Congratulations on your new purchase! This is your service agreement. Please read it carefully. If the need for service occurs, please call us for service instructions at 1-800-671-9554.

This is a legal contract referred to hereinafter as the Service Contract and indicates the terms and conditions, limitations, exceptions and exclusions included herein and Your purchase receipt and constitute the entire agreement. By purchasing it, You understand that it is such a contract and acknowledge that You have had the opportunity to read the terms and conditions set forth herein. This is not a contract of insurance. Please read these terms and conditions carefully so that You fully understand Your coverage under this Service Contract.

This Service Contract does not replace Your maintenance plan, insurance policy, warranty, or benefits provided in a lease-to-own arrangement (LTO) You may have for Your covered product. The benefits available to You under this Service Contract are not available to the Lessor under a LTO.

DEFINITIONS:

Accidental Damage from Handling (ADH) indicates failure due to unintentional and accidental damage from handling, such as drops, bumps, liquid spills or cracks that arise from Your normal use and operation of the product according to the manufacturers written specifications.

Cash Settlement: A Cash Settlement can provide You a settlement amount up to the original Purchase price of the covered product where permitted by applicable law. We are not obligated to offer this option, and You are not obligated to accept it.

Coverage Amount: is defined as the total amount We will pay for all repairs and/or replacements, in aggregate, and will not exceed the cost of a replacement product.

Lessee: The person signing and original Lessee under a LTO with Purchase rights.

Lessor: The company leasing the product to the Lessee under a LTO arrangement.

LTO: Acquiring Your product through a lease-to own arrangement.

Purchase: Acquire and take ownership of the product covered by this Service Contract through a LTO arrangement.

Service Contract: indicates the terms and conditions, limitations, exceptions and exclusions included herein and Your purchase receipt and constitute the entire agreement.

You and Your: indicates the purchaser of this Service Contract, including the Lessee, if the product was acquired under a LTO, or the person to whom it was properly transferred.

We, Us, and Our: The Obligor/Provider/Administrator of this Service Contract. Unless indicated below or specified in the individual state disclosure, Bankers Warranty Group, Inc., 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716 is the Obligor/Provider/Administrator of this service contract. If You live in UT, Bankers Warranty Group, Inc. d/b/a BWG Protection Plans, Inc., 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716 is the Obligor/Provider/Administrator of this service contract. If You live in HI or NY, Bankers Warranty Group, Inc. d/b/a BWG Protection Plans, 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716 is the Obligor/Provider/Administrator of this service contract. If You live in FL, Bankers Warranty Group of Florida, Inc., 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716, is the Obligor/Provider/Administrator of this Service Contract.

PURCHASER RECORDS: Your sales receipt and these terms and conditions including the provisions, limitations, definitions, and exclusions constitute the entire Service Contract. Please keep this Service Contract and applicable sales receipts as you may be required to produce them at any time during the term to obtain service or replacement.

If You Need Service: Call the toll free number listed on Your Service Contract and have Your Service Contract number and valid product serial number available. Service will be available 24 hours a day, 7 days a week. Failure to provide a valid product serial number may result in denial of service. You must have the following information available: Your original purchase receipt for the covered product and Service Contract and the original Service Contract for the covered product. You must call prior to receiving service; all repairs must be authorized in advance. Unauthorized repairs may not be covered. Coverage is provided for the product indicated on this Service Contract, for mechanical and electrical failures that occur during normal use and operation in accordance with the manufacturers specifications. The Administrator may perform a telephone diagnosis of the product failure. If Your covered product is deemed defective, at the Administrators sole determination, You will be instructed as to the procedures for obtaining service applicable to Your covered product. We will provide You with a prepaid mailing label to ship Your product to the authorized service center. Upon receipt of the defective product by the authorized service center, Your product will be repaired or replaced, at Our sole determination, and shipped back to You at no additional cost. This Service Contract does not have a deductible.

ALL CLAIMS MUST BE REPORTED PRIOR TO THE EXPIRATION DATE OF THE SERVICE CONTRACT.

LTO ARRANGMENTS: Where the product was initially acquired under a LTO, any Cash Settlement or refund of the Service Contract purchase price, will be paid to the owner of the product at the time the settlement is made. This will be the Lessor if You have not yet acquired ownership of the property. In all other respects, the Lessee will retain a beneficial interest in this Plan and all non-cash benefits described herein shall be rendered to the Lessee. Any owner obligations related to maintenance of the product shall be the responsibility of the Lessee during the term of any LTO except as provided by law. Any reference to purchased, sold, or similar terms shall include leased and its derivatives. Any reference to purchaser shall mean the Lessee under the LTO and not the Lessor. The Lessor is responsible for applying any refund or Cash Settlement toward Your remaining LTO balance.

