Legal
Home Protection Service Agreement Terms
These are the terms and conditions of the Home Protection Service Agreement (4WC-HOMEPROTECTION 06.2026) that governs your home coverage, reproduced here from the agreement document itself.
The signed contract is controlling
This page reproduces the terms of the 4WC-HOMEPROTECTION (06.2026) — Home Protection Service Agreement, pages 2-16 for your convenience before purchase. Your Home Protection Service Agreement PDF — available from your account after purchase, including the Schedule showing your property, coverage tier, term, optional coverages, and service fee — is the controlling legal document. If anything on this page differs from your agreement, your agreement governs.
HOME PROTECTION SERVICE AGREEMENT
This Agreement is not a contract of insurance or a Warranty subject to the Federal Magnuson-Moss Act.
Please read this Agreement carefully, as it describes the protection You will receive in return for Your payment of the Agreement Purchase Price and it contains a Dispute Resolution/Arbitration Agreement and Class Action Waiver. You must keep this Agreement or Your sales invoice as they are integral parts of this Agreement and You may be required to produce them in order to obtain service. You must maintain the covered items as recommended by the manufacturer's owner's manual and product warranty. Refer to the Schedule above to determine the term of this Agreement and if there is a Service Fee required to obtain service. You acknowledge Your understanding of the Limited Applicability of the Federal Magnuson-Moss Warranty Act as set out below in this Agreement.
I. DEFINITIONS:
(1) We, Us, Our and Obligor – the provider and company obligated under this Agreement is 4warranty Corporation 10751 Deerwood Park Blvd., Suite 200, Jacksonville, Florida 32256 (844-296-8491) Oklahoma License No. 513505394, in all states except in Florida, where it is LYNDON SOUTHERN INSURANCE COMPANY, 10751 Deerwood Park Blvd., Suite 200, Jacksonville, FL 32256 (800) 888-2738 Florida License No. 03698, in Wisconsin where it is The Service Doc Inc., 10751 Deerwood Park Blvd., Suite 200, Jacksonville, FL 32256 (800) 888-2738. This Agreement is not available in California or Virginia.
(2) Administrator – LOTSolutions, Inc., 10751 Deerwood Park Blvd., Suite 200, Jacksonville, Florida 32256 (844-296-8491) - the company providing administration of this Agreement.
(3) Breakdown – a covered item becomes inoperable due to a mechanical or electrical failure.
(4) Schedule – The Schedule provided by the Seller along with the Agreement where information regarding You, the Agreement and coverage is shown.
(5) Seller – the entity selling You this Agreement.
(6) Service Fee – the fee that is due by You for each service call, or actual cost of service, whichever is less, paid to the authorized service professional at the time of service whether or not the failure is determined covered by this Agreement.
(7) Service Provider – the entity responsible for providing service under this Agreement.
(8) You, Your, Agreement Holder and Customer - the original purchaser of the Agreement and contracting for services covered by this Agreement and any authorized transferee/assignee of the original purchaser.
II. COVERAGE PERIOD:
YOUR INITIAL PAYMENT INCLUDES A THIRTY (30) DAY WAITING PERIOD BEFORE YOU ARE ELIGIBLE FOR COVERAGE UNDER THIS AGREEMENT. Coverage begins on the Agreement Effective Date as indicated on the Schedule which is thirty (30) days after the Agreement Purchase Date indicated on the Schedule. If Your Agreement is renewed, the thirty (30) day waiting period does not apply and You are eligible for coverage immediately upon renewal. All monthly terms will begin on the Agreement Effective Date. After the Agreement Effective Date, coverage will continue as long as all monthly or renewal payments are made as scheduled.
WHEN YOUR PLAN BEGINS AND ENDS
(1) One-Time Pay Plans: If You paid for Your Agreement in one payment, coverage under Your Agreement will end on the Agreement Expiration Date of Your coverage, unless it is renewed or cancelled or Our obligations under the Agreement become fulfilled in their entirety, in accordance with the Limit of Coverage Liability.
(2) Continuous Monthly Plans: If You select a plan that automatically renews on a month-to-month basis, coverage under Your Agreement will continue and You authorize Administrator/Seller to charge Your credit card for the amount specified on Your payment receipt each month until Your Agreement is cancelled, We have fulfilled Our obligations under this Agreement in accordance with the Limit of Coverage Liability, or We discontinue the monthly renewals. Your account must be current to receive service.
During the coverage period, We will arrange for an authorized Service Provider to service, repair or replace covered items, or provide a reimbursement due to a Breakdown. This Agreement provides coverage only for those items specifically listed as being covered on the Schedule and excludes all other items. Coverage is subject to limitations and conditions specified in this Agreement.
III. WHAT YOUR AGREEMENT COVERS:
The provisions of this Agreement provide for the service, repair or replacement of the covered parts and labor, or provide a reimbursement due to a Breakdown.
The appliance(s), system(s) or item(s) must be: 1) Located within the confines of the main foundation of the home or garage (with exception to the exterior air conditioner, pool or spa equipment, outdoor kitchen, guest unit, septic system and well pump); 2) In good working order on the Agreement Effective Date; 3) Properly maintained according to the manufacturer's maintenance requirements; and 4) Domestic grade (meaning those items manufactured and marketed solely for use in a residential single-family dwelling).
This Agreement only covers residential properties including single family homes, condominiums, or mobile homes attached to a permanent foundation for the respective square footage as shown in the Dwelling Type being covered by this Agreement section in the Schedule. Properties listed on a historical register, and any property used in whole or in part for business purposes such as, but not limited to, short-term rental not personally owned and operated, day care, group home, rest home, church, school or sorority/fraternity are not covered. Common areas or items shared by non-purchasers of this Agreement will not be covered. Coverage is for occupied residences only.
IV. COVERAGES AVAILABLE:
Central Air Conditioning, Central Home Heating, Additional Air Conditioning Unit, Ductwork, Interior Electrical System, Plumbing System (Excluding Fixtures), Water Heater, Central Vacuum System, Doorbell System, Septic System, Trash Compactor, Programmable Thermostat, Well Pump, Range/Oven/Cooktop, Kitchen Exhaust Fans, Kitchen Refrigerator – excluding icemaker, Dishwasher, Built-In Microwave, Garbage Disposal, Garage Door Opener, Free-Standing Freezer, Ceiling Fans, Clothes Washer, Clothes Dryer, Swimming Pool, Spa, Icemaker (In Refrigerator or Stand Alone), Wine Cooler, Secondary Refrigerator – excluding icemaker.
APPLIANCE AND SYSTEM COMPONENTS:
Major brands of equipment will be covered under this Agreement subject to availability of repair parts. Only those items specifically named as covered are eligible for coverage. Those items listed as "NOT COVERED" are examples and not an all-inclusive list. This listing does not in any way limit Our right to decline coverage for items not specifically mentioned.
1. COOLING/HEATING SYSTEMS: We will cover up to each stated limit per system listed below per twelve (12) month period. The stated limit includes any costs for access, diagnosis, covered parts, repair or replacement and installation.
A. Central Air Conditioning (includes Heat Pumps): (Electric only) We will cover up to $2,500. Coverage is available on residential cooling systems not exceeding a five (5) ton capacity. COVERED: condenser, refrigerant (except as otherwise noted herein), defrost heating element, standard thermostat, fuse, relay, transformer, motors, compressor, pulleys, timer, fan control, bearings, fluid pump, switches, electrodes, semi-conductors, rectifiers, and electronic circuits. NOT COVERED: All other components, including but not limited to: Gas air conditioning systems, Wi-Fi thermostats, baseboard casings, coils, line driers, portable units, registers, grills, clocks, timers, flues and vents, condenser casings, portable electric air cleaners, filters, humidifiers, service valves, driers, refrigerant line sets, refrigerant reclamation, belts, wiring, wiring harness, circuit breakers, drains, primary and secondary drain pans, drain line stoppages, roof jacks or stands, chilled water systems, unit accessories, improperly sized cooling systems, wall units not ducted when designed to be ducted by the original manufacturer.
B. Central Home Heating: (Gas, Electric, or Oil) We will cover up to $2,500. COVERED: gas valve, main burner, limit control, pilot burner, thermocouple, regulator, standard thermostat, manifold, fuse, transformer, relay, igniter, sensor, motor, power pack, bearings, pulleys, fan control, pressure control, pressure gauge, low water cut-off, sight glass, coupler, power pile, fluid pump, blower, and heat coil. Only natural gas/propane space heaters and hot water or steam circulating heating systems used for heating customer's entire residence are covered as central heat. NOT COVERED: All other components, including but not limited to: Solar heating systems, fireplaces, chimneys, heat lamps, fuel storage tanks, liners, registers, grills, timers, heat exchange, flues and vents, filters, improperly sized heating systems, expansion tanks, free-standing or portable heat units. All components and parts relating to geothermal, water source heat pumps, and pellet stoves.
