Terms And Conditions
 
TERMS & CONDITIONS Please Select The Terms & Conditions You Want To View
  • 456 Guaranty MASTER MEMBERSHIP PLAN

  • 456 Guaranty DEVICE MEMBERSHIP PLAN

  • 456 Guaranty DEVICE BUYBACK PLAN

  • 456 Guaranty DATA BACKUP PLAN

Your use of 456 Guaranty products is based on the software license, if any, and other terms and conditions in effect for the product at the time of purchase. Your agreement to these terms is required to install or use the product. Please be aware that the terms and conditions that accompany the product at the time of purchase may differ from the version of the terms and conditions you can review here. Be certain to read the applicable terms carefully before you install the software or use the product.


456 Guaranty MASTER MEMBERSHIP PLAN Terms & Conditions Washington residents: Click here for 456 Guaranty MASTER MEMBERSHIP PLAN terms and conditions. Texas residents Click here for 456 Guaranty MASTER MEMBERSHIP PLAN terms and conditions. California residents: Click here for 456 Guaranty MASTER MEMBERSHIP PLAN terms and conditions. 1. 456 Guaranty MASTER MEMBERSHIP PLAN – PLAN OVERVIEW
  • 1.1.

    456 Guaranty Master Membership (“Plan”) provides its members with certain benefits and privileges. With the purchase of a membership Plan (“Membership”), members are entitled to purchase discounts for certain wireless or technology related products and services and other benefits described below, subject to the conditions and limitations of these Terms and Conditions (“Terms”).

  • 1.2.

    Please read the Terms carefully. The Terms are between 456 Guaranty Inc. a/k/a 456 Guaranty and any purchaser of the Membership (“Member”), and establish and govern the respective rights and obligations of 456 Guaranty and Member under the Membership Plan. Upon the Member’s purchase of the Membership Plan, the Member accepts and agrees to the Terms and shall be bound by all the Terms. No employee, agent or representative of 456 Guaranty or any Authorized Dealer (as defined below) is authorized by 456 Guaranty to make any statement, representation or warranty on behalf of 456 Guaranty, the Membership Plan or provide any other information to Member’s regarding 456 Guaranty, the Membership or Membership Plan not expressly contained in the Terms or waive any provision of the Terms. In the event of any conflict between the Terms and any other statement, information or representation made by 456 Guaranty, any Authorized Dealer (as defined below) or any of their respective employees, agents or representatives, the Terms shall prevail.

2. MEMBERSHIP REQUIREMENTS
  • 2.1.

    Membership is available for purchase by all individuals eighteen (18) years of age or older, subject to the Terms.

  • 2.2.

    Member must have purchased an eligible wireless device, along with service (the “Member Device”) from an authorized dealer (“Authorized Dealer”).

  • 2.3.

    Membership Plans purchased after the date of purchase of the Member Device are subject to a 30-day waiting period for requests under Section 3.2.2.

  • 2.4.

    Member must not be in breach of any material term of, or have engaged in fraud with respect to, the Terms or 456 Guaranty.

  • 2.5.

    456 Guaranty reserves the right to accept or reject any purchase of the Membership Plan at its sole discretion.

3. PLAN BENEFITS
  • 3.1.

    During the term of the Membership (“Membership Term”), the Plan offers Member various purchase discount benefits or other value added services or products (“Discount Benefits”) summarized below in this Section. Any terms or conditions associated with Discount Benefits are available for review at http://www.456guaranty.com.

  • 3.1.1.

    Purchase discounts on certain wireless or technology accessories offered by a participating Authorized Dealer from which Member purchased his/her Member Device. 456 Guaranty may, in its sole discretion, from time to time and without prior notice to Member, add, remove or otherwise modify any of the Discount Benefits offered by the Authorized Dealer. Please see Authorized Dealer for more details and limitations.

  • 3.1.2.

    Acess to 456 Guaranty's web applications, 456 Guaranty Member’s agrees that 456 Guaranty may, in its sole discretion and without prior notice to Member’s, share Member's enrollment information with partner companies for the purposes of delivering web-hosted applications.

  • 3.1.3.

    Access to other benefits that 456 Guaranty may, in its sole discretion, offer as part of a bundle of value added services or products. Terms and conditions related to such other benefits (such as 456 Guaranty BUYBACK Program) are available at http://www.456guaranty.com.

