Warranty Information

This is a legal agreement. By purchasing this contract, you understand that it is such an agreement and acknowledge that you have had the opportunity to read the terms and conditions set forth herein. These Terms and Conditions together with your receipt constitute the entire agreement. 1. Definitions: Throughout this Contract, the words, “We”, “Us”, and “Our” refer to the (“Obligor”). (“LMP”) refers to LMP Warranty Services, Inc. (“Dealer”) is the entity from which you purchased this Contract. “ You” and “Your” refer to the Contract Holder or the person to whom it was properly transferred. “Product” refers to the consumer item that is covered by this Contract.

2. Term: The term of this Contract begins at the end of the manufacturer’s warranty.

3. Coverage: This Contract covers the repair or replacement of the covered Product to normal operating condition after it has failed due to defects in materials and workmanship depending on the Contract coverage you have selected. This Contract covers qualifying products sold in the U.S.A. only. a. Replacement Plans: If You have purchased a Product Replacement Plan, Your Product will be repaired. Only if your product is not repairable due to. Call 1-888-879-8768. You will be required to ship Your Product, at Your expense, to a designated location for inspection. If Your Product qualifies for replacement, You will receive one of the following: A new or remanufactured product of like kind, quality and functionality; a gift certificate equal to the original purchase price of the product excluding shipping, handling and taxes. Once the replacement process has been completed, this Contract is considered fulfilled. If Your Product is found to be non-defective, it will be returned to You.

a. If You purchased a Phone which includes a 1 Year Replacement after Mfg. Warranty Ends, please note the following: i. Labor coverage begins on Day 1 after the first Year of purchase; ii. Parts coverage begins on Day 1 after the first Year of purchase; iii. THESE SERVICES ARE NOT AVAILABLE TO CONTRACT HOLDERS LOCATED IN CALIFORNIA OR NEW YORK.

b. Power Surge Protection: This Contract does not provides power surge protection.

c. No Lemon Guarantee: Following the expiration of the manufacturer’s warranty term and after three service repairs have been completed, for the same problem, on an individual Product, and that Product requires a fourth repair, as determined by Us, We reserve the right to replace the Product with a product of, like kind and quality, not to exceed the original retail purchase price excluding taxes. Once the Product is replaced, this Contract is considered fulfilled. The original Product may be requested to be returned to Us. Preventative maintenance checks, cleanings, product diagnosis, customer education, accessory repairs or replacements are not considered repairs for the purposes of the No Lemon Clause.

d. International Service: If Your Product requires service and is located outside of the U.S.A. or Canada, please call 01-703-842-7599 or send an e-mail to info@lostmyphone.com. If the Product is still covered by the manufacturer’s warranty and has been sold with a repair plan, You will need to contact the manufacturer for service locations worldwide. If the Product is out of the manufacturer’s warranty period, We will ask You to locate service in Your area, to get an estimate for the repair, to get an authorization from Us for the repair, to remit payment to the service center and to send Us the invoice. We will reimburse You for the authorized amount of the claim by issuing a check in U.S. dollars which will be mailed to an address in the USA or within the U.S. postal system. If your product was sold with a replacement plan, contact us by phone or e-mail and we will issue a check to you in U.S. dollars for the original purchase price of the product, excluding taxes, shipping and handling, which will be mailed to an address in the USA or within the U.S. postal system.

4. Registration: It is not necessary to register your Product in order to validate this Contract.

5. Contract Limits of Liability: The total payment (s) for all claims under this Contract shall not exceed the original purchase price of the covered Product(s), excluding taxes. If We determine that the covered Product(s) is not repairable, We may replace the covered Product with a product of like kind and quality, not to exceed the original purchase price of the covered Product. If the covered Product is replaced after the expiration of the manufacturer’s warranty, this Contract is considered fulfilled.

6. Contract Holder’s Responsibilities: You must follow the instructions for use in the owner’s manual of Your Product. You must have Your Product maintained in accordance with the manufacturer’s recommendations, as outlined in the owner’s manual. Failure to follow the manufacturer’s maintenance and service recommendations may result in the denial of coverage under this Contract. This Contract does not cover the cost of data recovery or other consequential or incidental damages.

7. Purchaser Records: You may be asked to provide proof of purchase as a condition for receiving service under this Contract. YOUR ORIGINAL PURCHASE RECEIPT SHOULD BE KEPT WITH THIS CONTRACT IN A SAFE PLACE.

