G.4.a.
4. Coverage Territory
a. We insure the Covered Property wherever it is located in the world.
We may require any claims occurring outside the United States or its territories to be processed in the United States.
5. Covered Causes of Loss
Covered Causes of Loss means risks of being lost, stolen or directly damaged, except as limited or excluded elsewhere in the policy.
ORIC-VEND-102 (02/11)
8
B.EXCLUSIONS
This insurance does not apply to loss or damage identified in any of the following or directly or indirectly caused by or resulting from any of the following:
1. Governmental Authority
Seizure or destruction of property by order of governmental authority.
2. Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination, however caused. If physical loss or damage by fire ensues, we will pay only for such ensuing loss or damage.
3.War
a. War, including undeclared or civil war;
b. Warlike action by a military force; or
c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these.
Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage.
4. Delay, Loss of Use
Indirect or consequential loss or damage, including loss of use, interruption of business, loss of service, loss of market loss of time, loss of profits, inconvenience or delay in repairing or replacing lost or damaged Covered Property.
5. Electrical and Mechanical Breakdown
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.
6. Dishonest or Criminal Acts
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.
7.Obsolescence
Obsolescence or depreciation.
8. Recall or Design Defect
a. Manufacturer’s recall; or
b. Error or omission in design, programming or system configuration.
9. Cosmetic Damage
Cosmetic damage, however caused, that does not affect the manufacturer’s intended use. This includes:
a. Cracking, marring, or scratching.
b. Change in color or other change in the exterior finish.
c. Expansion or contraction.
10. Covered Under Warranty
Loss or damage that is covered under the manufacturer’s warranty. In the event we have knowledge of a prior malfunction, proof of repair may be required before coverage for future claims is applicable.
ORIC-VEND-102 (02/11)
6. Property Not Covered
Covered Property does not include:
a. Contraband or property in the course of illegal transportation or trade.
b. Data, meaning information input to, stored on, or processed by the Covered Property. This includes documents, databases, messages, licenses, contact information, passwords, books, games, magazines, photos, videos, ringtones, music, and maps.
c. Proprietary electronic devices included with automobile systems and any motor vehicle or watercraft original or after-
market equipment or accessories, whether or not permanently installed, including any antenna or wiring.
d. Property that has been entrusted to (including to and from) others for any service, repair or replacement, other than Wireless Customer Solutions, Inc. or its designee.
e. Nonstandard Software, meaning software other than Standard Software. “Standard Software” means the operating system pre-loaded on or included as standard with the Covered Property from the manufacturer.
f. Any portable electronic device whose unique identification number (including serial number, ESN, MEID, IMEI or similar unique identification number) has been altered, defaced or removed.
g. Nonstandard External Media, meaning 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. “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.
h. Any property you lease, rent or hold for others.
i. Any other equipment or accessories not described as Covered Property.
j. Batteries (unless otherwise covered as a covered accessory when part of a loss to other Covered Property).
9
11.Late Claims
Claims not reported as required by Section E.3. of this policy.
12.Programming, Repair Work
Programming, cleaning, adjusting, repairing, modifying, installing, servicing, maintaining, or performing any other work upon Covered Property.
13. Virus
Computer virus or any other malicious code or similar instruction that:
a. Disrupts the normal operation of the Covered Property; or
b. Results in destruction of or unsuitability of data or programs stored in the Covered Property.
14.Voluntary Parting
Voluntarily parting with Covered Property by an Insured or by any person entrusted with Covered Property, whether or not induced to do so by any fraudulent scheme, trick, device or false pretense.
15. Intentional Loss or Damage
Abuse, intentional acts, or use of the Covered Property in a manner inconsistent with the use for which it was designed, intended, or advised by the manufacturer or that would void the manufacturer’s warranty.
16.Pollution
The discharge, dispersal, seepage, migration or escape of pollutants. Pollutants means any solid, liquid, gaseous, or thermal
irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals, artificially produced electric fields,
magnetic field, electromagnetic field, sound waves, microwaves, and all artificially produced ionizing or non-ionizing
radiation and/or waste. Waste includes materials to be recycled, reconditioned or reclaimed.
17. Fees or Charges
Any fees or charges assessed by Wal-Mart Stores, Inc. whether the charges incurred are legitimate or fraudulent.
18.Failure to Mitigate
Failure to do what is reasonably necessary to minimize the loss and to protect the Covered Property from any further loss.
19.Vermin
Insects, rodents, or other vermin.
C. LIMITS OF INSURANCE
The most we will spend in any one occurrence to repair or replace Covered Property is
Covered Property on Schedule A ...................... $170.00
Covered Property on Schedule B ...................... $250.00
Covered Property on Schedule C ...................... $400.00
Covered Property on Schedule D ...................... $580.00
Covered Property on Schedule E ...................... $1000.00
The Limit of Insurance applies separately to each claim.
Each Additional Insured is limited to 2 losses in any consecutive 12 month time period. When this limit is exhausted, coverage will cease immediately and we will notify the Additional Insured that his or her coverage has ceased and no future premiums
are due.
D.DEDUCTIBLE
The Deductible is
Covered Property on Schedule A ...................... $30.00
Covered Property on Schedule B ...................... $50.00
Covered Property on Schedule C ...................... $85.00
Covered Property on Schedule D ...................... $140.00
Covered Property on Schedule E ...................... $200.00
ORIC-VEND-102 (02/11)
10
4.Protect
Take all reasonable steps to protect the Covered Property from further damage.
5. Permit Inspection
Permit us or our Agent to inspect the damaged property. If we request to evaluate your equipment failure prior to completion of your claim, we may require you to take the Covered Property to a specified location in your area, or send it to the Agent or Authorized Service Center at our expense.
6. Statement Under Oath
If requested by us or our Agent, submit to questioning under oath about a claim or other matter relating to this policy.
In such event, the answers must be signed and may be recorded.
7. Proof of Loss and Ownership
If required, provide:
a. Proof of ownership, such as a bill of sale, receipt, proof of purchase or warranty exchange.
b.
