Wireless Device Financing Agreement

By signing this Device Financing Agreement (the “Agreement”), you, the undersigned identified buyer (“you” or “Buyer”), choose to buy the device associated with the IMEI# identified above (the “Device”) on credit under the terms disclosed in this agreement.  You agree to pay GCI Communication Corp., an Alaska corporation (“we”, “us”, or “GCI”) the amount financed in U.S. funds according to the payment schedule above.  The Truth in Lending Disclosures are part of this agreement.

IMPORTANT TERMS 

1. ARBITRATION AND CLASS ACTION WAIVER. The parties agree to work to resolve any dispute that may arise under this Agreement through GCI’s Customer Service Department. In the unlikely event that GCI’s Customer Service Department is unable to resolve a dispute, You and GCI each agree to resolve any and all disputes on an individual basis through binding arbitration in Anchorage, Alaska. The arbitration shall be conducted before a single arbitrator in accordance with the Alaska Revised Uniform Arbitration Act. You and GCI each agree to waive their respective right to a jury trial or to participate in class actions and class arbitrations.   YOU SHOULD READ THIS ARBITRATION CLAUSE CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT.BY INITIALING HERE, YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED TO READ THIS ARBITRATION CLAUSE CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT.  _____   (Initials of Buyer)
2. RESPONSIBLE PARTY.  As used herein, “you” or Buyer” means an individual or a business entity that is customer of record or a newly qualified customer of GCI. If Buyer is a corporation, limited liability company, partnership or other business entity, the person executing this Agreement on behalf of Buyer has the full power, legal right and authority to execute, deliver and perform the terms of this Agreement.  If it is determined that you are not so authorized, you understand and agree to be personally responsible for and guarantee payment of any sums that become due under this Agreement.
3. PERIODIC STATEMENT.  We will deliver to You a statement each month showing the payment that is due under this Agreement for the coming month and any payments that were applied to the amount due the previous month (the “Monthly Statement”).  Upon final payment of all amounts due under this Agreement, we will deliver to you a final statement indicating such final payment.  The Monthly Statements will be included as part of your bill for service under the applicable service agreement between GCI and you for wireless voice and/or data service for the Device (the “Service Agreement”).
4. PREPAYMENT.  You may pay the total amount due under this Agreement at any time before the final scheduled payment is due.
5. RISK OF LOSS: INSURANCE.  You bear the entire risk of loss, theft or damage to the Device from any cause during the entire term of this Agreement. Even if the Device is lost, stolen or damaged, you remain obligated for any outstanding payments due under this Agreement.  We recommend that you obtain property insurance or Device Protection on the Device.
6. DEFAULT.  You will be in default of this Agreement if any one of the following events (referred to as an “event of default”) occurs:
   • a. You fail to make any payment required under this Agreement within fifteen (15) days of the applicable due date;
   • b. You are in breach of any covenant, representation or warranty in this Agreement;
   • c. You are in default in the performance of any other obligation in this Agreement and such default continues for ten (10) days after we provides you with notice of the default; or
   • d. You fail to maintain voice and/or data service (voice and data are both required for smartphone Devices) under a Service Agreement for the Device.
7. REMEDIES IN THE EVENT OF DEFAULT.  Upon an event of default, we have the right to exercise any one or more of the following remedies:
   • a. [Disable the Device’s wireless network connectivity capabilities;
   • b. Require you to immediately pay us the sum of the remaining unpaid amount financed; and
   • c. Require you to pay us the actual and reasonable costs of collection, including reasonable dishonored check charges, attorney fees, court costs, and disbursements.
8. ASSIGNMENT.  We may, without your consent and without notice to you, assign this Agreement.  You shall not assign this Agreement without our prior written consent.
9. GOVERNING LAW.  This Agreement and any claim, controversy, dispute or cause of action (whether in contract, tort or otherwise) based upon, arising out of or relating to this Agreement and the transactions contemplated hereby shall be governed by the laws of the State of Alaska without giving effect to any choice of law principle, rule or regulation, except to the extent such law is preempted by or inconsistent with applicable federal law.
10. ENGLISH LANGUAGE.  The original version of this Agreement is in the English language.  Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
11. DISCLAIMER OF WARRANTIES/RETURN POLICY.  WE make no warranties, express or implied, regarding the Device, and there will be no implied warranties of merchantability or of fitness for a particular purpose.  Devices carry the warranties specified by the applicable third party manufacturers. We have A LIMITED return policy.  For information about GCI’s return policy and manufacturer’s warranties, please contact GCI’s Customer Service Department or ask a sales representative for details.
12. Indemnity. You are responsible for any and all liabilities, losses or damages, whether imposed on you or us, which are directly attributable to you or any of your acts or omissions during the time the Device is in your possession.  This provision shall survive the termination of this Agreement.  To the extent permitted by law, you will reimburse us for any expenses we incur in connection with the defense of any claim or action you are responsible for under this Agreement.  This includes, but is not limited to, actual and reasonable attorney fees.

NOTICE TO BUYER:

1. Do not sign this Agreement before you read it or if it contains any blank spaces.
2. You are entitled to an exact and completed copy of the Agreement you sign.  Keep it to protect your legal rights.
3. Under the present law, you have the right, among others, to pay off in advance the full amount due at any time.
4. This Agreement is covered by federal and Alaska laws and you have the rights of a buyer under such laws.
5. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF.  RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
6. The finance charge does not exceed 0% per annum computed monthly.
7. You are required to maintain active voice and/or data service plan(s) as long as there is a balance remaining under the Agreement.

By signing this Agreement, you acknowledge that you have read this Agreement and have received a copy of this Agreement from us.