C. Additional Air Conditioning Unit (includes Heat Pumps): (Electric only) We will cover up to $2,500. Coverage is available on residential cooling systems not exceeding a five (5) ton capacity. COVERED: condenser, refrigerant (except as otherwise noted herein), defrost heating element, standard thermostat, fuse, relay, transformer, motors, compressor, pulleys, timer, fan control, bearings, fluid pump, switches, electrodes, semi-conductors, rectifiers, and electronic circuits. NOT COVERED: All other components, including but not limited to: Gas air conditioning systems, Wi-Fi thermostats, baseboard casings, coils, line driers, portable units, registers, grills, clocks, timers, flues and vents, condenser casings, portable electric air cleaners, filters, humidifiers, service valves, driers, refrigerant line sets, refrigerant reclamation, belts, wiring, wiring harness, circuit breakers, drains, primary and secondary drain pans, drain line stoppages, roof jacks or stands, chilled water systems, unit accessories, improperly sized cooling systems, wall units not ducted when designed to be ducted by the original manufacturer.
NOTE: For cooling or heating systems over ten (10) years old and in accordance to SECTION V. "TO OBTAIN SERVICE": If the repair is over $600 or parts are not available to repair the equipment, a replacement reimbursement up to $600 will be paid to You. This reimbursement will increase by $50 for each full year Your Agreement is active up to a maximum of $1,000. A copy of Your paid receipt(s) of a new cooling or heating system will be required for reimbursement within sixty (60) days of replacement authorization.
2. APPLIANCES AND OTHER SYSTEMS: We will cover up to stated limit for each appliance or system listed below per twelve (12) month period. The stated limit includes any costs for access, diagnosis, covered parts and repair or replacement, and installation.
A. Water Heater: (Gas and Electric) We will cover up to $1,000. COVERED: tank storage water heaters, tankless water heaters, circulating pumps, gas valve, main burner, limit control, pilot burner, thermocouple, regulator, standard thermostat, manifold, relief valve, vent damper, and electrical heating element. NOT COVERED: All other components, including but not limited to: Solar water heaters, oil-fired water heaters, secondary holding or storage tanks, anode rods, noise, thermal expansion tanks, fuel storage tank, heat recovery units, heat exchange, flues, piping, insulation, and T&P discharge lines.
B. Range/Oven/Cooktop: We will cover up to $1,000. COVERED: surface gas valves, main burner, pilot burner, oven safety valves, spark modules, electric infinite switches, thermocouple, manifold transformer, relay, regulator, thermostat, igniter, fuse, sensor, power pack, surface unit controls, programmed cooking controls, heating elements, internal wiring. NOT COVERED: All other components, including but not limited to: Meat probe assemblies, rotisseries, racks, handles, knobs, sensi- temp burners, orifices, burner caps, burners, cosmetic issues such as scratches, dents, chipping or breakage to an oven door or glass/ceramic cooktop.
C. Built-In Microwave: We will cover up to $1,000. COVERED: door interlock electrical switch, touch pad/controller, diode, control board, transformer/inverter, stirrer motor, magnetron fan motor, related electrical parts. NOT COVERED: All other components, including but not limited to: Countertop units, door glass, clocks, filters, door handle, rotisseries, interior linings, or cosmetic issues such as scratches, dents, or chipping.
D. Kitchen Refrigerator – excluding icemaker: We will cover up to $1,000. COVERED: condenser, defrost heating element, thermostat, fuse, relay, transformer, motor, compressor, timer, fan control, bearings, pump motor, switches, electrodes, semi-conductors, rectifiers, valves, and electronics circuits. NOT COVERED: All other components, including but not limited to: Chilled water dispensing and respective equipment, built in coffee machines, lights, defrost drain tubes, gaskets, seals, doors, icemakers and controls, filters, door handle, food spoilage, media centers, or cosmetic issues such as scratches, dents, or chipping.
E. Icemaker (In Refrigerator or Stand Alone): We will cover up to $1,000. COVERED: mold and heater assembly, refill bearing, ice stripper, ejector, wiring harness, ejector motor, mounting module, ejector gear, lever arm, condenser, evaporator plate, compressor, thermostats, electric motors, water valves, water level switch, float assembly, water pumps, switches, electrodes and sensors, transformers, circuit boards, electronic components, timers, fuses and relays. NOT COVERED: All other components, including but not limited to: Springs, hinges, liners, baskets, racks, rollers, door handles, shelves, cube guide, cosmetic issues, drain tubes, gaskets, seals, doors, filters, spray rows, water tubing, liquid-line receiver, and water dispensers.
F. Dishwasher: We will cover up to $1,000. COVERED: heating element, pump, thermostat, thermal fuse, drain valve, motor assembly, door switch interlock, timer, float switch, inter valve, rack adjuster, control panel and related electrical parts. NOT COVERED: All other components, including but not limited to: Baskets, cabinet fragrance, filter, hard water deposits, iron deposits, rollers, racks, or cosmetic issues such as scratches, dents, or chipping.
G. Kitchen Exhaust Fan: We will cover up to $1,000. COVERED: all internal related electrical parts, including belts, fan motors, motors, switches, relays and control boards. NOT COVERED: All other components, including but not limited to: Rooftop exhaust units, filters, or cosmetic issues such as scratches, dents, or chipping.
H. Interior Electrical System: We will cover up to $1,000. COVERED: all interior AC wiring including receptacles, switches, fuses, single and two pole breakers. NOT COVERED: All other components, including but not limited to: Fixtures; attic or whole house exhaust fans; lights; door bells; intercom systems; alarm systems; central vacuum systems; audio/video/computer wiring or cable; direct current (DC) wiring and systems; exterior wiring and components; telephone wiring; inadequate wiring capacity; power failure/shortage or surge; low voltage systems (including wiring and relays); load control devices; electrical generation systems; solar electrical systems; timers; touch pad assemblies; remote controls or failure caused by circuit overload.
I. Plumbing System: We will cover up to $1,000. COVERED: all interior plumbing including angle stops, risers, waste vents, p-traps assemblies, and interior hose bibs. NOT COVERED: All other components, including but not limited to: Fixtures or stoppages, all piping and plumbing outside of the perimeter of the foundation or below the foundation of the home, bath tubs, gas lines, caulking or grouting, toilets and toilet parts, holding and pressure tanks, jet pumps, laundry tubs, lawn sprinkler systems, pressure regulating devices, conditions of excessive or insufficient water pressure, exterior hose bibs, or water supply lines to the refrigerator, sewage backup. We are not responsible for any repair work which must be executed to access interior lines or pipes.
J. Central Vacuum System: We will cover up to $1,000. COVERED: All mechanical system components and parts. NOT COVERED: All other components, including but not limited to: ductwork – hoses – blockages – accessories.
K. Doorbell System: We will cover up to $1,000. COVERED: All components and parts, except as noted as not covered. NOT COVERED: Any audio/video surveillance systems, intercom systems, or computer/monitors working in conjunction with the doorbell system.
L. Septic System: We will cover up to $1,000. COVERED: sewage ejector pump, jet pump, aerobic pump, septic tank, and line from house. NOT COVERED: All other components, including but not limited to: leach lines, field lines, lateral lines, tile fields and leach beds, insufficient capacity, clean out, pumping, sewage backup.
M. Trash Compactor: We will cover up to $1,000. COVERED: Lock, and key assemblies, controls, power supply PCB, start switch, foot lever, motor, drive screws, switches, gears, chain, and belt. NOT COVERED: All other components including but not limited to: Ram, cabinet, bucket, bags, drive screw nuts.
N. Programmable Thermostat: We will cover up to $1,000. COVERED: Electronic or programmable thermostat that works in conjunction with a COVERED heating system or air conditioning/cooler or built-in wall unit. NOT COVERED: All other thermostats that are not listed as COVERED.
O. Swimming Pool: We will cover up to $1,000. COVERED: coverage applies to above ground and accessible working components and parts of the heating, pumping and filtration system as follows: heater, pump, motor, filter timer, blower, timer, valves, limited to back flush, actuator, check, and 2 and 3-way valves, relays and switches, pool sweep motor and pump, above ground plumbing pipes and wiring. NOT COVERED: All other components, including but not limited to: portable or above ground pools/spas, control panels and electronic boards, lights, liners, filter, gaskets, maintenance, structural defects, solar equipment, jets, ornamental fountains, waterfalls and their pumping systems, pool cover and related equipment, fill line and fill valve, built-in or detachable cleaning equipment such as - but not limited to - pool sweeps and pop up heads, turbo valves, skimmers, chlorinators, and ionizers, fuel storage tanks, disposable filtration mediums, cracked or corroded casings, grids, cartridges, heat pump, salt water systems.