A signed, sworn proof of loss or damage containing the information we or our Agent request to settle the claim.
We may require this statement to be notarized, for which you may incur a nominal fee.
c. A copy of government-issued photo identification.
d.
Other records and documents that may be reasonably requested.
These records must be provided within 30 days after our request for the documentation.
8. Return of Damaged and/or Malfunctioning Covered Property
The Additional Insured is required to return the damaged property including, if coverage is provided under this policy,
property that suffered mechanical and electrical breakdown, to the Authorized Service Center. If the replacement
equipment is sent to you, the Authorized Service Center will provide a prepaid shipping label and envelope in which to
return the damaged property.
Disposal of the damaged Covered Property other than by returning it to the Authorized Service Center requires the prior consent of the Authorized Service Center.
If the damaged Covered Property is not returned to the Authorized Service Center within 15 days of the receipt of
the replacement equipment, a Non-Return Fee as applicable to the model of Covered Property, not to exceed the
Non-Return Fee up to $500 may be charged to the Additional Insured.
Any recovery of lost or stolen property will accrue entirely to our benefit.
9. Take Delivery
We may make available to you the approved replacement equipment for pick up at your Vendor. We may also ship
the approved replacement equipment through our Authorized Service Center directly to you within the United States
for which you must be available to take delivery of the replacement equipment within 30 days of claim authorization.
If you are not available at the time you agree to take delivery, you may be required to pay the costs of reshipping your replacement equipment.
ORIC-VEND-102 (02/11)
The deductible is non-refundable and is payable at the time a repair or replacement is approved by the Agent. This Deductible will apply to each filed and approved covered claim, and does not reduce the Limit of Insurance. Only an Insured may pay
the Deductible.
E. INSURED’S DUTIES IN EVENT OF LOSS TO INSURED’S COVERED PROPERTY
In the event of loss or damage to Covered Property, the Insured presenting the claim must cooperate with us and see that the following are done:
1. Suspend Wireless Service
Suspend your wireless communication service, if applicable, as soon as possible if the Covered Property is lost or stolen.
2. Notify Police
If a claim involves a violation of law or any loss of possession, notify the police and obtain a police report or case number, the police station phone number, and the officer’s name and badge number taking the report. If requested, provide a copy of the police report to Asurion Protection Services, LLC. within 30 days of request.
3. Notify Agent, Give Description
Notify Asurion Protection Services, LLC. within 30 days of the time of loss.
Give a complete description of:
a.
The Covered Property, including make and model, wireless number, if applicable, and unique identification number (such as serial number, ESN, MEID, IMEI or similar unique identification number); and
b. How, when and where the loss or damage occurred.
11
F. OUR DUTIES IN EVENT OF LOSS
1. When We Repair or Replace
If a claim is made, we or Asurion Protection Services, LLC. will notify the Insured of Asurion Protection Services, LLC. assessment of the claim within 10 days after we or Asurion Protection Services, LLC. receive all the information requested from the Insured presenting the claim.
Repair or replacement of the lost or damaged Covered Property will be done within 30 days after the Insured, or his or her designee has complied with all the terms of the policy, and we have agreed with the Insured about the repair or replacement.
2. Our Options
At our option, we or Asurion Protection Services, LLC. may repair the Covered Property with substitute parts or provide substitute equipment that:
a. Is of like kind, quality and functionality;
b. Is either new, refurbished or remanufactured, and may contain original or non-original manufacturer parts; and
c. May be a different brand, model or color.
G. ADDITIONAL CONDITIONS
1.
This Arbitration provision requires the submission of any dispute to Arbitration.
a. Instead of first suing in court, disputes or controversies of any nature whatsoever (whether in contract, tort, or otherwise,
including statutory, common law, fraud, other intentional tort, property and equitable claims) will be arbitrated on an
individual, non-class basis, arising out of, relating to, or in connection with:
(1) The policy,
(2) Any activities, transactions, services or interactions of any kind involving any Insured and us (for purposes of this
Section G.1., “we” or “us” will include any of our employees, agents, representatives or associated businesses who are
involved in any way in any activities, transactions, or services with any Insured relating to this policy), and the
relationships which result from this policy, including, to the full extent permitted by applicable law, relationships
with third parties who are not parties to this policy; or
(3) The validity, scope or enforceability of this arbitration provision or the entire policy.
b. Any such claim, dispute or controversy instead shall be resolved on an individual basis without resort to any form of class action or class arbitration, by nonbinding arbitration before a single arbitrator. All Insureds and we waive any right to
pursue on a class basis any such dispute, controversy or claim, even if applicable law permits class actions or
class arbitrations.
c. All arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time the demand for arbitration is filed. The Rules and Procedures, as well as forms and information on arbitration in general may be obtained by calling 1-800-778-7879, or by visiting AAA’s Web site at www.adr.org.
d.
Any arbitration which the Insured attends will take place at a location within the federal judicial district that includes the
Insured’s billing address at the time the demand for arbitration is filed.
e.
Upon written request, we will advance to the Insured either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether the Insured or us will ultimately be responsible for these fees and may waive the Insured’s fees upon a finding of economic hardship.
f. The arbitrator shall apply relevant, substantive law and applicable statutes of limitation and shall provide written reasoned findings of fact and conclusions of law. This arbitration provision is made pursuant to a transaction involving
interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq.
g. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the arbitration provision.
THE INSUREDS AND WE AGREE THAT THIS ARBITRATION WILL BE ON AN INDIVIDUAL BASIS.
2. Claim Authorization and Loss Payment
We or Asurion Protection Services, LLC. has the right to settle the loss with the Insured or his or her designee.
No claims will be accepted unless authorized by Asurion Protection Services, LLC
All repairs and replacements must be made by the Authorized Service Center, unless the Authorized Service Center gives the Insured other specific directions. In no event will Insureds be entitled to reimbursement for any out-ofpocket expenses.