  • 3.2.

    A Member who purchase the Member Device and Membership Plan may make a request to receive and use a 456 Guaranty Certified Device (“456 Guaranty Device”) for up to 24 months for wireless cellphone devices, tablet, netbook or computing devices in place of the Member Device subject to the following conditions (“456 Guaranty Device Benefits”, and together with Discount Benefits, “Plan Benefits”), subject to the following conditions:

    • 3.2.1.

      When Member Device and Member Plan are purchased together, on the same date of purchase from the same Authorized Dealer, a Member may file a request for 456 Guaranty Device Benefits at any time, so long as the Membership Plan has not been cancelled, or a request for a return or refund has not been made.

    • 3.2.2.

      Members who purchase the Membership Plan any time after the date of purchase of the Member Device must wait 30 days from the Plan Purchase Date to request and receive a 456 Guaranty Device under the Membership Plan.

    • 3.2.3.

      456 Guaranty will attempt to provide a 456 Guaranty Device with similar style and features as the Member Device (of like kind and quality to the Member Device).

    • 3.2.4.

      If the 456 Guaranty Device requires a battery charger that is different from the charger associated with the Member Device, 456 Guaranty will provide such required charger with the 456 Guaranty Device.

    • 3.2.5.

      456 Guaranty does not guarantee that the 456 Guaranty Device will be the same make/model/color as the Member Device. 456 Guaranty will provide its Member’s with a closest compatible model of the device if current Member Device which Member owned is not available and or is discontinued.

    • 3.2.6.

      For each request made by Member for a 456 Guaranty Device, 456 Guaranty shall charge Member an administrative fee in the amount set forth in Exhibit A in Section 17 below (the “Administrative Fee”); provided, that 456 Guaranty reserves the right to charge Member a higher Administrative fee should the Member want a 456 Guaranty Device with different features, functionalities or capabilities than the feature, functionalities or capabilities of the Member Device. 456 Guaranty reserves the right to perform address or other verification procedures related to the form of payment being tendered by the Member to ensure proper delivery of the 456 Guaranty Device and delivery of benefits under the Membership Plan.

    • 3.2.7.

      The Member is eligible to receive a 456 Guaranty Device, if at the time of Member’s request of the 456 Guaranty Device, the Member Device is not eligible for replacement, repair or maintenance service under the Member Device’s manufacturer’s warranty or an extended warranty or service contract. 456 Guaranty reserves the right to return the Member Device to the Member if the Member Device is covered under any other warranty and such warranty will provide the Member with a replacement device in exchange for their original Member Device.

    • 3.2.8.

      456 Guaranty will deliver the 456 Guaranty Device to Member at the last known billing address of Member in 456 Guaranty’s Membership records or the address provided to 456 Guaranty by Member at the time of his/her request for the 456 Guaranty Device. Should Member request delivery to an address other than the last known billing address, 456 Guaranty reserves the right to request proof of the new address or other address verification. 456 Guaranty will deliver the 456 Guaranty Device using the method of its choice which typically results in Member receiving the 456 Guaranty Device within one to three business days of his/her request. Shipping Service Guarantee shall not apply to, any interruption of service due to causes beyond our control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipment; acts of God; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; the application of security regulations imposed by the government or otherwise applicable to the delivery location; a government agency hold; riots; strikes or other labor disputes; civil unrest; disruptions of any kind in air or ground transportation networks; and natural disasters. 456 Guaranty reserves the right to offer to the Member shipping options for 456 Guaranty’s delivery of the 456 Guaranty Device to the Member, but such other shipping options may increase the cost to the Member to receive delivery of the 456 Guaranty Device above the Administrative Fee set forth in Exhibit A in Section 17 below. Should the Member desire delivery to a location other than the last known billing address of Member in 456 Guaranty’s records, 456 Guaranty reserves the right to perform necessary verification of the identity of the Member or require proof of a change in address.

    • 3.2.9.

      The Member will accept receipt of the 456 Guaranty Device when delivered to the Member by 456 Guaranty, unless 456 Guaranty delivered such 456 Guaranty Device to the Member in error. If, for any reason, the Member fails or refuses to accept receipt of the 456 Guaranty Device when delivered to the Member after Member’s request for the 456 Guaranty Device, Member shall not be entitled to a refund of the Membership Plan and Admin Fee (as defined below).