Term of COVERAGE: The term of this Service Contract commences on the date indicated on the face of this Service Contract and/or Your purchase receipt. For Service Contracts that commence on the date of purchase of the eligible product, the term and coverage is inclusive of the manufacturers warranty; it does not replace the manufacturers warranty, but provides certain additional benefits during the term of the manufacturers warranty. After the manufacturers warranty expires, the Service Contract continues to provide some of the manufacturers benefits as well as certain additional benefits listed within the Service Contracts terms and conditions. For Service Contracts that commence upon expiration of the manufacturers original warranty, such as Car Speakers, the term and coverage commence upon expiration of the shortest portion of the manufacturers original warranty. If You purchased a Service Contract that includes Accidental Damage Benefit, the term of the Service Contract commences on the date of purchase of the eligible product, the term and coverage are inclusive of the manufacturers warranty.

HOW WE WILL PROVIDE SERVICE FOR YOUR PRODUCT:

Depending on the product, type of Service Contract purchased and failure circumstances, We will either:

1) Repair Your product; or

2) Provide a new or refurbished product of equal features and functionality; or

3) Provide a cash settlement reflecting the replacement cost of a new or refurbished product of equal features and functionality up to the applicable Limit of Liability.

This Service Contract provides for removal and reinstallation of the covered product from the original date of purchase for eligible products that were installed by the retailer from whom You purchased the product. If You purchased Your product and/or Service Contract through the retailers website, the Removal and Reinstallation Benefit may not be available. In order to be eligible for the Removal and Reinstallation Benefit, Your product must have been installed by the retailer and in order to receive R & R service, You must be able to transport Your product to the retailer. Replacement parts will be, at Our discretion, new, rebuilt or non-original manufacturers parts that perform to the factory specifications of the product. We are not responsible for providing service for failures that occur during the manufacturers warranty period and that are covered under the manufacturers warranty, unless specifically stated otherwise, regardless of when such failures are reported to Us, the manufacturer, or any other entity.

Technological advances may result in a replacement product with a lower retail price than the original product purchase price; you are not entitled to a refund in the difference in price in such a case. The Administrator will not be responsible for product upgrades, matching brand or color or for any modifications or construction that may be necessary as a condition of service.

SPECIFIC SERVICE CONTRACT BENEFITS:

Replacement Plan Benefits: Provides a one (1) time replacement of Your eligible product if required due to mechanical and/or electrical failures that occur during normal use and operation in accordance with the manufacturers specifications. Replacement Plans not available on refurbished products.

Repair Plan Benefits: Provides coverage for parts and labor costs resulting from mechanical or electrical failures of the product caused by defects in workmanship and materials.

OPTIONS:

This Service Contract provides coverage for products utilized exclusively in private, single-family residential property for the personal use of the resident(s) and not for products that may be used for commercial, industrial, governmental, or organizational purposes, except as described under the NETBOOK AND/OR TABLET ONLY Section.

REMOVAL AND REINSTALLATION OF CAR AUDIO EQUIPMENT ONLY: (R & R) (Repair Plans Only). If You purchased Your product and/or Service Contract through the retailers website, the Removal and Reinstallation Benefit may not be available. In order to be eligible for the Removal and Reinstallation Benefit, Your product must have been installed by the retailer and in order to receive R & R service, You must be able to transport Your product to the retailer. For covered products that are within the manufacturers warranty period, We will be responsible for the removal and reinstallation fee up to sixteen dollars ($16.00) and You will be responsible for payment of any amount over the sixteen dollars ($16.00), if any. For covered products that are outside of the manufacturers warranty period, We will be responsible for the removal and reinstallation fee up to forty two dollars and fifty cents ($42.50) and You will be responsible for payment of any amount over the forty two dollars and fifty cents ($42.50), if any.

NETBOOK AND/OR TABLET COVERAGE ONLY: (Repair Plans Only) If You purchased a repair contract on Your Netbook/Tablet, the Administrator will provide the initial troubleshooting and technical support for Your Netbook/Tablet. Hardware technical support will be limited to the proper configuration, and proper operation of the hardware components. Technical support for software will be limited to the proper operation of the manufacturer approved and pre-installed operating system and application software. Software support shall not constitute tutorial assistance or instruction. The Service Contract does not cover customer installed software, customized software applications and hardware components installed after the original purchase date. This Service Contract includes 3-Way shipping and providing a shipping container22 to and from an authorized depot service center. All shipping costs are covered under this Service Contract. This Service Contract provides coverage for Netbooks/Tablets that are deemed to be, in Our sole discretion, of a type or quality commonly used for commercial, industrial, governmental, or organizational purposes and that are used and under the primary control of You and Your agents incidentally in a commercial setting and that are not used or controlled by third parties or by the general public.