3.Cancellation
a. How First Named Insured Cancels
The First Named Insured may cancel this policy by mailing or delivering to us advance written notice of cancellation.
In this event, the First Named Insured agrees to deliver notices of cancellation to all Additional Insureds, 30 days prior, to the cancellation of their coverage, or earlier if required by applicable state law, or to pay the Agent
for delivery thereof.
b. How Additional Insureds Cancel
An Additional Insured may cancel the coverage provided by notifying the Agent or its authorized representative.
c. How We Cancel
(1) We may cancel coverage for nonpayment of premium by mailing or delivering written notice of cancellation,
including the actual reason for cancellation, at least 10 days before the effective date of cancellation.
(2) When an Additional Insured’s coverage has been in effect for less than 60 days, we may cancel for any reason
by mailing or delivering written notice of cancellation, including the actual reason for cancellation, at least 30
days before the effective date of cancellation. We may cancel the coverage of any Additional Insured for fraud or intentional misrepresentation made in obtaining this insurance or in filing a claim under this insurance, by mailing or delivering written notice of cancellation, including the actual reason for cancellation, at least 15 days before the effective date of cancellation.
(3) When coverage has been in effect for 60 days or more, we may cancel the coverage of any Additional Insured for fraud or intentional misrepresentation made in obtaining this insurance or in filing a claim under this insurance, by mailing or delivering written notice of cancellation, including the actual reason for cancellation, at least 15 days before the effective date of cancellation.
(4) We also may cancel coverage for all Insureds by mailing or delivering written notice of cancellation at least 30
days before the effective date of cancellation, including the actual reason for cancellation, if:
(a) For any reason, we choose to stop providing this coverage for all Insureds in a given class; or
(b) The Agent or Wireless Customer Solutions, Inc. ceases to provide its claim service.
(5) How Notice of Cancellation Is Provided
If there is a cancellation in accordance with Section G.3.c., notice will be sent to:
(a)
Each Additional Insured affected by the cancellation, using the last mailing address known to us or as
otherwise authorized by you;
(b) The Agent; and
(c) The First Named Insured.
The First Named Insured agrees to pay or act as delivery agent for notice of cancellation to all
Additional Insureds.
d. Effective Date of Cancellation
Notice of cancellation will state the effective date of cancellation. The coverage will end on that date.
e. Return Premiums, If Any
If the policy is canceled, any refunds due will be on a pro rata basis. The cancellation will be effective even if the
refund has not been made or offered.
f. Proof of Mailing
If notice is mailed, proof of mailing will be sufficient proof of notice.
ORIC-VEND-102 (02/11)
12
ORIC-VEND-102 (02/11)
THE INSUREDS AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION PROVISION NEITHER INSURED NOR WE
WILL HAVE THE RIGHT TO FIRST GO TO COURT, HAVE A JURY TRIAL OR PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS
OF CLAIMANTS UNDER A CLASS ACTION OR CLASS ARBITRATION UNTIL THE ARBITRATION REQUIRED BY THIS PROVISION HAS BEEN
COMPLETED AND THE INSURED AND WE HAVE BEEN UNABLE TO RESOLVE OUR DISPUTE, CLAIM OR CONTROVERSY.
FURTHER, ALL INSUREDS AND WE WAIVE OUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS
OF CLAIMANT UNDER A CLASS ARBITRATION EVEN IF CLASS ARBITRATION WOULD OTHERWISE BE PERMISSIBLE UNDER
APPLICABLE LAW.
13
4.Eligibility
a. Eligibility for enrollment after the date of purchase may be subject to limitations.
If you request enrollment of coverage and your request is approved by us, your coverage is retroactive to the date of your application. The successful completion of a test call to the Covered Property may be required prior to our approval.
b. To be eligible for coverage you must not have engaged in fraud or abuse with respect to this or a similar communications
equipment insurance program.
c. To be eligible for coverage you must not be in breach of any material term of this policy, including but not limited to failure
to return damaged Covered Property when requested in conjunction with a loss.
5.Changes
The First Named Insured, on its own behalf and on behalf of the Additional Insureds, is authorized to make changes in the terms of the policy with our consent. The policy’s terms can be amended or waived only by endorsement issued by us and made a part of the policy.
If notice of such changes is mailed, proof of mailing will be sufficient proof of notice.
6. Concealment, Misrepresentation or Fraud
The policy is voidable in any case of fraud, intentional concealment or misrepresentation of a material fact, by either the First Named Insured or any Additional Insured or their designee at any time, concerning:
a. The policy;
b. The Covered Property;
c. The Insured’s interest in the Covered Property; or
d. A claim under the policy;
but only with respect to their coverage.
7. Conformity To Statute
We agree that any terms of the policy not in conformity with the statutes of the state in which the policy is issued are amended to conform to those applicable state statutes.
8. Benefit Only Available To Insureds
No person or organization, other than an Insured, will benefit from the insurance. We may provide you access to other limited benefits or services related to your Covered Property where available. These may include: property location or recovery services; data management or recovery services; equipment service and maintenance; reduced cost upgrade or purchase benefits or other services provided through your Vendor or other authorized service facilities.
9. Legal Action Against Us
No one may bring a legal action against us under the policy unless:
a. There has been full compliance with all the terms of the policy;
b. The action is brought within 2 years after the Insured has knowledge of the loss or damage;
c. The action is brought in compliance with Section G.1.
10. Liberalization
If we adopt any revision in the policy which would broaden the Coverage under the policy without additional premium
within 60 days prior to or during the policy period, the broadened coverage will immediately apply to this policy.
11. Premiums
a. At the election of the First Named Insured on file with us, either the First Named Insured or the Additional Insureds are responsible for the payment of all premiums.
b. The Agent:
(1) Will, monthly, report to us the total number of Covered Property units that were covered under this policy as of the last day of the reported month; and
(2) Will remit the monthly premium to us based on that report.
12. Transfer of Rights and Duties Under The Policy (Assignment)
No rights and duties under the policy may be transferred without our written consent.