    • 3.2.10.

      Upon Member’s request for a 456 Guaranty Device, permitted after the first 30 days of the Membership Term, Member shall be entitled, notwithstanding any cancellation of the Membership by Member pursuant to Section 9 below, upon receipt of the 456 Guaranty Device, to use the 456 Guaranty Device for up to 24 months for wireless cellphone devices, tablet, netbook or computing devices from the date of 456 Guaranty's receipt of the Member’s request for the 456 Guaranty Device (“456 Guaranty Device Period”).

    • 3.2.11.

      Upon delivery of the 456 Guaranty Device to the Member, 456 Guaranty will provide the Member the applicable manufacturer’s instructions on the use of the 456 Guaranty Device.

    • 3.2.12.

      The Member will use the 456 Guaranty Device in a careful and proper manner and in accordance with the manufacturer’s instructions and specifications and the service agreement between the Member and the applicable wireless communications service provider.

    • 3.2.13.

      The Member agrees that he/she will not deface the 456 Guaranty Device; flash and or unlock the Device; assign, rent, sublet, sell, attempt to dispose of, grant any interest in or otherwise transfer the 456 Guaranty Device to any third party without first contacting 456 Guaranty.

    • 3.2.14.

      If the 456 Guaranty Device is not in complete working order when the Member receives delivery of the 456 Guaranty Device or it subsequently malfunctions within 30 of Member’s receipt of the 456 Guaranty Device, Member shall promptly notify 456 Guaranty by applying for Return Authorization # online or calling customer service 540-456-1002 of such malfunction. 456 Guaranty will provide a return shipping tag to the Member for the Member to use and return the malfunctioning 456 Guaranty Device back to 456 GUARANTY fulfillment center. Provided that the Member is then in compliance with these Terms, 456 Guaranty will provide the member with another 456 Guaranty Device upon receiving notification that the shipping tag has been activated, and the Member shall have the right to use the subsequently delivered 456 Guaranty Device for the duration of the 456 Guaranty Device Period. Member agrees to return to 456 Guaranty the previously delivered 456 Guaranty Device that has malfunctioned for inspection by 456 Guaranty within seven (7) days after Member receipt of the subsequently delivered 456 Guaranty Device. If not received full retail price of the device will be charged to the Member credit card on file.

    • 3.2.15.

      If the 456 Guaranty Device malfunctions after 30 days of its receipt by Member, Member shall promptly notify 456 Guaranty of the such malfunction. Provided that the Member is then in compliance with these Terms, 456 Guaranty will provide another 456 Guaranty Device to the Member as soon as commercially reasonable after either (a) Member provides 456 Guaranty with Member’s credit card number to hold for payment of a potential Fee of $150 for a Simple device, $300 for a smart device, or $500 for a premiere device , or (b) Member has shipped to 456 Guaranty and 456 Guaranty has received and inspected the malfunctioning 456 Guaranty Device and determined that the previously delivered 456 Guaranty Device does not have a defect, damage or malfunction caused by Member’s neglect or misuse of the previously delivered 456 Guaranty Device. Member agrees to return to 456 Guaranty the previously delivered 456 Guaranty Device that has malfunctioned for inspection by 456 Guaranty within 12 days after Member receipt of the subsequently delivered 456 Guaranty Device. If the Member provides 456 Guaranty with Member’s credit card number to hold for payment of a potential Administrative Fee and Member fails to return the malfunctioning 456 Guaranty Device to 456 Guaranty within such 10-day period or, after 456 Guaranty receives the malfunctioning 456 Guaranty Device from Member, 456 Guaranty determines that the malfunctioning 456 Guaranty Device has a defect, damage or malfunction caused by the Member’s neglect or misuse of the previously delivered 456 Guaranty Device, 456 Guaranty shall charge the Member’s credit card for the applicable Administrative Fee in Exhibit A in Section 17 below.

    • 3.2.16.

      During the 456 Guaranty Device Period, the 456 Guaranty Device shall be subject to the same terms, conditions and services provided by any applicable Communications Service Provider with respect to the Member Device under such Communications Service Provider’s wireless communications service agreement with Member.