Accidental Damage from Handling BENEFIT: (Repair Plans Only) Coverage for ADH begins on day one (1). If You purchased the Accidental Damage Benefit, ADH only covers operational or mechanical failure resulting from an unexpected, accidental and/or unintentional external event (drops, bumps, cracks or liquid spills) that occur during normal handling and does not include protection against theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the General Exclusions Section. Any resultant damage from this type of treatment is NOT covered by this ADH program. The use of this coverage requires an explanation of where and when the accident occurred as well as a detailed description of the actual event. Failure to provide this information will result in claim denial. This Benefit provides for a (1) one time covered claim during the term of this Service Contract under the Accidental Damage Benefit. You will be required to ship the product, at Your expense, to a designated location for inspection. If Your product is defective as determined by the Administrator, and it is repaired under the Accidental Damage Benefit, the other coverages will remain in effect. If the product cannot be repaired, it may be replaced with a new or remanufactured product of like kind and similar features, capacity and/or efficiency or the Administrator may elect to pay you a cash settlement in accordance with the Service Contract Limit of Liability; Aggregate Limit Section below. Replacement of a covered product or payment of a cash settlement will fulfill this Service Contract in its entirety and will cancel and discharge further obligations under the Service Contract. If Your product is found to not be defective, it will be returned to You.

YOU WILL BE RESPONSIBLE FOR BACKING UP ALL DATA AND SOFTWARE PRIOR TO SHIPMENT OF YOUR PRODUCT TO THE SERVICE CENTER.

NO LEMON POLICY: If the same part fails three (3) times in Your covered product and that product requires a fourth repair on the same part, as determined by the Administrator, the Administrator may replace the failed product with a new or refurbished same brand product or the Administrator may elect to pay You a cash settlement. The cash settlement amount shall not exceed the current retail cost of a replacement product; and, such current retail cost shall not exceed the original retail purchase price You paid for the covered product and excluding taxes, shipping and installation. Technological advances may result in a replacement product with a lower retail price than the original product; you are not entitled to a refund in the difference in price in such a case. You may be required to return the original defective product to Us at Your expense in order to obtain the settlement amount; failure to do so may result in the forfeiture of the settlement offer or previous cash payment. Replacement of a covered product or payment of a cash settlement under this benefit will fulfill this contract in its entirety and will cancel and discharge further obligations under the Service Contract, where allowed by law. Preventative maintenance checks, cleanings, product diagnosis, customer education, accessory repairs or replacements are not considered repairs for the purposes of this benefit. The No Lemon Benefit does not include repairs performed by the manufacturer under its limited warranty.

SERVICE CONTRACT LIMIT OF LIABILITY; AGGREGATE LIMIT: The total amount that We will pay for repairs, cash settlements and/or replacement made in connection with all claims that You make pursuant to this Service Contract shall not exceed the Coverage Amount of the product. In the event that We make payments for repairs, cash settlements and/or replacements, which in the aggregate, are equal to the Coverage Amount, We will have no further obligations under this Service Contract. Replacement of a covered product or payment of a cash settlement will fulfill this Service Contract in its entirety and will cancel and discharge further obligations under the Service Contract. Technological advances may result in a replacement product with a lower retail price than the original purchase price of the product.

Availability of Service and Delays: The Administrator will make a reasonable effort to provide timely service or replacement of Your product, however We cannot be held liable for delays beyond the Administrators control or any damages that may arise out of delays including but not limited to incidental or consequential damages. We are not responsible for delays caused by factors beyond Our control, including but not limited to manufacturers delays, shipping to a regional service facility, or Acts of Nature.

YOUR RESPONSIBILITIES UNDER THIS SERVICE CONTRACT: For the Service Contract to remain valid and active, You must maintain, store and use Your covered product in accordance with the requirements set forth by the manufacturer's specifications, including maintenance and cleaning. You must provide proper electrical requirements as specified by the manufacturer.

general exclusions:

A. Any products with less than an original ninety (90) day manufacturers parts and labor limited warranty, and/or refurbished products with less than a thirty (30) day dealers parts and labor limited warranty.