13. Transfer of Rights of Recovery Against Others To Us (Subrogation)
If after we have made good the covered loss or damage, any Insured has rights to recover damages from another,
and those rights are transferred to us to the extent of our cost of repair or replacement. The Insured must do
everything necessary to secure our rights and must do nothing after loss or damage to impair them.
For California customers the California Department of Insurance consumer hotline is 1-800-927-4357.
CA license # OB35141
This is a summary of the terms and conditions. For a complete copy you can call Asurion at 1-866-653-4202 or write to
Asurion at:
P.O. Box 110656, Nashville, TN 37211. Attn: Legal Department.
The monthly premium will be calculated by multiplying the Monthly Premium Rate per unit of Covered Property by the total number of such units.
c. If the First Named Insured has elected that the Additional Insureds are responsible for the payment of all premiums, the First Named Insured may request that Additional Insureds be billed by Agent for the Monthly Premium Rate applicable to their Covered Property.
ORIC-VEND-102 (02/11)
If the First Named Insured provides monthly billing and collection services, all funds collected by the First Named Insured are our property. If the First Named Insured provides monthly billing and collection services, we may examine and audit the First Named Insured’s books and records relating to such premium payments and reporting at any time during the policy period and up to three years afterward.
ORIC-VEND-102 (02/11)
14
15
Warranty Program Details
The warranty program of Mobile Care Plus protects you with benefits
both during and after the manufacturer’s warranty period.
If during the manufacturer’s warranty period your phone suffers
malfunction or failure due to defects in materials or workmanship, with
the warranty program of Mobile Care Plus, we will provide expedited
shipping to the manufacturer at no cost to you for the manufacturer to
repair your phone.
After the manufacturer’s warranty expires, with the warranty program
of Mobile Care Plus, we will replace your phone if it malfunctions or
fails due to defects in materials or workmanship.
Warranty Program
Monthly Charge
Please see chart on page 3
Loss
No
Theft
No
Malfunction
Yes
Deductible/Processing Fee
Please see chart on page 3
Enrollment in the program must occur on the day of purchase of the
phone. A low monthly fee will be billed to your credit card. You can
cancel coverage at any time by contacting Asurion at 1-866-653-4202.
Walmart is not the obligor or administrator of the warranty program.
To file a claim
Visit see.walmart.com/mobilecareplus for easy convenient
claim filing.
Filing online typically takes less than 10 minutes. Call Asurion
24 hours a day, 365 days a year at 1-866-653-4202.
16
Terms & Conditions
Program Providers*:
Asurion Florida Warranty Services, Inc.
N.E.W. Administrative Services Company, Inc. (Asurion)
You can write to Us at:
N.E.W. Administrative Services Company, Inc.
P.O. Box 061078
Chicago, Illinois 60606-1078
As used in this Contract, ”We”, “Us”, and “Our” means the provider obligated under this Contract as follows: If this Contract is
purchased in Florida, Asurion Florida Warranty Services, Inc.; and if purchased in any other jurisdiction, N.E.W. Administrative
Services Company, Inc. “You” and “Your” means the Person who purchased this Contract.
*
TERMS & CONDITIONS
WARRANTY PROGRAM
These Contract terms and conditions together with Your Coverage Details document (the “Contract”) govern the Program, so You
should keep this Contract for future reference. Your wireless telephone number for the Covered Equipment is Your Contract number.
If purchased by phone, internet or other electronic means this Contract is purchased in the state identified in Your billing address in
the records of Asurion at the time of purchase.
PLEASE READ THIS CONTRACT CAREFULLY AND COMPLETELY, AS IT EFFECTS YOUR RIGHTS. THIS CONTRACT CONTAINS
AN ARBITRATION AGREEMENT THAT REQUIRES THE RESOLUTION OF ANY DISPUTES WITH ASURION OR BY ARBITRATION
RATHER THAN BY COURTS - PLEASE SEE THE ARBITRATION AGREEMENT PROVISION BELOW. THIS CONTRACT ALSO
CONTAINS PROVISIONS THAT LIMIT THE LIABILITY OF ASURION AND WAL-MART TO YOU – PLEASE SEE THE LIMITATION
OF LIABILITY AGREEMENT BELOW.
AGREEMENT
You agree to all the provisions of this Contract when You order the Program and/or pay for it. We may change the monthly charge
for the Program, the administration of the Program, or these terms and conditions from time to time upon at least 30 days written
notice to You. Such notice may be provided in a separate mailing, or by any other reasonable method, at Our discretion. If you
specifically authorize Us to communicate with You by electronic communications (such as e-mail), We may, at Our discretion, deliver
any notice provided for in this Contract to You by electronic communications. Your continued use of the Program and payment of
the charges, after such notice, constitutes Your acceptance of the changes. The Program is available only to customers of Wal-Mart
Stores, Inc. Your participation in the Program is optional and You may cancel the Program at any time. Please refer to the section in
this Contract regarding cancellation.
DEFINITIONS
1. “Wal-Mart” means Wal-Mart Stores, Inc. 702 SW 8th Street, Bentonville, AR 72716 and any successors.
2. Asurion means Asurion Florida Warranty Services, Inc. in Florida, and N.E.W. Administrative Services Company, Inc. in all other jurisdictions. You can write to N.E.W. Administrative Services Company, Inc. at P.O. Box 061078, Chicago, Illinois 60606-1078 or call 1-866-653-4202.
3. “Covered Equipment” means the Eligible Wireless Communications Device owned by You and which device appears in the enrollment records provided to Us at the time You initially purchased this Contract from Wal-Mart and for which You have paid monthly charges to date. To change the coverage to a different device purchased from Wal-Mart You must contact Us at
1-866-653-4202. Only devices purchased from Wal-Mart are eligible for this Coverage; if You change Your device and fail to notify Us of the change of devices Your original device remains the Covered Equipment even if You no longer possess the device. You may be required to provide proof of purchase and ownership at time of claim.