    • 3.2.17.

      At the end of the 456 Guaranty Device Period, 456 Guaranty may contact the Member regarding the procedures for returning the 456 Guaranty Device to 456 Guaranty for recycling. Upon receipt of the 456 Guaranty Device by 456 Guaranty, 456 Guaranty will provide the Member with a gift certificate towards future Admin Fee of the Member Device within 14 business days. See Exhibit A for details.

    • 3.2.18.

      The Member acquires the right to use the 456 Guaranty Device during the 456 Guaranty Device Period. During the Membership Plan Term, Member’s shall not permit any person to perform any service to, or replace any parts of, the 456 Guaranty Device, without prior written approval from 456 Guaranty.

4. MEMBERSHIP PLAN NUMBER
  • 4.1.

    Upon purchase of the Membership Plan, 456 Guaranty will issue or cause to be issued, to Member a Membership Plan Number. The Membership Plan Number is not transferable and may only be used by the Member to whom the Membership Plan Number is issued. The Member will notify 456 Guaranty and the Authorized Dealer if the Member becomes aware of any unauthorized use of Member’s Membership Plan Number.

5. MEMBERSHIP PLAN FEES
  • 5.1.

    The Member will pay an upfront enrollment fee (“Membership Plan Fee”) including applicable taxes, if any, upon purchasing the Membership Plan based on the length of the Membership selected by the Member and the type of Member Device as set forth in Exhibit A in Section 17 below.

  • 5.2.

    Member will pay the Membership Plan Fee and applicable taxes, if any, to the Authorized Dealer, at the time the Member purchases the Membership Plan. Refunds of the Membership Fee and any taxes paid are subject to Members’ cancellation rights provided in Section 9 below.

  • 5.3.

    The “Membership Plan Purchase Date” is the date the Membership Plan Fee was paid.

  • 5.4.

    Membership Plan is Active when funded which can take up to 2 business days from the actual Membership Plan Purchase Date.

  • 5.5.

    Return or Cancellation within 30 Days of Purchase. A “Return” is defined as a Member’s request to cancel the Membership Plan within 30 days of the Membership Plan Purchase Date, and is subject to approval. Member must submit to 456 Guaranty ‘cancellation request form’ online to cancel the plan. With an approved request Return, the Member will receive all funds paid toward the Membership Fee. Return will not be approved if a Request has been made against the Membership Plan or Device Buyback that has been used. Returns may be processed by the Authorized Dealer that sold the Membership Plan or online by 456 Guaranty directly.

  • 5.6.

    Refund or Cancellation More than 30 Days after Purchase. A “Refund” is defined as a customer’s request to cancel the Membership Plan made between the second (2nd) and twenty-fourth (24th) months starting from the Membership Plan Purchase Date, and is subject to approval. Member must submit to 456 Guaranty ‘cancellation request from’ online to cancel the plan. With an approved Refund, the Member receives a prorated refund of the Membership Fee and taxes paid on the Membership Plan Purchase Date. Request for Refund will not be approved if a Request has been made against the Membership Plan, Device BuyBack Plan or any Services has been used. A Processing Fee of $25.00 applies to each Refund. All Refunds are handled exclusively by 456 Guaranty; Authorized Dealers are unable to process Refunds.

  • 5.7.

    For customers who purchase 456 Guaranty’s Monthly Membership Plan, the following terms and conditions apply and may differ from the terms and conditions that apply to upfront payment of the Membership Fee:

    • 5.7.1.

      The Membership Plan Purchase Date is the date the customer paid the first payment for the Membership Plan under the 456 Guaranty Payment Plan. The first payment along with applicable taxes, if any, is collected by the Authorized Dealer from which the Member purchased the Member Device.

    • 5.7.2.

      If the Member does not make a required payment on or before the due date, customer will have not more than thirty (30) days from the due date of the past due payment to bring the account current. In the event Member does not make the past due payment within thirty (30) days of the payment due date, the Membership Plan will terminate automatically and the Member shall receive a reimbursement for any unused portion of the Membership Plan measured as of the date of termination.

    • 5.7.3.