B. Consumer replaceable items including but not limited to; SIM Cards, memory cards, fuses, batteries, removable face plates, adaptors, styluses, accessories and supplies, and attachments or any other parts or materials which are designed to be consumed during the life of the product.

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C. Any add-on accessories and/or peripherals that were purchased in addition to and/or separate from the covered product. Any batteries such as but not limited to: internal batteries, external batteries, GPS batteries and rechargeable batteries whether consumer replaceable or not.

D. Failures of the following non-operational components, such as but not limited to: cases, housings and frames; damages including but not limited to scratches and cracks that do not interfere with the proper operation of the covered product.

E. Damage resulting from unauthorized repair or product modifications or alterations; damage caused during delivery, or setup; user facilitated minor adjustments and settings outlined in the products owners manual; failures resulting from local reception problems; introduction of foreign objects into the product, inaccessible products or parts; negligence, misuse, abuse or intentional physical damage.

F. Failures due to damage caused by an animal; Acts of Nature such as fire, flood, windstorm, sand, dirt, hail or earthquake; civil disorders; riot; nuclear accident; exposure to weather, moisture, and other environmental conditions; malicious mischief; theft, loss or vandalism.

G. Your failure to follow the instructions described in the products owners manual, manufacturers recommended maintenance procedures and requirements; and misuse or abuse of the product.

H. Loss of the product while in the course of transit.

I. Loss of use, loss of business, loss of profits, loss of data, down-time and charges for time and effort.

J. Products that have altered, missing, invalid or removed serial numbers.

K. Failure, inoperability, or disruption of any product or product functions due to any manufacturer recall.

L. Obsolescence of the covered product including technological obsolescence.

M. Products and/or components used for commercial purposes or in commercial settings, (except as described under the Netbook and/or Tablet Section); all rental (other than a LTO arrangement) products or self-servicing applications (Laundromats, copy centers, gyms, etc.) .

N. Conditions, which existed prior to Your purchase and delivery of the product or the Service Contract. Special, indirect, incidental, incremental, or consequential damages; loss of use.

O. Any service request or situation that may pose a health risk to Our technicians or service providers, including but not limited to animal/insect infestation, mold, or fungus; whether or not such circumstances were a result of a covered failure.

P. Any software or virus issues; loss or damage to stored data, damage to recording media including any software programs, data, or configuration/setup information; loss or corruption of data and/or the restoration of software and operating systems; items left in/on Your product, such as but not limited to, cases, plug in accessories and batteries; software apps that are added after the original purchase date including but not limited to, jailbreaking.

Q. Unless the Accidental Damage Benefit has been purchased as part of Your Service Contract, We will not cover product failures due to an unexpected, accidental and/or unintentional external events (drops, bumps, cracks, or liquid spills).

IN NO EVENT SHALL THE ADMINISTRATOR, OR OBLIGOR OF THIS SERVICE CONTRACT OR THE RETAILER FROM WHOM YOU PURCHASED THE SERVICE CONTRACT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED TO, ANY DELAY IN RENDERING SERVICE, LOSS OF DATA, USE, PROFITS, OR BUSINESS DURING THE REPAIR PERIOD OF THE PRODUCT (S) OR WHILE OTHERWISE AWAITING PARTS.

TRANSFER: This Service Contract may be transferred to an eligible party to whom You sell or give the equipment while this Service Contract is in force. This may be accomplished only if You notify the Administrator by mail with the name and address of the new owner within fifteen (15) days of the change of ownership.

RENEWAL: This Service Contract is not renewable.

Cancellation: You may cancel this Service Contract for any reason at any time. To cancel it, contact the Dealer where you purchased the product. If You cancel this Service Contract within the first thirty (30) days after receipt of this Service Contract You will receive a full refund, less any claims paid, where allowed by law. If You cancel after the first thirty (30) days from receipt of this Service Contract, You will receive a pro rata refund based on the time remaining on Your Service Contract, less an administrative fee, not to exceed ten percent (10%) of the price of the Service Contract or twenty-five dollars ($25.00), whichever is less, and less any claims paid, where allowed by law. If the Administrator cancels the Service Contract, You will be refunded the unearned pro rata purchase price of the Service Contract, less any claims paid, where allowed by law. If this Service Contract was inadvertently sold to You on a product which was not intended to be covered by this Service Contract, Your Service Contract will be cancelled and You will receive the full purchase price of the Service Contract. We may cancel this Service Contract at our option on the basis of non-payment by You, fraud or misrepresentation. If We cancel this Agreement for non-payment then We will provide notice at time of cancellation.