4. “Eligible Wireless Communications Device” means only new wireless communications devices that are purchased from Wal-Mart that are on the list of eligible devices at the time of purchase are eligible for coverage under this Contract. For a list of eligible devices, please visit see.walmart.com/mobilecareplus.
5. “Operational Failure” means failure of the Covered Equipment to operate due to operational, mechanical, or structural failure from defects in materials or workmanship.
6. “Replacement Equipment” means the wireless device of comparable kind and quality to the Covered Equipment which We provide to You in the event of a covered Operational Failure of the Covered Equipment.
7. “Effective Date” means the effective date of coverage as shown on Your Coverage Details document.
8. The “Program” means the MOBILE CARE PLUS WARRANTY described in this service Contract.
17
WHAT IS COVERED
If the Covered Equipment fails due to an Operational Failure after the manufacturer’s warranty period and while this Contract is in
effect, We will repair it, or, at Our sole option, replace it with a device of comparable kind and quality. If failure occurs in the standard
battery, standard charger, standard earbud, and/or Subscriber Identification Module (SIM) Card in conjunction with the Operational
Failure of the Covered Equipment, We will also repair, or, at Our sole option, replace one standard battery, one standard charger, one
standard earbud, or one Subscriber Identification Module (SIM) Card, as applicable. THERE IS NO ASSURANCE, REPRESENTATION,
OR GUARANTEE THAT ANY REPLACEMENT EQUIPMENT WILL BE IDENTICAL OR OFFER THE SAME FUNCTIONALITIES AS THE ITEM
BEING REPLACED. Replacement Equipment will be new, refurbished, or remanufactured, in Our sole discretion. The Replacement
Equipment immediately becomes the Covered Equipment.
If the Covered Equipment under this Contract fails due to an Operational Failure, during the manufacturer’s warranty period and
while this Contract is in effect, We will provide You a prepaid shipping label addressed to the original equipment manufacturer
so that You may expedite delivery of Your device to the manufacturer to request a repair under the terms of the manufacturer’s
warranty. WE WILL NOT PROVIDE REPAIR OR REPLACEMENT OF YOUR COVERED EQUIPMENT DURING THE MANUFACTURERS
WARRANTY PERIOD.
CONTRACT PERIOD
Your coverage begins on the effective date and continues from month to month until terminated by You or by Us. We may elect not
to renew the Program upon 30 days written notice to You.
CHARGES
You agree to pay the monthly charge for this Contract each month when charged. Applicable non-return charges, non-covered claim
charges, or shipping/restocking charges, if any, may be charged to You, or, at Our discretion, collected from You prior to providing
Replacement Equipment. If We do not receive full payment on the due date, a late payment fee of 1.5% per month or the highest
amount allowed by law, whichever is less, may be charged.
WHAT IS NOT COVERED
The Program does not cover:
1. Incidental or consequential damages;
2. Failures caused by acts of God, fire, flood, explosion, war, terrorism, strike, embargo, acts of the government, military authority, or the elements;
3. Loss, theft, abuse, misuse, improper installation, water damage, or customer negligence;
4 Normal wear and tear;
5. Cracked displays; and
6. Changes or enhancements in color, texture, finish, expansion, contraction, or any cosmetic damage to Covered Equipment however caused, including, but not limited to, scratches and marring, that do not affect the mechanical or electrical function of the Covered Equipment.
FURTHER, COVERED EQUIPMENT DOES NOT INCLUDE AND THE PROGRAM DOES NOT COVER
1. Contraband or property in the course of illegal transportation or trade;
2. Property in transit to You from anyone other than Us;
3. Consumable items, such as batteries (one standard battery will be provided with Replacement Equipment on claims approved for replacement of the Covered Equipment if the battery has also failed);
4. Battery chargers (one standard charger will be provided with Replacement Equipment on claims approved for replacement of the Covered Equipment if the charger has also failed); or
5. Any accessories, (except as otherwise provided with respect to batteries, battery chargers, earbuds, and SIM cards), including
memory cards or other external storage devices, color face plates, personalized data, or customized software, such as
personal information managers (PIMs), ring tones, games, or screen savers.
TO OBTAIN SERVICE
In the event of an Operational Failure of Covered Equipment, call Asurion at 866-653-4202 or visit see.walmart.com/mobilecareplus.
You must file the claim within thirty (30) days of the Operational Failure. If Your claim is approved by phone, We will provide the
Replacement Equipment by mail within ten (10) business days, or We may require You to pick up the Replacement Equipment at a
retail location in Your area. We may require You to provide a government issued photo i.d.
REQUIRED DEDUCTIBLE/PROCESSING FEE PER REPLACEMENT
If Your claim occurs within the manufacturer’s warranty period, no deductible/processing fee will apply. For claims that occur outside
the manufacturer’s warranty period, a non-refundable deductible/processing fee applies to each Covered Equipment replaced
18
pursuant to this Contract as shown in Your Coverage Details document. You agree to pay the deductible/processing fee to Us prior to
the replacement of Covered Equipment.
CLAIM LIMIT
We will cover the cost to replace the Covered Equipment up to the per claim limit shown in Your Coverage Details.
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 Us at Our expense in the return mailer We provide within ten (10) days. You must return the Covered Equipment as directed by
Us, 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.
CHARGE FOR NON-COVERED CLAIMS
If We ship You Replacement Equipment, We will notify You in writing within thirty (30) days of the return of replaced Covered
Equipment if We determine the returned Covered Equipment did not suffer an Operational Failure covered by the Program. The
non-covered claim charge applicable to the model of Replacement Equipment We provided will be charged to You unless You return
the Replacement Equipment, in good working order, at Your cost of shipping within fifteen (15) days of Our notification. If You return
the Replacement Equipment as required by this Contract, We will return to You Your original Covered Equipment and a up to a $300
shipping and restocking charge will be included on Your Bill.