P. Spa: We will cover up to $1,000. COVERED: coverage applies to above ground and accessible working components and parts of the heating, pumping and filtration system as follows: heater, pump, motor, filter timer, blower, timer, valves, limited to back flush, actuator, check, and 2 and 3-way valves, relays and switches ,pool sweep motor and pump, above ground plumbing pipes and wiring. NOT COVERED: All other components, including but not limited to: portable or above ground pools/spas, control panels and electronic boards, lights, liners, filter, gaskets, maintenance, structural defects, solar equipment, jets, ornamental fountains, waterfalls and their pumping systems, pool cover and related equipment, fill line and fill valve, built-in or detachable cleaning equipment such as - but not limited to - pool sweeps and pop up heads, turbo valves, skimmers, chlorinators, and ionizers, fuel storage tanks, disposable filtration mediums, cracked or corroded casings, grids, cartridges, heat pump, salt water systems.
Q. Well Pump: We will cover up to $1,000. COVERED: all components and parts of well pump utilized for main dwelling only. NOT COVERED: All other components, including but not limited to: holding or storage tanks, digging, locating pump, pump retrieval, re-drilling of wells, well casings, pressure tanks, pressure switches and gauges, check valve, relief valve, drop pipe, piping or electrical lines leading to or connecting pressure tank and main dwelling including wiring from control box to the pump, booster pumps, well pump and well pump components for geothermal and/or water source heat pumps.
R. Clothes Washer: We will cover up to $1,000. COVERED: water level switch, water inlet valve, water temperature switch, drive basket, brakes, clutch assembly, timer, sequencer, lid switch and actuator, touch pad, control board, power supply, motor, pump coupling, drive belt, and related electrical parts. NOT COVERED: All other components, including but not limited to: removable mini-tubs or buckets, agitator, wigwag, boot seal, soap dispensers, filter screens, knobs and dials, damage to clothing, water flow restrictions due to mineral deposits, drawers, cabinet fragrances, or cosmetic issues.
S. Clothes Dryer: We will cover up to $1,000. COVERED: gas valve, main burner, pilot burner, thermocouple, manifold, transformer, relay, regulator, standard thermostat, igniter, fuse, sensor, power pack, drive belt, surface limit control, motor, bearings, pulleys, controls, timer and electrical heating element. NOT COVERED: All other components, including but not limited to: venting, knobs and dials, seals, damage to clothing, lint screens, dryer cabinet fragrance/ humidity center or cosmetic issues.
T. Garage Door Opener: We will cover up to $1,000. COVERED: all mechanical & electrical components including chain, belts, door arm, trolley, control board, motor, gear assembly and sensors. NOT COVERED: All other components, including but not limited to: cables, springs, handles, wheels, wheel track, track assembly, doors, hinges, remote transmitters, frequency interference, lights, or exterior mounted keypads.
U. Ductwork: We will cover up to $1,000. COVERED: accessible ductwork from cooling and/or heating unit to point of attachment to registers or grills; damper motors; sensors; zone control PCB. NOT COVERED: All other components, including but not limited to: Insulation; asbestos covered ductwork; registers; grills; dampers; improperly sized ductwork; diagnostic testing of, or locating leaks to ductwork, including as required by any law, regulation, ordinance or code or when required due to the installation or replacement of system equipment; ductwork outside the perimeter of the home or crawl space; collapsed or crushed ductwork; ductwork damaged by moisture or rodents/animals/insects. We will only repair unobstructed and accessible ductwork. Obstructions include, without limitation, walls, floors, ceilings, built-in appliances, systems, and cabinets.
V. Ceiling Fans: We will cover up to $1,000. COVERED: ceiling fan motors and controls (replaced with builder's standard). NOT COVERED: All other components, including but not limited to: Remote transmitter units, light fixtures on ceiling fans, removable attachments and wall fans.
W. Garbage Disposal: We will cover up to $1,000. COVERED: all mechanical and electrical components and parts. NOT COVERED: All other components, including but not limited to: Problems and/or jams caused by bones and foreign objects other than food.
X. Free-Standing Freezer): We will cover up to $1,000 per appliance or system per 12-month period. The $5,000 limit includes any costs for access, diagnosis, repair or replacement and installation. COVERED: All parts and components that affect the operation of the unit. NOT COVERED: All other components, including but not limited to: Icemakers, crushers, dispensers and related equipment; internal shell; racks; shelves; glass and/or glass displays; lights; knobs and caps; dials; doors, door handles, door hinges, door seals and gaskets; condensation pans; clogged drains and/or clogged lines; grates; food spoilage; refrigerant and/or disposal and recapture of refrigerant.
Y. Wine cooler: We will cover up to $1,000. COVERED: condenser, defrost heating element, thermostat, fuse, relay, transformer, motor, compressor, timer, fan control, bearings, pump motor, switches, electrodes, semi-conductors, rectifiers, valves and electronics circuits. NOT COVERED: All other components, including but not limited to: kitchen refrigerator, insulation, racks, shelves, lights, beverage dispensers and respective equipment, defrost drain tubes, gaskets, seals, doors, icemakers and controls, filters, door handle, food/beverage spoilage and refrigerant capture, reclaim and disposal, media centers, or cosmetic issues such as scratches, dents, or chipping.
Z. Secondary Refrigerator – excluding icemaker: We will cover up to $1,000. COVERED: condenser, defrost heating element, thermostat, fuse, relay, transformer, motor, compressor, timer, fan control, bearings, pump motor, switches, electrodes, semi-conductors, rectifiers, valves, and electronics circuits. NOT COVERED: All other components, including but not limited to: Chilled water dispensing and respective equipment, defrost drain tubes, gaskets, seals, doors, icemakers and controls, filters, door handles, food spoilage, media centers, or cosmetic issues such as scratches, dents, or chipping.
NOTE: For appliances and systems over ten (10) years old and in accordance to SECTION V. "TO OBTAIN SERVICE": If the repair is over $300 or parts are not available to repair the equipment, a replacement reimbursement up to $300 will be paid to You. This reimbursement will increase by $50 for each full year Your Agreement is active up to a maximum of $500. A copy of Your paid receipt(s) of a new appliance or system will be required for reimbursement within sixty (60) days of replacement authorization.
V. TO OBTAIN SERVICE:
1. You are required to receive prior approval from Us before service work can be performed under this Agreement. You must contact Us for authorized service as soon as possible, and within thirty (30) days of discovering the problem. We will accept service calls from 8:00 AM to 5:00 PM EST Monday through Friday at 844-296-8491, or You may file Your claim online 24 hrs. a day/7 days a week at www.4repairs.net. EMERGENCY REPAIR: In the event of an Emergency Repair outside normal business hours that involves loss of heating, cooling, plumbing or a substantial loss of electrical service or any other covered condition which renders a dwelling uninhabitable it will be considered a temporary emergency condition. You should take all reasonable steps, including, but not limited to, vacating the premises and contacting the proper authority if necessary and then notify Us of such fact through the use of the toll-free number provided to You in this Agreement or email Administrator with contact and Agreement information at urgent@fortegra.com. Appliance failure is not considered an emergency. If the determination has been made by the Administrator that the failure is covered, We will give the proper authorization to the licensed, bonded and insured service professional You selected to repair or replace covered failures and repairs.
2. Upon request for service, the authorized Service Provider will contact You to schedule a mutually convenient appointment during normal business hours. We will determine what repairs constitute an emergency and will make reasonable efforts to expedite emergency service. If You should request Us to perform non-emergency service outside of normal business hours, You will be responsible for payment of additional fees and/or overtime charges.
3. Prior to Administrator dispatching service to Your location, Administrator may request that You provide photos of Your defective or damaged appliance, system, or item(s) as You selected and paid for stated on the Schedule.
4. We have the sole and absolute right to select the Service Provider to perform the service; and We will not reimburse for services performed without prior approval.
5. You will pay up to a $100 Service Fee per claim or the actual repair cost, whichever is less. The Service Fee is payable to the Service Provider at the time of the service, including but not limited to those calls wherein coverage is included, excluded, or denied. The Service Fee also applies in the event You fail to be present at a scheduled time, or in the event You cancel a service call at the time a Service Provider is in route to Your home or at Your home. Failure to pay the Service Fee will result in suspension of this Agreement until such time as the proper Service Fee is paid. At that time, coverage may be reinstated; however, the Agreement Term will not be extended.
