XFINITY MOBILE EARLY DEVICE UPGRADE PROGRAM TERMS

XFINITY MOBILE EARLY DEVICE UPGRADE PROGRAM

TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY TO UNDERSTAND YOUR RIGHTS AS A

DEVICE PAYMENT PLAN BORROWER OR AUTHORIZED USER AND PARTICIPANT IN THE XFINITY MOBILE EARLY

DEVICE UPGRADE PROGRAM. BY PARTICIPATING IN THE XFINITY MOBILE EARLY DEVICE UPGRADE

PROGRAM, YOU ENTER INTO A BINDING AGREEMENT WITH THE SIGNAL, PO BOX 47168, ATLANTA, GA 30362

(“THE SIGNAL”) AND AGREE TO ALL TERMS AND CONDITIONS OUTLINED BELOW.

1. Definitions.

Credit: The DPP balance amount credited to Your

Account upon successful validation that Your Eligible

Device is in Good Working Order.

Device: The cellular device or electronics that is subject

to the DPP.

DPP: The Xfinity Mobile Device Payment Plan that allows

You to make monthly payments toward the purchase of

Your Device.

Eligible Device: A Device that is eligible to be upgraded

under the Early Device Upgrade Program.

Early Device Upgrade Program (Program): An optional

program designed for Xfinity Mobile customers who have

purchased a new Device with a DPP from Xfinity Mobile,

for use on Xfinity Mobile’s network. The Program enables

Xfinity Mobile customers to purchase a new device before

completely paying off their current DPP.

Good Working Order: Good Working Order means the

Device (i) powers up and operates in a manner consistent

with the original manufacturer’s specifications for both

hardware and software, (ii) is free from liquid damage, (iii)

does not have a cracked or broken screen, and (iv) has

no physical damage to the housing, buttons and charging

port. In addition, Find My iPhone must be turned off for

iPhones.

Terms and Conditions: The provisions of this agreement

that govern the Early Device Upgrade Program.

Upgrade Fee: The fee paid by You to Xfinity Mobile for

costs associated with the upgrade transaction. The Signal

receives part of the Upgrade Fee you pay Xfinity Mobile.

We: The Signal as the buyer of the Device You are trading

in under the Program.

You and Your: The borrower responsible to make the

DPP payments for the Eligible Device.

2. Certification.

By participating in the Early Device Upgrade Program,

You certify that:

a) You are over the age of eighteen (18) and are free to

enter into this agreement.

b) You are lawfully the borrower responsible for the DPP

for the Eligible Device.

c) You agree to surrender ownership rights to Your

Eligible Device when You turn it in as part of your Early

Device Upgrade, and understand that The Signal is under

no obligation to return that Device to You.

d) You agree to provide The Signal with the information

necessary for The Signal to remit the Credit for Your

benefit to Xfinity Mobile or its assignee creditor.

3. Eligibility.

a) Program Eligibility. You must have an active line of

service with Xfinity Mobile, and You must have purchased

an Eligible Device from Xfinity Mobile with a DPP. Your

account must be current and in good standing with Xfinity

Mobile. You are subject to the Terms and Conditions

specified in this document for the Program, as well as the

Xfinity Mobile Agreements, defined in Section 7.

b) Device Eligibility. The International Mobile Equipment

Identifier (“IMEI”) of the Device matches the IMEI

identified on the DPP, or a replacement device provided

by Xfinity Mobile, The Signal or the manufacturer. The

Device is in Good Working Order. If You are an individual

customer, You must have paid off at least 50% of the total

price of the Device.

4. How to Initiate an Early Device Upgrade.

You may initiate an Early Device Upgrade in any initiation

channels Xfinity Mobile makes available to You, which are

subject to change. These may include: a) going to a

participating Xfinity Mobile or affiliated 3

party retail

location; b) calling Xfinity Mobile Care at 1-888-936-4968;

c) online via the Xfinity Mobile website at

www.xfinitymobile.com; or d) a direct sales transaction

initiated at your residence. After the upgrade process is

initiated, You must pay any applicable Upgrade Fee and

surrender Your Eligible Device in Good Working Order

through any of the available surrender channels listed in

Section 5 to receive Credit.

5.Upgrade and Evaluation Process.