CANCELLATION
This Contract may be cancelled by You or by Us for any reason at any time. You may cancel this Contract by providing notice to Us at
648 Grassmere Park Drive, Suite 300, Nashville, TN 37211 or by calling 1-866-653-4202. If You cancel this Contract within 30 days
from Your receipt of this Contract (the First 30 days), You will then receive a refund or credit for the full Contract price paid unless You
had a covered claim during the First 30 days. In the event You had a covered claim during the First 30 days, Your refund will be the
greater of the full Contract price paid less the cost of any covered claim or 100% of the pro-rata unearned portion of the Contract
price paid, if any, based upon elapsed time. Your refund will be 100% of the pro-rata unearned portion of the Contract price paid, if
any, based upon elapsed time if:
(i) You cancel after the First 30 days; or
(ii) We cancel this Contract.
For residents of Alabama, Arkansas, California, Hawaii, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Mexico, New
York, South Carolina, Texas, Washington, and Wyoming any refund owed and not paid or credited within 30 days of cancellation
shall include a 10% penalty per month. If You fail to make any monthly payment for this Contract or any charge provided for in
this Contract, coverage will cease on the date the payment was due. In the event We cancel this Contract, 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. Any termination, cancellation, suspension, interruption, or discontinuation of any feature (including
MOBILE CARE PLUS INSURANCE) that You purchased in combination with the Program, constitutes cancellation of the Program by
You, subject to the terms and conditions of this Contract.
LIMITATION OF LIABILITY
In the event of any error, omission or failure by Asurion or Wal-Mart with respect to the Program or the services provided by Asurion
or Wal-Mart hereunder, Asurion’s and Wal-Mart’s RESPONSIBILITY AND LIABILITY SHALL BE LIMITED TO THE CHARGES ACTUALLY
PAID BY YOU FOR THE PROGRAM (BUT NO MORE THAN THE LAST 24 MONTHLY CHARGES YOU PAID FOR THE PROGRAM). THIS IS
YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF ASURION OR WAL-MART TO PERFORM. FURTHER, UNDER NO
CIRCUMSTANCES SHALL ASURION OR WAL-MART BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY
OR PUNITIVE DAMAGES (EVEN IF ASURION OR WAL-MART HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH
DAMAGES), ARISING FROM THE PROGRAM OR ASURION OR WAL-MART PERFORMANCE UNDER THE PROGRAM, OR UNDER ANY
PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS CONTRACT, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM AND SERVICES TO BE PROVIDED HEREUNDER BY ASURION AND
WAL-MART 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.
ARBITRATION AGREEMENT
Please read this Arbitration Agreement carefully. It effects Your rights. Most of Your concerns about this Program can be
addressed simply by contacting Us at 866-653-4202. In the unlikely event We cannot resolve any disputes, including any claims
under the Program, that You or We may have, You and We agree to resolve those disputes through binding arbitration or small
19
claims court instead of through courts of general jurisdiction. You and We agree that any arbitration will take place on an
individual basis only. You and We agree to waive the right to a trial by jury and to participate in class arbitrations and class
actions. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. It has
more limited discovery than in court and is subject to limited review by courts. Arbitrators can award the same damages and relief
that a court can award.
For the purpose of this Arbitration Agreement, references to “We”, “Us” and “Our” include Asurion and Wal-Mart and their respective
parents, subsidiaries, affiliates, agents, employees, successors and assigns. This Contract evidences a transaction in interstate
commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. This
Arbitration Agreement shall survive the termination of this Contract.
This Arbitration Agreement is intended to be interpreted broadly, and it includes any dispute:
1. Arising out of or relating in any way to this Program or to the relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise;
2. That arose either before this Arbitration Agreement or Contract was entered into by You and Us or that arises after this Arbitration Agreement or Contract is terminated; and
3. That currently is the subject of a purported class action litigation in which You are not a member of a certified class. Notwithstanding the foregoing, this Arbitration Agreement does not preclude You from bringing an individual action in
small claims court or from informing any federal, state or local agencies or entities of Your dispute. Such agencies or entities may be able to seek relief on Your behalf.
If You or We intend to seek arbitration You and We must first send to the other a written Notice of Claim (“Notice”) by certified mail.
Your Notice to Us should be addressed to: Legal Department, P.O. Box 110656, Nashville, TN 37122-0656. The Notice must describe
the dispute and state the specific relief sought. If You and We do not resolve the dispute within 30 days of receipt of the Notice, You
or We may initiate an arbitration proceeding with the American Arbitration Association (“AAA”). You can obtain the forms necessary
to initiate an arbitration proceeding by visiting www.adr.org or by calling 1-800-778-7879. After We receive notice that You have
commenced arbitration, We will reimburse You for payment of any filing fee to the AAA. If You are unable to pay a required filing
fee, We will pay it if You send a written request by certified mail to: Legal Department, P.O. Box 110656, Nashville, TN 37122-0656.
The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (the “Arbitration Rules”) in effect at the time the arbitration is initiated and as modified
by this Arbitration Agreement. You can obtain a copy of the Arbitration Rules by visiting www.adr.org or by calling 1-800-778-7879.
The arbitrator appointed by the AAA to decide the dispute is bound by the terms of this Arbitration Agreement. All issues are for the
arbitrator to decide, including the scope of this Arbitration Agreement, with the exception that issues relating to the enforceability
of this Arbitration Agreement may be decided by a court. Unless You and We agree otherwise, any arbitration hearings will take
place in the county or parish of Your billing address. If Your dispute is for $10,000 or less, You may choose to conduct the arbitration
hearings either by submitting documents to the arbitrator or by appearing before the arbitrator in person or by telephone. If Your
dispute is for more than $10,000, the right to arbitration hearings will be determined by the Arbitration Rules. We will pay all filing,
administration and arbitrator fees for any arbitration initiated pursuant to this Arbitration Agreement, 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 payment of such fees shall be governed by the Arbitration Rules.