6. If service work performed under this Agreement should fail, then We will make the necessary repairs without an additional Service Fee for a period of thirty (30) days on parts and labor.
7. If We determine that an authorized Service Provider is not available, You may select a licensed, bonded and insured service professional of Your choice to perform the approved services under this Agreement and submit for reimbursement. You will be required to provide itemized receipts of the services provided.
VI. LIMIT OF COVERAGE LIABILITY AND CONDITIONS:
1. We will not pay more than the current market value for any appliance, system or item unless otherwise noted in SECTION IV. - COVERAGES.
2. Our obligation to pay for the repair, replacement or reimbursement of covered appliances, systems, items and services are subject to the respective limits for each component and will not exceed, in the aggregate, $10,000 per twelve (12) month period.
3. We have the sole right to determine whether a covered item needs to be repaired or replaced. If We decide to replace the covered appliance, system or item, We are responsible for the replacement of similar features, capacity and efficiency, but not for matching dimensions, brand, or color. We are not responsible for like-for-like replacement of appliances if the appliance contains any features that do not contribute to the appliance's primary function including, without limitation, TV's or Radios in Refrigerators.
4. We reserve the right to offer cash settlement in limited circumstances, including but not limited to, unavailability of parts, obsolescence, or similar circumstances when repair or replacement is not feasible. Cash settlements will be based on what We would ordinarily expect to pay for the same part or labor, which may be less than actual retail cost up to the Limit of Coverage Liability.
5. All appliances, systems, or items covered by this Agreement must be in good working condition as of the Agreement Effective Date and be reasonably clean and accessible at the time of service.
6. We reserve the right to obtain a second opinion at Our expense.
7. We reserve the right to use qualified Service Providers, select parts to be used, and to restrict certain makes of equipment used to fulfill all or any part of Our obligation under the terms of this Agreement.
8. We reserve the right to rebuild a part or component or replace it with a rebuilt part or component. The use of non-original manufacturer parts is permitted under this Agreement.
9. We are not a Service Provider and will not repair or replace any such systems or components undertaken by the assigned Service Provider.
10. In the event that there is any other collectable insurance, service agreement, warranty, or guaranty coverage available to You covering a loss also covered by this Agreement, this Agreement will pay in excess of and not contribute with other insurance, service agreement, warranty or guaranty. We will not pay for parts covered under a manufacturer's warranty.
11. This Agreement does not cover disconnection of appliance(s), nor does it cover the cost of hauling away or disposing of the covered item. This Agreement does not cover the cost of opening or closing walls, floors, or ceilings.
12. EXCLUSIONS – We are NOT responsible for: A) The performance of routine maintenance including the cleaning of coils, clearing drain lines, changing filters or adding or draining refrigerant for appliances or HVAC units; (B) Breakdowns, failures, or stoppages due to chemical or sedimentary build up or failure to clean or maintain as specified by the equipment manufacturer; (C) Missing parts or structural changes; (D) Any appliance, system, or item deemed or classified by the manufacturer as commercial or used in a commercial setting; (E) Upgrades, nor for the cost of construction, carpentry, or other modifications made necessary by existing equipment or installing different equipment; (F) The restoration of wall coverings, floor coverings, tiles, countertops, paint, cabinets, or the like, or the repair of any other cosmetic defects that does not affect the unit functionality; (G) Consequential, secondary, indirect, or direct damage, injury or illness including, but not limited to, loss of income, utility bills, additional living expenses, personal or property damage caused by delays, non-availability of parts, failure to service, labor difficulties and other conditions beyond Our control; (H) The lack of capacity, adequacy, efficiency, design or improper installation of any system, appliance, or electronic equipment; (I) Any material, parts or labor required as a result of: abuse, misuse, vandalism, freezing, fire, wind, water, lightning, ice, snow, explosion, mud, earthquake, pet damage, pest damage, acts of God, power or water fluctuations, and flooding; (J) Any material, parts or labor required for: damage caused by equipment not covered; damage to exterior surfaces; repairs covered by manufacturer's recall, warranty, or other service agreement. This Agreement does not cover accessories or non-operating or external parts such as knobs, buttons, handles, shelves, drawers, racks, inner door liners, cabinets, light bulbs, etc. nor maintenance items, such as filters; (K) Failure due to external factors such as rust, corrosion, warping, bending, animals, animal inhabitation or insect infestation; (L) Any service or repair associated with hazardous material treatment, removal, or disposal.; (M) Electronic or computerized home management systems including, but not limited to, energy, lighting, security, appliances, entertainment, comfort, or audio; (N) The diagnosis, repair, removal or remediation of mold, mildew, bio-organic growth, rot or fungus, or any damages resulting from or related to mold, mildew rot or fungus, even if caused by or related to the malfunction, repair or replacement of a covered item; (O) Any costs or fees associated with use of cranes needed to install or remove any equipment located on the roof; (P) Failures due to an inherent design flaw from the manufacturer; (Q) Sewage backup; (R) Damage to systems, appliances, or items that occurs during transport or delivery, or as a result of the home or foundation shifting, settling, or moving for any reason; (S) Improper installation; (T) Failures that occur outside of the United States of America and the District of Columbia; and (U) Service where no problem can be found; noises, squeaks; and (V) Pre-existing conditions, defects or deficiencies that occur prior to the effective date of this Agreement.
13. FEES and CHARGES: A. If the Agreement Purchase Price is not paid by the Agreement Holder when due, coverage is suspended until payment is received by the Administrator or Obligor. Service under this Agreement may be denied during the period the Agreement is suspended. Coverage will be reinstated and begin when payment is received by the Administrator or Obligor. The Agreement Term will not be extended beyond the original Agreement Expiration Date. Accounts delinquent more than ten (10) days may be cancelled as provided in the Section X – CANCELLATION OF THE AGREEMENT. B. Upon renewal, the Agreement Purchase Price and any included limits, fees or charges may be adjusted.
14. TRANSFERABILITY: This Agreement is transferable to a new owner of the existing address for a one-time $25 transfer fee. This Agreement is non-transferable to a new address and is only valid for the original Covered Property Address shown in the Schedule. You may transfer this Agreement by contacting the Seller.
15. LAWS, CODES and REGULATIONS: This Agreement does not cover correcting or upgrading any parts, system, appliance, or electronic equipment in order to comply with any federal, state or local laws, regulations, or ordinances or utility regulations, or to meet changes in efficiency requirements (including but not limited to, heating system efficiency requirements), or to meet current building or zoning codes requirements, or to correct for code violations. This includes any corrections or upgrades at the time of repair, which are required by law, regulation or ordinance. We are not responsible for service when permits cannot be obtained, nor will We pay any costs relating to permits.
DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, INCLUDING THE OPT-OUT PROVISION, CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES THAT CLAIMS (AS DEFINED BELOW) BE RESOLVED SOLELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY A JURY OR IN A CLASS ACTION.
ARBITRATION. Arbitration is a method of resolving any Claim without filing a lawsuit. In this Arbitration Agreement and Class Action Waiver (collectively including all of this section of this Agreement), You, We, and the Administrator (the "Parties") are agreeing to submit any and all Claims to binding arbitration on an individual basis for resolution. This Arbitration Agreement and Class Action Waiver sets forth the terms and conditions of Our Agreement to binding arbitration. The Parties agree that any and all claims, disputes and controversies related in any way to this Agreement, including but not limited to claims related to the underlying transaction giving rise to this Agreement, or claims related to the sale, financing or fulfillment of this Agreement (collectively, "Claims"), shall be resolved by final and binding arbitration. "Claims" shall be given the broadest meaning possible and includes, without limitation, Claims arising under this Agreement, tort, statute, regulation, rule, ordinance or other rule of law or equity, and Claims against any of Our or the Administrator's owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, agents, successors, or assigns. "Claims" does not include a statutory claim for public injunctive relief brought under any California statute enacted for a public reason, provided that You are a California resident or that You purchased Your Agreement in California. In arbitration, Claims are resolved by an arbitrator and not by a judge or jury. THE PARTIES, INCLUDING YOU, WAIVE ANY RIGHT TO HAVE CLAIMS DECIDED BY A JUDGE OR JURY. In addition, except as expressly stated in the Class Action Waiver or otherwise expressly stated herein, the arbitrator shall have exclusive authority to decide all issues related to the enforcement, applicability, scope, validity, and interpretation of this Arbitration Agreement, including but not limited to any unconscionability challenge or any other challenge that the Arbitration Agreement is void, voidable or otherwise invalid. Notwithstanding this Agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim, on an individual basis, within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under or related to this Agreement.