8. If Your Covered Product(s) Needs Service: For service on your Product during the manufacturer’s warranty period, please contact the manufacturer at the number or website listed in your owner’s manual. After the manufacturer’s warranty expires, You may begin the claims process by calling 1-888-969-2260. Repair service will be available during regular business hours, Monday through Friday, and will be provided by an authorized service provider. After We authorize Your claim, You may arrange for service and we will cover the reasonable parts or labor costs that We authorize. AT OUR OPTION, REPLACEMENT PARTS WILL BE NEW, REMANUFACTURED, OR NON-ORIGINAL MANUFACTURER’S PARTS THAT PERFORM TO THE FACTORY SPECIFICATIONS OF THE ORIGINAL PRODUCT. If We determine that Your covered Product cannot be repaired, We will replace it with a new or remanufactured product of like kind, quality and functionality. Technological advances may result in a replacement product with a lower selling price than the original product. Once the covered Product is replaced, this Contract is considered fulfilled. Products covered by a replacement plan may be required to be shipped to an inspection location at Your expense. After the inspection, if the covered Product is found to not qualify for replacement, it will be returned to You.

9. Availability of Services: While We try to complete service as quickly as possible, We are not responsible for delays caused by factors beyond our control, including but not limited to manufacturer’s delays, shipment to a service facility or acts of God.

10. Exclusions – What Is Not Covered: a. Normal maintenance, cleaning, or tune-ups;

b. Consumable items such as, but not limited to, batteries, filters, gaskets, fluids, external hoses, accessories, attachments or any other parts or materials which are designed to be consumed during the life of the product;

c. Repair or replacement covered by any other warranty, service agreement, or insurance policy in effect at the time of the failure;

d. Costs related to any service request which results in customer education or no problem found;

e. Failure, inoperability, or disruption of any product or product functions due to any manufacturer defect;

f. Components and products used for commercial purposes;

g. Conditions which existed prior to Your purchase and delivery of the Product or the Contract;

h. Special, indirect, or consequential damages; loss of use;

i. Personal items left in the product to be repaired;

j. Products that are not listed in the Contract;

k. Theft and loss;

l. Loss or damage to the covered product while in the course of transit, delivery, or redelivery;

m. Damage or costs resulting from unauthorized repairs or repair personnel;

n. Negligence, misuse or abuse;

o. Failures due to general environmental conditions, including but not limited to rust, corrosion, mold or dust; animal or insect damage; acts of God such as fire, water, windstorm, sand, dirt, hail or earthquake; civil disorders; riot; nuclear accident; malicious mischief; vandalism;

p. Manufacturer’s recalls;

q. Lcd or cell phone monitor screen imperfections, including burn-in or burned CRT phosphor, prolonged display of one or more signal(s);

r. Loss or damage to stored data; repairs related to software, viruses, display markings caused by video games or cell phone programs, or cell phone hardware that is added after the original purchase;

s. Any aftermarket parts added to the phone, including antenna, housings, face plates, batteries.

u. Failures of the non-operational components;

v. Alteration or removal of the serial number;

w. Improper electrical wiring and connections; improper installation, or setup; user facilitated minor adjustments and settings outlined in the product’s owners manual; external antenna or local reception problems; inaccessible products or parts;

x. Cosmetic defects or damage (such as cracked cases and broken hinges) or defects that do not inhibit the proper operation and performance of the covered items;

y. Repair or replacement due to failure to properly install, operate, maintain, or clean the covered Product in accordance with the local codes and the manufacturer’s printed instructions, or from use in any combinations not approved in the manufacturer’s specifications, or from any authorized modifications or alterations;

z. Loss or damage caused by accidental or intentional physical damage, spilled liquids.

11. Renewal: This Contract may not be renewable. The renewal price will reflect the age, condition of the Product, and current service costs at the time of the renewal. Call 1-888-969-2260 for more information. 13. Transfer: This Contract may not be transferred to an eligible party to whom You sell or give the covered Product while this Contract is in force. 14. Cancellation: You may cancel this Contract for any reason at any time. To cancel it, submit Your request in writing to the Administrator at the address cited below. If You cancel within thirty (30) days of receipt of this Contract, and We have not paid a claim, You will receive a full refund. If You cancel after thirty (30) days or at anytime after We pay a claim, you will receive a pro rata refund of the Contract price based on the days remaining, less any claims that have been paid, less a cancellation fee of $25.00 or 10% of the Contract price, whichever is less. Neither the Dealer nor We can cancel this Contract except in the event of Your fraud, material misrepresentation or failure to pay the Contract price. 15. Contract Provider (Obligor) & State Variations: LMP is the Obligor under this Contract, LMP can be contacted at P.O BOX 40601, Arlington, VA 22204 and telephone number (888) 879-8768.