At the conclusion of the arbitration hearings, the arbitrator shall issue a written decision which includes an explanation of the facts
and law upon which the 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 Us or if We made no settlement offer and the arbitrator awards You any damages,
We will:
1. Pay You the amount of the damages award or $7,500, whichever is greater; and
2. Pay Your attorney, if any, twice the amount of the attorney’s fees and the actual amount of any expenses reasonably incurred when pursuing Your dispute in arbitration.
You and We agree not to disclose any settlement offers to the arbitrator until after the arbitrator has issued the written decision. The
arbitrator may resolve any disputes regarding attorney’s fees and expenses either during the arbitration hearings or, upon request,
within 14 days of the arbitrator’s written decision. 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. Although We may have the right under applicable law to recover attorney’s fees and expenses from You if We prevail in
the arbitration, We hereby waive the right to do so.
20
To the extent either declaratory or injunctive relief is sought in the arbitration, such relief can be awarded only to the extent
necessary to provide the relief warranted by a party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Unless You and We agree otherwise, the arbitrator may not consolidate the dispute of
another person with Your or Our dispute and may not preside over any form of a representative or class proceeding. If this specific
provision of this Arbitration Agreement is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null
and void.
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 Contract
and the Program immediately.
PROHIBITIONS ON TRANSFER AND ABUSE OF THE PROGRAM
The Program is for Your use only. It is not transferable by You to any other person, and may not be assigned by You. Wireless devices
owned or leased by anyone other than You may not be Covered Equipment. Any abuse of the Program by You, including but not
limited to seeking replacement of a wireless device not belonging to You, may result in termination of the Program upon notice.
INSURANCE
This Contract is not an insurance policy. Under this contract, Asurion Florida Warranty Services, Inc.’s obligations to purchaser in
Florida are insured under an insurance policy issued by Liberty Mutual Insurance Company, 175 Berkeley Street, Boston, MA 02116.
If You purchased this Contract from Asurion Florida Warranty Services, Inc. in Florida and We fail to act on Your claim within 60 days,
You may contact Liberty Mutual Insurance Company directly at 1-617-357-9500. Old Republic General Insurance Corporation, 445
South Moorland Road, Suite 300, Brookfield, WI 53005 insures the obligations of N.E.W. Administrative Services Company, Inc. to
purchasers in jurisdictions other than Florida. If You purchased this contract from N.E.W. Administrative Services Company, Inc. in
any jurisdictions other than Florida and We fail to act on Your claim within sixty (60) days, You may contact Old Republic General
Insurance Corporation directly at 1-262-797-3400.
Terms and conditions vary for Wal-Mart customers purchasing in some jurisdictions as set forth in this Contract. The Program may
not be available in all states.
STATE SPECIFIC PROVISIONS:
In Arizona: Neither We, Our assignees, nor Our subcontractors will cancel or void coverage under this Contract before the expiration
of the agreed Contract term due to Our failure to provide correct information or Our failure to perform the services provided in a
timely, competent, and workmanlike manner.
In California: Contact Us at 1-866-653-4202 with, questions, concerns, or complaints about the Program. The requirements of
the Arbitration Agreement provision in this Contract do not prohibit a California resident from following the process to resolve
complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about
this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs,
3485 Orange Grove Avenue, North Highlands, California 95660, or You may visit their website at www.bear.ca.gov.
In Connecticut: The term of this Contract will be automatically extended for the period during which the Covered Equipment
is in the custody of a service center for repair. The Force Majuere provision of this Contract is deleted in its entirety. The Definition
section is amended to add the following definition: “Acts of God” are destructive events or accidents caused by forces of nature,
which cannot be prevented, such as storms, tornados, earthquakes, flood, hurricanes, tidal waves, among others. Contact Us at
1-866-653-4202 with, questions, concerns, or complaints about the Program. In the event You do not receive satisfaction under this
Contract, complaints or questions about the Program may be directed to the State of Connecticut Insurance Department, P.O. Box
816, Hartford, Connecticut 06142-0816, Attention: Consumer Affairs.
In Georgia: This is not a contract of insurance. We may not cancel before the expiration of the monthly Contract term, unless You
fail to pay any amount due or You engage in fraud or material misrepresentation in obtaining this Contract. Cancellation will comply
with section 33-24-44 of the Code of Georgia. The Arbitration Agreement provision of this Contract is amended to provide that
the Arbitrator’s decision and award shall be non-binding on You and on Us. No suit shall be commenced in a federal, state, or local
court until such time as both You and We first address Our disagreement in an arbitration proceeding pursuant to the Arbitration
Agreement provision in this Contract.
In Maine: The What is not Covered provision is amended to add the following: Pre-existing Operational Failures of the Covered
Equipment occurring before the time it was established as the Covered Equipment.
21
In Nevada: If this Contract has been in force for a period of seventy (70) days, We may not cancel before the expiration of the
monthly Contract term, unless:
1. You fail to pay any amount due;
2. You are convicted of a crime which results in an increase in the service required under the Contract;
3. You engage in fraud or material misrepresentation in obtaining this Contract;
4. You commit any act, omission, or violation of any terms of this Contract after the Effective Date of this Contract which substantially and materially increases the service required under this Contract; or
5. Any material change in the nature or extent of the required service or repair occurs after the Effective Date of this Contract and causes the required service or repair to be substantially and materially increased beyond that contemplated at the
time You purchased this Contract. Your right to void this Contract during the first 30 days following receipt is not
transferable and applies only to the original Contract purchaser. If We cancel this Contract under the Prohibitions on
Transfer and Abuse of the Program provision We will provide You with a minimum of 15 days advance notice of cancellation. The What is not Covered provision is amended to add the following: Pre-existing Operational Failures of the
Covered Equipment occurring before the time it was established as the Covered Equipment. The To Obtain Service provision
is amended as follows: If Your claim is approved by phone, and We decide to replace Your Covered Equipment, We will
provide the Replacement Equipment by mail within ten (10) business days, or We may require You to pick up the
Replacement Equipment at a retail location in Your area. If Your claim is approved by phone, and We decide to repair Your Covered Equipment, We will arrange to repair Your Covered Equipment at one of Our designated repair locations.