The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce. The Parties further agree that all issues relating to this Arbitration Agreement and Class Action Waiver, including its enforcement, scope, validity, interpretation, and implementation, will be determined pursuant to federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act ("Act"), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to this Arbitration Agreement and Class Action Waiver, then the law of the state where You purchased the Agreement shall apply, without regards to conflicts of law.
The arbitration shall be administered by the American Arbitration Association ("AAA"). The arbitration shall be conducted pursuant to the AAA Consumer Arbitration Rules (the "Code"). Information on AAA and a copy of the Code may be found at the following URL: American Arbitration Association, www.adr.org. The arbitration will be governed by federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act ("Act"), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to the arbitration, then the law of the state where You purchased the Agreement shall apply, without regards to conflicts of law. The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. If Your total damage claims (not including attorney's fees) do not exceed $25,000, then all Claims shall be resolved by the Code's Procedures for the Resolution of Disputes through Document Submission, except that a Party may ask for a hearing or the arbitrator may decide that a hearing is necessary. If a hearing is held, You have a right to attend the arbitration hearing in person, and You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. In the event that the specified arbitration forum is unavailable, the Parties may agree on a substitute arbitration forum. If the Parties cannot agree, a court of competent jurisdiction may appoint a substitute arbitration forum. For information about how to initiate arbitration with the AAA, the Parties may refer to the AAA Code and forms at www.adr.org . If You initiate arbitration with AAA, You must pay the AAA filing fee in an amount no greater than the fee You would have to pay if You filed a complaint in federal court. We will pay any remaining Costs of arbitration required by the Code ("Arbitration Costs"); however, if the arbitrator determines that any of Your claims are frivolous, You shall bear all of the Arbitration Costs. If We initiate arbitration against You, We will pay the AAA filing fee and the Arbitration Costs. Each party will pay his/her/its own attorney's fees, as well as costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the Code gives a party the right to recover any of those fees from the other party. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration.
If any portion of this Arbitration Agreement is deemed invalid or unenforceable, all the remaining portions of this Arbitration Agreement shall nevertheless remain valid and enforceable, provided, however, that if any portion of the Class Action Waiver is deemed invalid or unenforceable, then this Arbitration Agreement shall be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Agreement and Class Action Waiver and the other provisions of this Agreement or any other Agreement, this Arbitration Agreement and Class Action Waiver governs.
CLASS ACTION WAIVER. All Claims must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, representative action, mass action, private attorney general action or action on behalf of the general public, or similar proceeding (any such action is referred to herein as a "Class Action"). NO CLAIM WILL BE ARBITRATED ON A CLASS ACTION BASIS. The Parties, including You, expressly waive any right or ability to bring, assert, maintain, or participate as a class member in any Class Action in court, arbitration, or any other forum, and the right for anyone to do so on Your behalf. The arbitrator may not consolidate more than one person or entity's claims, and may not otherwise preside over any Class Action. The arbitrator shall not have the authority to combine or aggregate multiple persons' or entities' Claims or discovery, to conduct a Class Action or to make an award to any person or entity not a party to the arbitration. Notwithstanding anything to the contrary, the Parties agree that the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver shall be decided by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is ruled unenforceable or is interpreted to not prevent a Class Action, then the Arbitration Agreement shall be null and void, and any Claims shall proceed in a court of law and not in arbitration. The Parties agree that if an arbitrator renders a decision regarding the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver, or determines that a Class Action may proceed in arbitration, then: (1) the arbitrator has exceeded his powers, pursuant to §10(a)(4) of the FAA, by taking such action; (2) either party may seek immediate review of that decision by a court of competent jurisdiction; and (3) a court of competent jurisdiction shall apply a "de novo" standard of review of that decision if such standard of review is allowed by the common law or statutes of that state. The Parties, including You, agree that if for any reason a Claim proceeds to Court, rather than arbitration, (1) the Claim will proceed solely on an individual, non-class, non-representative basis, and (2) no Party may be a class representative or class member or otherwise participate in any Class Action.
OPT-OUT PROVISION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS AGREEMENT (THE DATE OF PURCHASE BEING INDICATED ON YOUR AGREEMENT).
To opt out, You must send written notice to either: (1) 10751 Deerwood Park Blvd., Suite 200, Jacksonville, FL 32256, Attn: Legal or (2) legal@fortegra.com, with the subject line, "Arbitration/Class Action Waiver Opt Out." You must include in Your opt out notice: (a) Your name and address; (b) the date You purchased Your Agreement; and (c) the Seller. If You properly and timely opt out, then all Claims will be resolved in court rather than arbitration.
X. CANCELLATION OF THE AGREEMENT:
1. You may cancel this Agreement at any time by contacting the Seller. a. For monthly term Agreements, cancellation becomes effective at the end of the current month of coverage and no refund is provided. b. For annual term Agreements, a pro-rata refund will be issued for the unexpired term less any claims paid.
2. In addition, if cancellation is within the first year of being an active customer and if any service has been performed, You may be charged the lesser of a $75 cancellation fee or the cost of the service provided.
3. In the event of cancellation within the first thirty (30) days of the Agreement Purchase Date, You will be refunded the full Agreement Purchase Price, less any claims paid.
4. We reserve the right to cancel this Agreement in the event of customer fraud, material misrepresentation, or failure to pay, cancellation may be immediate. In the event of cancellation for customer fraud or material misrepresentation, We may demand immediate payment of the cost of all services provided to You, less any payments made, and no refund will be issued. The notice of cancellation will include the reason and the effective date of cancellation.
5. Once this Agreement is cancelled, You will be subject to a thirty (30) day waiting period if You wish to purchase another Agreement.
IF THIS AGREEMENT WAS FINANCED (PURCHASED ON A PAYMENT PLAN) BY A FUNDING PARTY, THE FUNDING PARTY SHALL BE ENTITLED TO ANY REFUND(S) RESULTING FROM CANCELLATION OF THIS AGREEMENT FOR ANY REASON, INCLUDING TERMINATION OF THE AGREEMENT FOR NON-PAYMENT BY YOU OR BY SOMEONE AUTHORIZED BY YOU TO PAY THE FUNDING PARTY.
PRIVACY POLICY: It is Our policy to respect the privacy of Our customers. For information on Our privacy practices, please review Our privacy policy at www.fortegra.com.
LIMITED APPLICABILITY OF THE FEDERAL MAGNUSON MOSS WARRANTY ACT:
You agree and acknowledge that You have paid an additional fee for this Agreement that is separate and apart from the purchase price You paid for the covered item. Because of that separately stated consideration, You agree and acknowledge that this Agreement is not part of the basis of the bargain for Your purchase of the covered item. You further agree and acknowledge that We, the Administrator/Obligor under this Agreement, are not the supplier of the covered item. Consequently, this Agreement is not a "written warranty" under the federal Magnuson Moss Warranty Act. As a result, this Agreement is not subject to the provisions of the Magnuson Moss Warranty Act that apply only to a "written warranty".
LIMITATION OF LIABILITY: THIS AGREEMENT SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES. NEITHER THE OBLIGOR NOR THE ADMINISTRATOR SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, LOSS OF USE OF THE COVERED PRODUCT, INCONVENIENCE, OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACT OR OMISSION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE OBLIGOR NOR THE ADMINISTRATOR AUTHORIZE ANY PERSON, ENTITY OR SELLER TO CREATE FOR THEM ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THIS AGREEMENT.
INSURANCE: 4WARRANTY'S CORPORATION'S OBLIGATIONS TO PERFORM UNDER THIS AGREEMENT ARE INSURED BY LYNDON SOUTHERN INSURANCE COMPANY, 10751 DEERWOOD PARK BLVD., SUITE 200, JACKSONVILLE, FL 32256 (800) 888-2738, EXCEPT IN GEORGIA, NEW YORK, WASHINGTON, AND WISCONSIN.
GEORGIA - THE OBLIGOR IS INSURED BY INSURANCE COMPANY OF THE SOUTH, 10751 DEERWOOD PARK BLVD., SUITE 200, JACKSONVILLE, FL 32256 (800) 888-2738.
NEW YORK AND WISCONSIN - THE OBLIGOR IS INSURED BY BLUE RIDGE INDEMNITY COMPANY, 10751 DEERWOOD PARK BLVD., SUITE 200, JACKSONVILLE, FL 32256 (800) 888-2738.