To upgrade Your Eligible Device under the Program, You

must surrender the Eligible Device and its battery to The

Signal via one of the available surrender channels, which

may include In-Store, Self-Certify or any other channel

identified by Xfinity Mobile from time to time. Once you

surrender Your Eligible Device through any available

surrender channel, We are unable to return your

Device to You. If In-Store or Self-Certify options are

available, You must surrender the Eligible Device as

follows:

In-Store surrender: If You initiate Your Xfinity Mobile

upgrade at a participating Xfinity Mobile or affiliated 3

party store, and an authorized representative determines

that Your Eligible Device is in Good Working Order, You

will pay any applicable Upgrade Fee and turn over Your

Eligible Device to the authorized representative. Xfinity

Mobile will apply a Credit equal to the remainder of Your

DPP balance for the Eligible Device in accordance with

the Application of Credit section of these Terms and

Conditions. If Your Device is not in Good Working Order,

Your upgrade will be denied, You will not pay an Upgrade

Fee, Your DPP balance remains unchanged, and You will

retain your Device.

Self-Certify and surrender by shipping directly to The

Signal: If You initiate Your upgrade over the phone or

online, or at a participating retail location but need to wait

for Your new device to be shipped to You, You will pay

the applicable Upgrade Fees, confirm Your Eligible

Device is in Good Working Order, and ship Your Eligible

Device directly to The Signal. Your Eligible Device must

be received at The Signal within twenty (20) days from

the date Your new device is shipped. Your Eligible Device

must be properly shipped to avoid damage during transit.

If Your Eligible Device is received in Good Working Order,

Xfinity Mobile will apply a Credit equal to the remainder of

your DPP balance for the Eligible Device in accordance

with the Application of Credit section of these Terms and

Conditions.

Upgrade Fee: The Upgrade Fee varies based on the

make/model of the Eligible Device you are surrendering.

You will be notified of the Upgrade Fee for the Device you

are surrendering as part of the upgrade transaction.

Xfinity Mobile Care customers do not pay an Upgrade Fee

as part of the upgrade transaction.

Application of Credit: Your Credit, equal to the

remainder of Your DPP balance for the Eligible Device,

will be applied within 3 billing cycles.

Impact of Shipping Ineligible Devices to The Signal: If

You ship a Device to The Signal and the IMEI does not

match the IMEI identified on Your DPP, or a replacement

device provided by Xfinity Mobile, The Signal or the

manufacturer, the Device is not considered an Eligible

Device. If Your Device is not in Good Working Order, the

Device is not considered an Eligible Device. If you ship

ineligible Devices to The Signal, Your upgrade will be

denied, any Upgrade Fee You paid will be refunded, You

will immediately be charged the remainder of Your

DPP balance for the Device, and Your Device will be

returned to You.

6. Data Security.

It is solely Your responsibility to protect and secure any

information that is stored on Your Device. You are

responsible for removing data and personal information

including, but not limited to, SIM cards, memory cards,

passwords, contacts, emails, pictures and calendars.

Consult Your Device User Guide to learn how to erase or

remove such information. The Signal will securely destroy

any SIM cards or memory cards upon receipt, and is

unable to return these to You. If You are surrendering an

iPhone, You must disable Find My iPhone. Failing to do

so will make the Device ineligible for an upgrade.

7. Applicability.

This Agreement is supplemental to, and separate from,

any other agreements You may have with Xfinity Mobile

including, but not limited to, the Xfinity Mobile Customer

Agreement, the Xfinity Mobile Privacy Policy and the

Xfinity Mobile Device Payment Plan (collectively the

“Xfinity Mobile Agreements”). To the extent that these

Terms and Conditions conflict with any other provision of

any other terms and conditions of the Xfinity Mobile

Agreements, the provision(s) in the Xfinity Mobile

Agreements shall apply.

8. Transferability and Availability.

This Agreement is non-transferable. The Early Device

Upgrade Program is available only in the United States.

9. Waiver of Liability.

IN NO EVENT SHALL THE SIGNAL OR XFINITY

MOBILE OR THEIR RESPECTIVE AGENTS,

AFFILIATES, OFFICERS OR EMPLOYEES BE LIABLE

TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL,

EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE

DAMAGES arising out of, from, or related to the

participation by You in the Early Device Upgrade Program

regardless of the form of action (including, but not limited

to, negligence) and regardless as to whether The Signal

or Xfinity Mobile has been advised of the possibility of any

such loss or damage. In the event a court of competent

jurisdiction finds this Section unenforceable, You agree

that the extent of The Signal’s or Xfinity Mobile’s liability

shall be no more than one hundred dollars ($100.00).