      Returns. A “Return” is defined as a Member’s request to cancel the Membership Plan within 30 days of the Membership Plan Purchase Date, and is subject to approval. Member must submit to 456 Guaranty ‘cancellation request form’ online to cancel the plan. With an approved Return, the Member will receive all funds paid towards the Membership Fee. Return will not be approved if a Request has been made against the Membership Plan or Device BuyBack Plan has been used. Returns may be processed by the Authorized Dealer that sold the Membership Plan or by 456 Guaranty online directly.

    • 5.7.4.

      Refunds. A “Refund” is defined as a Member’s request to cancel the Membership Plan made between the second (2nd) and twenty-fourth (24th) months starting from of the Membership Plan Purchase Date, and is subject to approval. Member must submit to 456 Guaranty ‘cancellation request form’ online to cancel the plan. With an approved Refund, the Member receives a Prorated Refund of funds paid toward the Membership Plan Fee along with a pro rata share of the associated taxes paid, if any. Request for Refund will not be approved if a Request has been made against the Membership Plan or Device BuyBack plan has been used. 456 Guaranty reserves the right to charge a Processing Fee of $25.00 for each Refund. All Refunds are handled exclusively by 456 Guaranty; Authorized Dealers are unable to process Refunds.

6. LOSS OF, OR DAMAGE TO, THE 456 GUARANTY DEVICE
  • 6.1.

    In the event of any loss, damage, destruction, theft or disappearance of the 456 Guaranty Device which the Member has not previously returned to 456 Guaranty(“Loss”), Member must immediately, and in any event, no later than within 24 hours of Member becoming aware of such Loss, notify 456 Guaranty of such Loss.

  • 6.2.

    The Administrative Fee set forth in Exhibit A in Section 17 below includes a charge for an optional waiver (“Waiver”) of the Member’s responsibility for any Loss. As a result of this Waiver, Member is not responsible for any Loss, regardless of the cause or circumstances subject to 6.3. below. Accordingly, Member will receive the right to use another 456 Guaranty Device after the payment of the Administrative Fees set forth in Exhibit A in Section 17 below. If Member desires to be liable for any Loss, Member may decline the Waiver and each Administrative Fee set forth on Exhibit A will be reduced by $5.

  • 6.3.

    Notwithstanding anything herein to the contrary, the Waiver shall not cover, and the Member shall remain liable to 456 Guaranty for, any and all Loss resulting from any of the following circumstances: (a) the use or operation of the 456 Guaranty by the Member for a purpose or in manner for which it was not designed, (b) intentional, willful or wanton misuse, abuse or mishandling of the 456 Guaranty Device by the Member, (c) violation of any of the Terms by Member or (d) intentional, dishonest, fraudulent or criminal acts by the Member.

7. TERM OF MEMBERSHIP
  • 7.1.

    The Member must purchase the Membership Plan the same day as Member’s purchase of his or her Member Device from the Authorized Dealer to avoid a 30-day waiting period for Requests under the Membership Plan.

  • 7.2.

    The Membership will become effective upon Member’s payment of the Membership Plan Fee to the Authorized Dealer, for the benefit of 456 Guaranty, and will remain effective for a Monthly Fee Period, for the Period as selected by the Member, from the day Member purchased the Membership Plan.

  • 7.3.

    Upon receipt by 456 Guaranty of a written request by Member to renew the Membership, Membership will be renewed for a monthly period, for a period as selected by the Member when he/she purchased the Membership Plan. The Member shall pay to 456 Guaranty a renewal Membership Plan Fee in the amount of the then current Membership Plan Fee applicable to the Member Device and the Membership Term.

  • 7.4.

    During the Membership Term, if Member transfers a telephone number associated with the Member Device to a New Device owned by Member and purchased by Member from an Authorized Dealer, the Membership Plan will become effective with respect to such New Device on the fifteenth (15th) day following the date on which such New Device is activated for service by the applicable wireless communications service provider. 456 Guaranty may require the payment of additional Membership Plan Fees should the New Device be of a different type than the Original Device or the old membership plan be cancelled and new membership plan be issued for new device. 456 Guaranty may require proof from the Member of any transfer of the telephone number associated with the Member Device to the New Device.

  • 7.5.