IF THE OBLIGOR FAILS TO PAY AN AUTHORIZED CLAIM WITHIN SIXTY (60) DAYS, OR IF THE OBLIGOR BECOMES INSOLVENT OR CEASES TO CONDUCT BUSINESS DURING THE TERM OF THIS AGREEMENT, YOU MAY SUBMIT YOUR CLAIM DIRECTLY TO THE APPLICABLE INSURER AT THE ABOVE ADDRESS FOR CONSIDERATION.
FINANCIAL GUARANTEE:
IN WASHINGTON, OBLIGATIONS UNDER THIS AGREEMENT ARE BACKED BY THE FULL FAITH AND CREDIT OF THE SERVICE AGREEMENT PROVIDER, 4WARRANTY CORPORATION. IF ANY PROMISE MADE IN THE AGREEMENT HAS BEEN DENIED OR HAS NOT BEEN HONORED YOU MAY CONTACT FORTEGRA FINANCIAL CORPORATION AT (800) 888-2738.
STATE REQUIREMENTS AND DISCLOSURES:
THIS AGREEMENT IS AMENDED TO COMPLY WITH THE FOLLOWING REQUIREMENTS AND DISCLOSURES:
Alabama: CANCELLATION section is amended as follows: If the Agreement provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company. If We elect to cancel the Agreement, We shall mail You a written notice with the effective date of cancellation and the reason to the last known address contained in Our records, five (5) days prior to cancellation effective date by Us. The notice shall state the effective date of the cancellation and the reason for the cancellation. Prior notice is not required if the reason for cancellation is 1) nonpayment of the Agreement fee; 2) a material misrepresentation by the Agreement Holder relating to the covered purchased item(s) or its use; or 3) a substantial breach of duties by the Agreement Holder relating to the covered product or its use. If We elect to cancel this Agreement, a ten percent (10%) penalty per month will be applied to Us for refunds not paid or credited within forty-five (45) days of receipt of returned Service Agreement.
Alaska: DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is deleted in its entirety and replaced with the following: If You and the Obligor fail to agree on the amount of a covered first party loss, either may make written demand upon the other to submit the dispute for appraisal. Within ten (10) days of the written demand, each party must notify the other of the appraiser each has selected. The two appraisers will promptly choose a competent and impartial umpire. Not later than fifteen (15) days after the umpire has been chosen, unless the time period is extended by the umpire, each appraiser will separately state, in writing, the amount of the loss. If the appraisers submit a written report of agreement on the amount of the loss, the agreed amount will be binding. If the appraisers fail to agree, the appraisers will promptly submit their differences to the umpire. A decision agreed to by one of the appraisers and the umpire will be binding. All expenses and fees, not including counsel or adjuster fees, incurred because of the appraisal shall be paid, as determined by the umpire. Except as specifically provided, nothing in this section is intended to or shall in any manner limit or restrict Your rights or the rights of the Obligor.
Arizona: CANCELLATION section is amended as follows: If We or You elect to cancel this Agreement prior to its expiration date, We shall provide You with a pro-rata refund after deducting any claims paid, and administrative expenses. The administrative fee may not exceed seventy-five ($75) dollars or ten percent (10%) of the Agreement fee, whichever is less. The administrative fee or expense may not exceed the amount of the refund due to the Agreement Holder. No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. The provider fee is the purchase price for which You paid for this Agreement. Exclusions listed in the Agreement apply once the Covered Product is owned by You. If You purchased an Agreement that includes a waiting period, the Agreement's coverage term will be extended equivalent to the term of the waiting period. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is amended as follows: Nothing in this section prevents, limits, or waives Your rights to file a complaint against Us or seek remedy available thereto, with the Arizona Department of Insurance and Financial Institutions, Consumer Protection Division, 100 N. 15th Ave., Suite 261, Phoenix, AZ 85007, (602) 364-3100.
Arkansas: CANCELLATION section is amended as follows: If the Agreement Holder elects to cancel this Agreement within ten (10) days of receiving the Agreement, or within twenty (20) days of receiving the Agreement through mail service, and no claims were made, the full purchase price of the Agreement shall be refunded to the Agreement Holder. If We cancel this Agreement, We shall mail You a written notice with the effective date of cancellation and the reason to the last known address contained in Our records within fifteen (15) days of the date of termination. If We cancel, We will provide a pro rata refund of the unearned portion of the Agreement fee less the amount or value of any claims paid shall accompany the notice unless cancellation is for nonpayment. A ten percent (10%) penalty per month shall be added to a refund that is not paid within forty-five (45) days of return of the service contract to the provider. If We cancel this Agreement, prior notice is not required if the reason for cancellation is 1) nonpayment of the Agreement fee; 2) a material misrepresentation by the Agreement Holder; or 3) a substantial breach of duties by the Agreement Holder relating to the covered product or its use. INSURANCE section is amended as follows: Obligations of the provider under this Agreement are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is amended as follows: Arbitration is non-binding and voluntary.
Colorado: INSURANCE section is amended as follows: Obligations of the provider under this are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company.
Connecticut: If You purchased this Agreement in Connecticut, You may pursue arbitration to settle disputes between You and the provider of this Agreement. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, Connecticut 06142-0816, Attention:
Consumer Affairs. The written complaint must describe the dispute, identify the price of the Product and cost of repair, and include a copy of this Agreement. CANCELLATION section is amended as follows: You may cancel this Agreement if You return the Product or the Product is sold, lost, stolen, or destroyed. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is amended to include the following: Under Regulations of Connecticut State Agencies 42-260-3, We are required to make reasonable efforts with You to resolve disputes regarding this Agreement. If You and Us cannot reach an agreement, You may file a written complaint with the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142- 0816, Attention: Consumer Affairs.
District of Columbia: CANCELLATION section is amended as follows: This Agreement may be cancelled by Us only for non-payment of the provider fee, material misrepresentation, or fraud. If We cancel this Agreement, We will provide written notice of cancellation, including the effective date of the cancellation and the reason for the cancellation, to the last known mailing address at least five (5) days prior to the effective date of the cancellation. If We cancel this Agreement, We shall refund You one hundred percent (100%) of the unearned pro rata purchase price, less any claims paid. An administrative fee not to exceed ten percent (10%) of the provider fee, paid by the Agreement Holder may be charged.
Florida: This Agreement is between the provider, Lyndon Southern Insurance Company (License No. 03698) and You, the purchaser. The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation. CANCELLATION section is amended as follows: If You cancel this Agreement, return of provider fee shall be based upon ninety percent (90%) of the unearned pro-rata provider fee less any claims that have been paid or less the cost of repairs made on Your behalf. If this Agreement is cancelled by the provider or Administrator, return of provider fee shall be based upon one hundred percent (100%) of the unearned pro-rata provider fee less any claims that have been made or less the cost of repairs made on Your behalf. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section is amended to add the following: Arbitration proceedings shall be conducted in the county in which the consumer resides.
Georgia: Coverage is effective upon the expiration of the shortest portion of the manufacturer's warranty. CANCELLATION section is amended as follows: If You cancel the Agreement within thirty (30) days of the Agreement Purchase Date, We will refund You one hundred percent (100%) of the Agreement Purchase Price, less any claims paid. After thirty (30) days, We shall refund You one hundred percent (100%) of the unearned pro rata purchase price, less any claims paid, and less a cancellation fee not to exceed ten percent (10%) of the unearned pro rata purchase price. If You cancel this Agreement within thirty (30) days of the Agreement Purchase Date, a ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after the return of the Agreement to Us. We may cancel this Agreement for non-payment of the Agreement Purchase Price, material misrepresentation, or fraud. The notice of such cancellation shall be in writing and shall be sent no less than thirty (30) days before the effective date of such cancellation. The notice shall state the reason for, and effective date of, the cancellation. If We cancel this Agreement, We shall refund You one hundred percent (100%) of the unearned pro rata purchase price, less any claims paid, and less a cancellation fee not to exceed ten percent (10%) of the unearned pro rata purchase price. Nothing contained in the arbitration provision shall affect Your right to file a direct claim against Insurance Company of the South. EXCLUSIONS section of this Agreement, exclusion (V) is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Agreement and/or any sold "AS-IS" including but not limited to floor models, demonstration models, etc. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is deleted in its entirety.
Hawaii: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month will be applied to refunds not paid or credited within forty-five (45) days of receipt of returned Agreement.
Iowa: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month will be applied to refunds not paid or credited within thirty (30) days of receipt of returned Agreement.
Idaho: INSURANCE section is amended as follows: Obligations of the provider under this Agreement are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company.