10. Independent Contractor.

The Early Device Upgrade Program in no way constitutes

or gives rise to a partnership, joint venture or other

relationship between The Signal and Xfinity Mobile. The

Signal operates under these Terms and Conditions as an

independent contractor and not as an agent for Xfinity

Mobile.

11. Indemnity.

You agree to indemnify and hold The Signal and Xfinity

Mobile and their respective parents, subsidiaries,

affiliates, officers, directors, agents, and employees

harmless from any claims or demands, including

reasonable attorneys’ fees, made by any third parties due

to, connected to, or arising out of, the breach of this

agreement, any acts or omissions, or violation of any law

or the rights of any third party by You.

12. Dispute Resolution.

You understand that Comcast OTR1, LLC is not a party

to this agreement, and that any disputes that may arise

with Comcast OTR1, LLC are governed by Your

agreement(s) with Comcast OTR1, LLC including, and not

limited to, the Dispute Resolution and Arbitration provision

set forth under the heading “Binding Arbitration” in Your

Xfinity Mobile Customer Agreement with Comcast OTR1,

LLC.

13. Mandatory Arbitration Provision.

THE FOLLOWING ARBITRATION PROVISION

("PROVISION") MUST BE READ CAREFULLY. IT

LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING

YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES

THROUGH COURT ACTION. To begin arbitration, either

You or We must make a written demand to the other party

for arbitration. All arbitrations shall be administered by the

American Arbitration Association (“AAA”) in accordance

with its Consumer Arbitration Rules (“Rules”) in effect at

the time the claim is filed. The terms of this Provision shall

control any inconsistency between the Rules and this

Provision. Upon written request, We will advance to You

either all or part of the fees of the AAA and of the

arbitrator. The arbitrator will decide whether You or We

will be responsible for these fees. Unless You and We

agree, the arbitration will take place in the county and

state where You live. The Federal Arbitration Act, 9

U.S.C. § 1, et seq., will govern and no state, local or other

arbitration law will apply. IF ANY PORTION OF THIS

PROVISION IS DEEMED INVALID OR

UNENFORCEABLE, IT SHALL NOT INVALIDATE THE

REMAINING PORTIONS OF THE PROVISION,

EXCEPT THAT IN NO EVENT SHALL THIS PROVISION

BE AMENDED OR CONSTRUED TO PERMIT CLASS

ARBITRATION OR ARBITRATION ON BEHALF OF

ANY INDIVIDUAL OTHER THAN YOU. You agree that

any arbitration proceeding will only consider Your claims.

Claims by or on behalf of other individuals will not be

arbitrated in any proceeding that is considering Your

claims. YOU AND WE UNDERSTAND AND AGREE

THAT BECAUSE OF THIS PROVISION, NEITHER YOU

NOR WE WILL HAVE THE RIGHT, EXCEPT AS MAY

BE PROVIDED ABOVE, TO GO TO COURT, OR TO

HAVE A JURY TRIAL, OR TO PARTICIPATE AS ANY

MEMBER OF A CLASS OF CLAIMANTS PERTAINING

TO ANY CLAIM. California Residents Only –

Notwithstanding any other terms of the Provision, which

otherwise fully apply, Claims seeking statutorily

authorized injunctive relief that, if granted, would have the

primary purpose and effect of prohibiting unlawful acts

that threaten future injury to the general public may be

arbitrated.

14. Notice.

You expressly consent to be contacted, for any and all

purposes, at any telephone number, or physical or

electronic address You provide at the time of Your Early

Device Upgrade Program enrollment or Upgrade

transaction. All notices or requests pertaining to these

Terms and Conditions will be in writing and may be sent

by any reasonable means including; e.g., by mail, email,

facsimile, text message or recognized commercial

overnight courier. Notices to You are considered

delivered when sent to Your Device or by email or fax

number You provided, or three (3) days after mailing to

Your billing address.

15. Waiver; Severability.

The failure of either party to require performance by the

other party of any provision of these Terms and

Conditions will not affect the full right to require such

performance at any time thereafter; nor will the waiver by

either party of a breach of any provision of these Terms

and Conditions be taken or held to be a waiver of the

provision itself. If any provision of these Terms and

Conditions is unenforceable or invalid under any

applicable law so held by applicable court decision, such

unenforceability or invalidity will not render these Terms

and Conditions unenforceable or invalid as a whole and

in such event, such provisions will be changed and

interpreted so as to best accomplish the objectives of

such unenforceable or invalid provision within the limits of

applicable law or applicable court decisions.