    During the Membership Term, if the Member transfers the electronic serial number, a/k/a IMEI ID associated with the Member Device to a New Device owned by the Member and purchased by the Member from an Authorized Dealer, the Membership Plan will become effective with respect to such New Device on the fifteenth (15th) day following the date on which such New Device is activated for service by the applicable wireless communications service provider. 456 Guaranty may require the payment of additional Membership Plan Fees should the New Device be of a different type than the Original Device or the old membership plan be cancelled and new membership plan be issued. 456 Guaranty may require proof from the Member of any transfer of the telephone number associated with the Member Device to the New Device.

8. CERTAIN CONDITIONS
  • 8.1.

    Membership Plan Benefits are valid only on eligible purchases at the participating Authorized Dealers.

  • 8.2.

    Membership Plan Benefits have no cash value, may not be redeemed for cash and are not transferable.

  • 8.3.

    For any Membership Plan Benefit to apply, the Membership Plan must be active and available at the time of purchase. The Member will NOT be reimbursed retroactively for purchases made without active Membership Plan at the time of the purchase.

  • 8.4.

    Discount Benefits will be applied in consideration of all other eligible discounts and deductions (e.g., coupons, seasonal sale discounts, etc.) solely at the discretion of the participating Authorized Dealer or

  • 8.5.

    At the time of purchase of the Membership Plan, Member shall submit to the Authorized Dealer, for the benefit of 456 Guaranty, accurate and current information in connection with the Membership Plan. Such information includes Member’s name, address, last four of SS, email address, and telephone number. It shall be Member’s responsibility to make any necessary changes to the Member’s account information so that such information remains accurate and current during the Membership Term and 456 Guaranty Device Period, as applicable. The Member may change his/her account information by (a) updating Member profile data at the 456 Guaranty website at http://www.456guaranty.com, (b) contacting 456 Guaranty at 540-456-1002 or (c) contacting the Authorized Dealer. 456 Guaranty shall not have any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.

9. CANCELLATION; TERMINATION
  • 9.1.

    The Member may cancel his/her Membership Plan at any time by submitting ‘cancellation request from’ online to 456 Guaranty to cancel the plan, subject to the conditions in Sections 5.5., 5.6., and 5.7. above.

  • 9.2.

    The date on which 456 Guaranty receives a ‘cancellation request from’ from the Member that date shall be the effective date of the cancellation of the Membership Plan.

  • 9.3.

    If Member requests the 456 Guaranty Device and cancels such request after 456 Guaranty has shipped the 456 Guaranty Device but before Member receives delivery of the 456 Guaranty Device, the Member will be charged an Administrative Fee as set forth in Exhibit A in Section 17 below, and upon the receipt of 456 Guaranty Device by the Member, Member shall immediately return the 456 Guaranty Device back to 456 Guaranty fulfillment center.

  • 9.4.

    In the event that the Member requests 456 Guaranty Device and 456 Guaranty is unable to fulfill the delivery of such 456 Guaranty Device for any or no reason, 456 Guaranty reserves the right to cancel the Membership Plan by notifying the Member of such inability and refunding the full Membership Plan Fee to such Member. Subject to B4 Page #2 make/color.

  • 9.5.

    456 Guaranty may terminate the Membership Plan, without any reason in its sole discretion, including, without limitation, 456 Guaranty’s belief that the continued use of the Membership Plan by the Member would violate any provisions of the Terms, applicable law, or otherwise be harmful to 456 Guaranty. In the event of any such Membership Plan Termination, the Member will be entitled to a pro rata refund of the Membership Plan Fee (net of the amount paid to the Authorized Retailer) based on the number of days remaining in the Membership Term; provided, however, the Member must first return to 456 Guaranty any 456 Guaranty Device in his/her possession before 456 Guaranty is obligated to pay such refund to the Member.

    • 9.5.1.

      In the event of 456 Guaranty’s Membership Plan Termination, the Member will be entitled to a pro rata refund of the Membership Plan Fee, net of the amount paid to the Authorized Retailer, based on the number of days remaining in the Membership Term.

    • 9.5.2.

      In the event of 456 Guaranty’s Membership Plan Termination of the 456 Guaranty Device Benefits, at the Member’s election, 456 Guaranty will either maintain Member’s Plan Benefits until expiration of the Membership Term or refund the Member a pro rata portion of the Membership Plan Fee for the remaining portion of the Membership Term.