In New Hampshire: Contact Us at 1-866-653-4202 with, questions, concerns, or complaints about the Program. In the event
You do not receive satisfaction under this Contract, You may contact the State of New Hampshire Insurance Department,
21 South Fruit Street, Suite 14, Concord, New Hampshire 03301, telephone number: 1-603-271-2261.
In New Mexico: If this Contract has been in force for a period of seventy (70) days, We may not cancel before the expiration of
the monthly Contract term, unless:
1. You fail to pay any amount due;
2. You are convicted of a crime which results in an increase in the service required under the Contract;
3. You engage in fraud or material misrepresentation in obtaining this Contract;
4. You commit any act, omission, or violation of any terms of this Contract after the Effective Date of this Contract which substantially and materially increases the service required under this Contract; or
5. Any material change in the nature or extent of the required service or repair occurs after the Effective Date of this Contract and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time You purchased this Contract.
In Texas: Contact Us at 1-866-653-4202 with, questions, concerns, or complaints about the Program. If You purchased this
Contract in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service contract
provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The
Insurance provision of this Contract is amended to add the following: If We fail to provide You a refund owed within 45 days,
You may contact Old Republic General Insurance Corporation directly at 1-262-797-3400.
In Washington: If We fail to act on Your claim, You may contact Old Republic General Insurance Company directly
at 1-262-797-3400. You are not required to wait 60 days before filing a claim directly with Old Republic General
Insurance Company.
In Wisconsin: This Contract is subject to limited regulation by the Office of the Commissioner of Insurance of the
State of Wisconsin. We will provide at least 60 days written notice to You if We change the monthly charge for the Program,
the administration of the Program, or these terms and conditions. We will not deny Your claim solely because You did not
obtain pre-authorization if We are not prejudiced by Your failure to notify Us. If this Contract is cancelled prior to its expiration,
no deductions for claims fulfilled will be made to Your refund. Notwithstanding the Arbitration Agreement provision of this
contract, You may, at Your option, still take Your claim to small claims court instead of requesting an arbitration. In order to
obtain repair or replacement coverage specified in the What is Covered provision, You must call 1-866-856-3892 within one
(1) year of the date Your Covered Equipment first fails to operate.
In Wyoming: If We change the Terms and Conditions of the Program, We will provide at least thirty (30) days written notice
to You, at the last address listed in Our records, prior to the date the change takes effect. The written notice will include
an endorsement to this Contract or a complete amended Contract, which should be kept in Your records. If We cancel this
Contract, We will mail You, at Your last address listed in Our records, written notice at least ten (10) days prior to the Effective
Date of cancellation. Such notice shall include the Effective Date of cancellation and the reason for cancellation. Prior notice is
not required if the reason for cancellation is nonpayment of the Program fee, a material misrepresentation by You to Asurion or
Wal-Mart or a substantial breach of duties by You relating to the service or its use. The Arbitration Agreement provision in this
Contract is replaced with the following: All disagreements and disputes between You and Asurion or Wal-Mart, of every kind, if
not resolved by negotiations, shall be resolved by individual arbitration pursuant to the Wyoming Uniform Arbitration Act.
In North Carolina: You understand that the purchase of this Contract is not required to purchase or to obtain financing for
the Covered Equipment. We may non-renew, but may not cancel this Contract prior to the expiration of the monthly term
except for non-payment by You or for violation of any of the terms and conditions of this Contract.
In Oklahoma: Coverage provided under this Contract is not guaranteed by the Oklahoma Insurance Guaranty Association.
The Oklahoma service warranty statutes do not apply to the commercial use references in this Contract. The Cancellation
provision of this Contract is deleted and replaced by the following: You may cancel this Contract within 20 days from Your
receipt of this Contract, by returning it to Us or providing written notice to Us at 648 Grassmere Park Drive, Suite 300, Nashville,
TN 37211. You will then receive a refund or credit on Your Bill for the Full Contract price paid. You may also cancel this Contract
at any other time by surrendering it or providing written notice to Us at the address listed in this Contract. This Contract may be
canceled by You or by Us for any reason, at any time. If You or We cancel this Contract, You shall receive a refund of 100% of the
pro-rata unearned premium, if any. If You fail to make any monthly payment for this Contract or any charge provided for
in this Contract, coverage will cease on the date the payment was due. Any termination, cancellation, suspension,
interruption, or discontinuation of any Wal-Mart feature (including MOBILE CARE PLUS INSURANCE) that You purchase in
combination with the Program, for any reason constitutes cancellation of the Program by You, subject to the terms and
conditions of this Contract.
In Oregon: The Arbitration Agreement provision of this Contract is deleted in its entirety.
In South Carolina: Contact Us at 1-866-653-4202 with, questions, concerns, or complaints about the Program. In the
event You do not receive satisfaction under this Contract, complaints or questions about the Program may be directed to
the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number
1-800-768-3467.
22
23
Ensure you are protected.
Enroll today.
BEST VALUE
Insurance + Warranty
Loss
Theft
Damage
Malfunction
Insurance
4
4
4
4
Warranty
4
4
4
4
Save money should the unexpected happen.
• Avoid potentially high out-of-pocket costs if you
experience a covered incident
• Coverage starting as low as 14 cents per day
Live better with full coverage and
convenient replacement.
• Coverage against loss, theft, damage plus in-and-out
of warranty malfunction
• Next-day delivery of replacement*
• Claims can be filed 24/7, online or by phone
* Next day or Saturday delivery is not available in all areas. Delivery is not available on Sunday.
Powered by
The insurance program of Mobile Care Plus is underwritten by Old Republic Insurance Company. N.E.W. Administrative Services Company, Inc. is the obligor
of the warranty program of Mobile Care Plus (Except in FL, where Asurion Florida Warranty Services, LLC is the obligor of the warranty program).
ASCORP-138_3/12