Illinois: CANCELLATION section is amended as follows: If You cancel within the first thirty (30) days of the Agreement Effective Date, and no service request has been made, You are entitled to a full refund of the cost of this Agreement less a cancellation fee of the lesser of fifty dollars ($50) or ten percent (10%) of the Agreement fee. If Obligor cancels this Agreement or if You cancel this Agreement after the first thirty (30) days of the Agreement Effective Date, then You shall be entitled to a pro rata refund of the paid Agreement fee for the unexpired term, less an Administrator fee of the lesser or $50 or 10% of the Agreement fee, and any actual service costs incurred by Obligor.
Indiana: INSURANCE section is amended as follows: Obligations of the Obligor under this Agreement are guaranteed under a service contract reimbursement insurance policy. If the Obligor fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company.
Iowa: CANCELLATION section is amended as follows: If You cancel within twenty (20) days after delivery of the service Agreement, and no claim has been made, the full purchase price of the Agreement will be refunded to You. If You elect to cancel after twenty (20) days of delivery of the service Agreement, You will receive a refund of the unearned purchase price calculated on a pro-rata basis, less any claims paid. A ten percent (10%) penalty per month will be applied to refunds not paid or credited within thirty (30) days of receipt of returned Service Agreement. EMERGENCY SERVICE section is amended to add the following: Repairs should commence within 48 hours after the report of the claim due to loss plumbing, heating, cooling or substantial loss of electrical services. If We determine that repairs cannot practicably be completed within 3 calendar days after the report of the claim, then We will provide a status report to the holder. A status report to the holder no later than 3 calendar days after the report of the claim that will include:
1. A list of the required repairs or services
2. The primary reason causing the required repairs or services to extend beyond the 3-day period, including the status of any parts required for the repairs or services
3. The current estimated time to complete the repairs or services
4. Contact information for the Agreement Holder to make additional inquiries concerning any aspect of the claim and a commitment by you to respond to such inquiries not later than 1 business day after such an inquiry is made.
Kentucky: INSURANCE section is amended as follows: You are entitled to make a direct claim against the insurer if We fail to pay any covered claim within sixty (60) days after the claim has been filed. The insurer is: LYNDON SOUTHERN INSURANCE COMPANY, 10751 DEERWOOD PARK BLVD., SUITE 200, JACKSONVILLE, FL 32256.
Louisiana: CANCELLATION section is amended as follows: If We elect to cancel the Agreement, We shall mail a written notice to the Agreement Holder at the last known address contained in Our records, fifteen days prior to cancellation effective date by Us. Prior notice is not required if the reason for cancellation is 1) nonpayment of the Agreement fee; 2) a material misrepresentation by the Agreement Holder; or 3) a substantial breach of duties by the Agreement Holder relating to the covered product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is amended as follows: Arbitration is voluntary and non-binding.
Maine: CANCELLATION section is amended as follows: The provider of the Agreement shall mail a written notice to the Service Agreement Holder at the last known address of the Service Agreement Holder contained in the records of the Obligor or Administrator at least fifteen (15) days prior to cancellation by the provider. The notice must state the effective date of the cancellation and the reason for the cancellation. If an Agreement is cancelled by the Obligor for a reason other than nonpayment of the provider fee, the provider shall refund to the Service Agreement Holder one hundred percent (100%) of the unearned pro-rata provider fee, less any claims paid. An administrative fee not to exceed ten percent (10%) of the provider fee paid by the Service Agreement Holder may be charged by the Obligor. A monthly penalty equal to ten percent (10%) of the outstanding refund will be applied to a refund that is not paid or credited within forty-five (45) days after the return of the Agreement to the Obligor. INSURANCE section is amended as follows: If the Obligor fails to pay or provide service on a claim, including any claim for the return of the unearned portion of the provider fee, within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company.
Maryland: CANCELLATION section is amended as follows: The Agreement may be canceled by You either 1) Within twenty (20) days after receipt of the Agreement delivered by mail; or 2) Within twenty (20) days after the date of delivery of Agreement if delivered to You at the time of sale. We will refund one hundred percent (100%) of the purchase price of the Agreement, if You elect to cancel this Agreement and no claim has been made within twenty (20) days after the receipt of the Agreement. We will be subject to a ten percent (10%) penalty per month for refunds not paid or credited within forty-five (45) days of receipt of returned Agreement. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is deleted in its entirety.
Massachusetts: CANCELLATION section is amended as follows: We shall mail a written notice to You, including the effective date of the cancellation and the reason for the cancellation at Your last known address contained in Our records at least five (5) days prior to cancellation by the Obligor unless the reason for cancellation is nonpayment of the provider fee, material misrepresentation or a substantial breach of duties by the Agreement Holder relating to the Covered Product or its use. A ten percent (10%) penalty per month will be applied to refunds not paid or credited within forty-five (45) days of receipt of the returned Agreement.
Michigan: If performance under this Agreement is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.
Minnesota: CANCELLATION section is amended as follows: If We cancel this Agreement, We will provide written notice of cancellation, including the effective date of the cancellation and the reason for the cancellation, to Your last known mailing address at least fifteen (15) days prior to the effective date of the cancellation. We may cancel this Agreement with five (5) days' notice if the reason for cancellation is 1) nonpayment of the provider fee; 2) a material misrepresentation by You to Us; or 3) a substantial breach of duties by You relating to the covered product or its use. We will be subject to a ten percent (10%) penalty per month for refunds not paid or credited within forty-five (45) days of receipt of returned Agreement.
Mississippi: IMPORTANT NOTICE ABOUT YOUR COVERAGE:
1.) This Agreement includes a binding DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER agreement. 2.) The DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION agreement requires that any dispute related to Your coverage must be resolved by arbitration and not in a court of law. 3.) The results of the arbitration are final and binding on You and Us. 4.) In an arbitration, one or more arbitrators, who are independent, neutral decision makers, render a decision after hearing the positions of the parties. 5.) When You become an Service Agreement Holder under this Agreement You must resolve any dispute related to the Agreement by binding arbitration instead of a trial in court, including a trial by jury. 6.) Binding arbitration generally takes the place of resolving disputes by a judge and jury. 7.) Should You need additional information regarding the binding arbitration provision in the Agreement, You may contact Our toll-free assistance line at (800) 867-2216. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month will be applied to refunds not paid or credited within forty-five (45) days of receipt of returned Service Agreement.
Missouri: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month will be applied to refunds not paid or credited within forty-five (45) days of receipt of returned Agreement. INSURANCE section is amended as follows: Our obligations under this Agreement are guaranteed under a service contract reimbursement insurance policy. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company.
Montana: CANCELLATION section is amended as follows: If We cancel this Agreement, We will provide five (5) days' written notice of cancellation, including the effective date of the cancellation and the reason for the cancellation, to the last known mailing address We have on record for You. We may cancel this Agreement without notice if the reason for cancellation is 1) nonpayment of the provider fee; 2) a material misrepresentation by You to Us; or 3) a substantial breach of duties by You relating to the covered product or its use. INSURANCE section is amended as follows: Our obligations under this Agreement are guaranteed under a service contract reimbursement insurance policy.
Nebraska: DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is deleted in its entirety and replaced with the following: Any claim or dispute in any way related to this Agreement, by a person covered under this Agreement against Us or Us against a person covered under this Agreement, may be resolved by arbitration only upon mutual consent of the parties. Arbitration pursuant to this section shall be subject to the following:
1) No arbitrator shall have the authority to award punitive damages or attorney's fees; 2) Neither party shall be entitled to arbitrate any claims or disputes in a representative capacity or as a member of a class; and 3) No arbitrator shall have the authority, without the mutual consent of the parties, to consolidate claims or disputes in arbitration.
Nevada: The cost of claims paid, or services provided will not, under any circumstances, be deducted from any refund issued pursuant to this Agreement. If You are not satisfied with the manner in which We are handling a claim under this Agreement, You may contact the Nevada Division of Insurance toll free at 888-872-3234. This Agreement will not cover any unauthorized or non-manufacturer-recommended modifications to the Covered Product, or any damages arising from such unauthorized or non- manufacturer-recommended modifications. However, if the Covered Product is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer-recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreement. This Agreement is void and We will refund to You the Agreement Purchase Price if no claim has been made and You return the Agreement twenty (20) days after We mail You the Agreement or within ten (10) days if We provide You with a copy of the Agreement when it was purchased. CANCELLATION section is amended as follows: We may not cancel this Agreement except for fraud, material misrepresentation by the holder in obtaining this Agreement, or in presenting a claim for service thereunder, non-payment by You or other breach of this Agreement by You, or if required to do so by a regulatory authority, or for other reason with required notice. No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. If We cancel this Agreement, We will not impose any cancellation fee. We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If We cancel this Agreement, a refund will be issued to You, using a pro-rata method. Upon cancellation, only that portion of the refund still owed to the Lender may be withheld. All other refund amounts will be returned to You. A ten percent (10%) penalty per month will be applied to refunds not paid or credited within forty-five (45) days of receipt of returned Agreement. We may impose a reasonable cancellation fee not to exceed twenty-five dollars ($25). DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is deleted in its entirety.