    • 9.5.3.

      In the event of 456 Guaranty’s Membership Plan Termination of any or all of the Discount Benefits, but not the 456 Guaranty Device Benefits, at 456 Guaranty election, 456 Guaranty will either maintain Member’s Plan Benefits until expiration of the Membership Term or refund the Member a pro rata portion of the Membership Plan Fee for the remaining portion of the Membership Term.

    • 9.5.4.

      456 Guaranty shall have no obligation to pay any Refunds payable to the Member under this Section 9.5. until 456 Guaranty has received from Member any 456 Guaranty Device in such Member’s possession.

    • 9.5.5.

      456 Guaranty may terminate the Membership Plan or any or all of the Membership Plan Benefits, in whole or in part, at any time with or without notice to the Member, including without limitation, if the Member makes a request for the 456 Guaranty Device with the intent personally to profit (e.g., selling the phone we ship them, giving it to someone else, etc.) from use of the 456 Guaranty Device, the Member intentionally causes damage to the 456 Guaranty Device, or the Member intentionally voids or breaches the manufacturer’s extended warranty or a service contract covering the Member Device.

10. HOW TO MAKE A REQUEST
  • 10.1.

    Contact 456 Guaranty by phone at 1-540-456-1002 between the hours of 9:00 AM and 9:00 PM EST, or visit http://www.456guaranty.com and log in to your account to make a request online.

  • 10.2.

    A 30-day waiting period applies to requests under Membership Plans not purchased on the date of purchase of the Member Device.

11. CONTACT INFORMATION
  • 11.1.1.

    Please contact 456 Guaranty (a) By phone at 1-540-456-1002; (b) By email at info@456guaranty.com; (c) By writing 456 Guaranty at 1000 N West Street. Suite 1200-1011, Wilmington, DE-19801 ATTENTION: Customer Service.

12. CHANGES TO THE TERMS
  • 12.1.

    456 Guaranty may, in its sole discretion, change the Terms at any time without notice or liability by posting revised Terms and Conditions on the 456 Guaranty website. Any changes shall take effect immediately, unless otherwise provided. The Member’s may view the current version of these Terms at any time by visiting the 456 Guaranty website. The Member’s may also obtain a copy of the Terms at an Authorized Dealer or by contacting 456 Guaranty in accordance with Section 11 above.

13. DISCLAIMERS; LIMITATION OF LIABILITY
  • 13.1.

    NONE OF THE PLAN, THE MEMBERSHIP, WAIVER OR ANY OF THE PLAN BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE OR AN EXTENDED WARRANTY OR SERVICE CONTRACT.

  • 13.2.

    USE OF THE PLAN AND ANY OF THE PLAN BENEFITS IS AT MEMBER’S SOLE RISK. THE PLAN BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

  • 13.3.

    456 GUARANTY AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS, AND THE AUTHORIZED DEALER (“456 GUARANTY ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PLAN AND ANY OF THE PLAN BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

  • 13.4.

    456 GUARANTY ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT (a) THE PLAN WILL MEET MEMBER’S REQUIREMENTS, (b) THE PLAN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER FROM MEMBERSHIP IN THE PLAN WILL MEET MEMBER’S EXPECTATIONS.

  • 13.5.

    456 GUARANTY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 456 GUARANTY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLAN OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE PLAN; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PLAN’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PLAN.

  • 13.6.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

14. ARBITRATION
  • 14.1.

    In the event of any dispute among the parties as to the interpretation of any provision of these Terms or the rights and obligations of any party hereunder, such dispute shall be resolved through binding arbitration as hereinafter provided.

  • 14.2.

    If arbitration is required to resolve a dispute among the parties, the parties will notify the New York City Regional Office of the American Arbitration Association (“AAA”) located in New York City , New York, and request AAA to select one person to act as the arbitrator for resolution of the dispute.

  • 14.3.

    The arbitrator selected pursuant to Section 14.2. will establish the rules for proceeding with the arbitration of the dispute, which will be binding upon all parties to the arbitration proceeding. The arbitrator may use the rules of the AAA for commercial arbitration but is encouraged to adopt the rules the arbitrator deems appropriate to accomplish the arbitration in the quickest and least expensive manner possible.

  • 14.4.

    The arbitrator will have the exclusive authority to determine and award costs of arbitration and the reasonable expenses and costs incurred by any party for its attorneys, advisors and consultants.

  • 14.5.

    Any award made by the arbitrator shall be binding on the Member and 456 Guaranty and shall be enforceable to the fullest extent of the law.

  • 14.6.

    Nothing in this Section 14 shall preclude 456 Guaranty from seeking any injunctive relief in state or federal courts for protection of its intellectual property rights (including such rights of its licensors).

15. GOVERNING LAW
  • 15.1.

    The Membership, the Plan, the Plan Benefits and the Terms shall be governed by and construed in accordance with the laws of the State of New York.

16. MISCELLANEOUS
  • 16.1.

    These Terms, including all documents referenced herein, represents the entire understanding between 456 Guaranty and the Member with respect to the Plan and the Membership Plan and supersedes any other agreements, statements or representations.

  • 16.2.

    No waiver by 456 Guaranty of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

  • 16.3.

    The headings in this agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

17. EXHIBIT A
  • 17.1.

    Simple

    • 17.1.1.

      Definition of Simple Member Device

      • 17.1.1.1.

        Simple or Feature mobile phones that do not require a data package from a wireless carrier; includes air cards and MiFi Devices.

    • 17.1.2.

      Membership Term/Membership Fee

      • 17.1.2.1.

        2-Year Term: $99.99

      • 17.1.2.2.

        1-Year Term: $59.99

      • 17.1.2.3.

        Monthly: $7.00

    • 17.1.3.

      Administrative Fee for 456 Guaranty Device

      • 17.1.3.1.

        First Request for 1/2-Year Term: $50.00

      • 17.1.3.2.

        Second and subsequent requests for 1/2 -Year Plan: $100.00

      • 17.1.3.3.

        Requests between 0-6 Months for Monthly Payment Plan: $100.00

      • 17.1.3.4.

        Requests between 7-12 Months for Monthly Payment Plan: $75.00

      • 17.1.3.5.

        Requests between 13-24 Months for Monthly Payment Plan: $50.00

      • 17.1.3.6.

        Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5)

  • 17.2.

    Smart

    • 17.2.1.

      Definition of Smart Member Device

      • 17.2.1.1.

        Mobile phones or devices that require a data package from the wireless carrier

    • 17.2.2.

      Membership Term/Membership Fee

      • 17.2.2.1.

        2-Year Term: $139.99

      • 17.2.2.2.

        1-Year Term: $99.99

      • 17.2.2.3.

        Monthly: $9.00

    • 17.2.3.

      Administrative Fee for 456 Guaranty Device

      • 17.2.3.1.

        First Request for 1/2-Year Term: $125.00

      • 17.2.3.2.

        Second and subsequent requests for 1/2 -Year Plan: $175.00

      • 17.2.3.3.

        Requests between 0-6 Months for Monthly Payment Plan: $225.00

      • 17.2.3.4.

        Requests between 7-12 Months for Monthly Payment Plan: $175.00

      • 17.2.3.5.

        Requests between 13-24 Months for Monthly Payment Plan: $125.00

      • 17.2.3.6.

        Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5)

  • 17.3.

    Genius

    • 17.3.1.

      Definition of Genius Member Device

      • 17.3.1.1.

        Advanced devices including new launch smart phones and devices that are referenced as tablets, netbooks, or other computing type device.

    • 17.3.2.

      Membership Term/Membership Fee

      • 17.3.2.1.

        2-Year Term: $199.99

      • 17.3.2.2.

        1-Year Term: $129.99

      • 17.3.2.3.

        Monthly: $10.00

    • 17.3.3.

      Administrative Fee for 456 Guaranty Device

      • 17.3.3.1.

        First Request for 1/2-Year Term: $150.00

      • 17.3.3.2.

        Second and subsequent requests for 1/2-Year Term: $200.00

      • 17.3.3.3.

        Requests between 0-6 Months for Monthly Payment Plan: $250.00

      • 17.3.3.4.

        Requests between 7-12 Months for Monthly Payment Plan: $200.00

      • 17.3.3.5.

        Requests between 13-24 Months for Monthly Payment Plan: $150.0

      • 17.3.3.6.

        Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5)

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