Nevada: *If the Agreement has a waiting period, the waiting-list text on page 1 must be BOLDED, UNDERLINED & CAPITALIZED. EMERGENCY SERVICE section is amended to add the following: Repairs should commence within 24 hours after the report of the claim due to loss plumbing, heating, cooling or substantial loss of electrical services. If We determine that repairs cannot practicably be completed within 3 calendar days after the report of the claim, then We will provide a status report to the holder. A status report to the holder no later than 3 calendar days after the report of the claim that will include:
1. A list of the required repairs or services
2. The primary reason causing the required repairs or services to extend beyond the 3-day period, including the status of any parts required for the repairs or services
3. The current estimated time to complete the repairs or services
4. Contact information for the Agreement Holder to make additional inquiries concerning any aspect of the claim and a commitment by You to respond to such inquiries not later than 1 business day after such an inquiry is made.
New Hampshire: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, NH 03301, (603) 271-2261. CANCELLATION section is amended as follows: No Obligor, designee or any other representative of the Obligor, shall in connection with any benefits, advantages, conditions, terms or services available in connection with this Agreement fail to refund the unearned contract fees with a duration of twelve (12) months or more. The administrative fee for cancellation is ten percent (10%) of the contract price or seventy-five ($75) dollars, (whichever is less) for a contract of any duration and the cost of claims paid will not be deducted from Your refund. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is subject to N.H. Rev. Stat. 542.
New Jersey: CANCELLATION section is amended as follows: If We cancel this Agreement, We will provide five (5) days' written notice of cancellation, including the effective date of the cancellation and the reason for the cancellation, to Your last known mailing address We have on record. We may cancel this Agreement without notice if the reason for cancellation is 1) nonpayment of the provider fee; 2) a material misrepresentation or omission by You to Us; or 3) a substantial breach of duties by You holder relating to the covered product or its use. A ten percent (10%) penalty per month will be applied to refunds not paid or credited within forty-five (45) days of receipt of returned Agreement. Insurance section is amended as follows: Our obligations under this Agreement are guaranteed under a service contract reimbursement insurance policy.
New Mexico: CANCELLATION section is amended as follows: We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Agreement has been in force for a period of seventy (70) days, We may not cancel it before the expiration of the Agreement term or one (1) year, whichever occurs first, unless: 1) You fail to pay any amount due; 2) You are convicted of a crime which results in an increase in the service required under the Agreement; 3) You engage in fraud or material misrepresentation in obtaining this Agreement; or 4) You commit any act, omission, or violation of any terms of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. A ten percent (10%) penalty per month will be applied to refunds not paid or credited within sixty (60) days of receipt of a returned Agreement.
New York: CANCELLATION section is amended as follows: If We cancel this Agreement, We will provide fifteen (15) days' written notice of cancellation, including the effective date of the cancellation and the reason for the cancellation, to the last known mailing address We have on record. We may cancel this Agreement without notice if the reason for cancellation is 1) nonpayment of the provider fee; 2) a material misrepresentation by You to Us; or 3) a substantial breach of duties by You relating to the covered product or its use. We will refund one hundred percent (100%) of the purchase price of the Agreement, if You elect to cancel this Agreement and no claim has been made within twenty (20) days after the receipt of the Agreement. We will be subject to a ten percent (10%) penalty per month for refunds not paid or credited within thirty (30) days of receipt of returned Agreement. INSURANCE section is amended as follows: Obligations of the provider under this Agreement are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company.
North Carolina: CANCELLATION section is amended as follows: We may not cancel this Agreement except for non-payment by You or for violation of any of the terms and conditions of this Agreement. You may cancel this Agreement any time after the date of purchase and receive a pro rata refund, less any claims paid on the Agreement and a reasonable administrative fee not to exceed ten percent (10%) of the amount of the pro rata refund.
Ohio: INSURANCE section is amended as follows: Our obligations under this Agreement are guaranteed under a service contract reimbursement insurance policy. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company.
Oklahoma: This Agreement is not a contract of insurance. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. CANCELLATION section is amended as follows: In the event You cancel this Agreement, return of premium shall be based upon ninety percent (90%) of the unearned pro rata contract cost, less any claims that have been paid or less the cost of repairs made on Your behalf. In the event We cancel this Agreement, return of provider fee shall be based upon one hundred percent (100%) of unearned pro rata provider fee less any claims that have been paid or less the cost of repairs made on Your behalf. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is amended as follows: While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a district court of Oklahoma.
Oregon: Upon failure of the Obligor to perform under the Agreement, the insurer shall pay on behalf of the Obligor any sums the Obligor is legally obligated to pay and any service that the Obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least thirty (30) days prior to the date of termination. CANCELLATION section is amended as follows: You, the Service Agreement Holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your Agreement is returned to the provider. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is deleted in its entirety. Arbitration agreement is not applicable for Oregon. Any arbitration must be by mutual agreement and conducted under local rules as required under ORS Chapter 36.
South Carolina: If You purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number 803-737-6180. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month will be applied to refunds not paid or credited within forty-five (45) days of receipt of return of this Agreement. If You purchased an automatic renewal Agreement, a renewal notice will be sent no less than thirty (30) days, not to exceed sixty (60) days before the cancellation deadline to You. This Agreement shall not be revised or modified without Your written consent.
Texas: If You purchased this Agreement in Texas, unresolved complaints or questions concerning the regulations of service contracts may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-2906 or (800) 803-9202. Administrator: LOTSolutions, Inc., 10751 Deerwood Park Blvd, Suite 200, Jacksonville, FL 32256 (800-867-2216) Lic # 290. CANCELLATION section is amended as follows: This Agreement authorizes You to cancel this Agreement at any time. If You elect to cancel this Agreement before the thirty-first (31st) day after the date of purchase, We shall refund to You the full Agreement Purchase price, less any claims paid, and We shall not impose any cancellation fees. If You cancel the Agreement on or after the thirty-first (31st) day after the date of purchase, We shall refund You the pro-rated Agreement Purchase Price, which would reflect the remaining term of the Agreement. We may impose a reasonable cancellation fee not exceeding fifty dollars ($50).
Utah: This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim.
EMERGENCY SERVICE: If You are unable to reach Administrator and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Your original repair bill, including proof of payment, along with the technician's report and a copy of the Agreement to Administrator for reimbursement. All coverage and exclusions in this Agreement will apply.
CANCELLATION section is amended as follows: We can cancel this Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation, except that We can also cancel this Agreement during such time period for non-payment of provider fee by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for non- payment of provider fee and thirty (30) days prior to the cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless the We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement or (c) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Agreement number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION, ARBITRATION SUBSECTION IS AMENDED AS FOLLOWS: ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY BE SUBJECT TO DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF (THE AMERICAN ARBITRATION ASSOCIATION OR OTHER RECOGNIZED ARBITRATOR), A COPY OF WHICH IS AVAILABLE ON REQUEST FROM THE COMPANY. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY'S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION. IF THE OBLIGOR FAILS TO PAY ANY CLAIM WITHIN SIXTY (60) DAYS, OR IF THE OBLIGOR BECOMES INSOLVENT OR CEASES TO CONDUCT BUSINESS DURING THE TERM OF THIS AGREEMENT, YOU MAY SUBMIT YOUR CLAIM DIRECTLY TO THE APPLICABLE INSURER AT THE ABOVE ADDRESS FOR CONSIDERATION. PAYMENT OF THIS CONTRACT IS PAID WITH CASH, CHECK OR CREDIT CARD BY THE CONTRACT HOLDER, DEPENDING ON THE AGREEMENT OR PLAN SELECTED AND THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF THE AGREEMENT IS MONTH-TO-MONTH, PAYMENT SHALL BE IN THE FORM OF CREDIT CARD OR DEBIT CARD.
Vermont: CANCELLATION section is amended to include: You are authorized to return this Agreement within twenty (20) days of receipt of this Agreement, if no claim has been made under the Agreement, We will refund You the full purchase price of the Agreement Purchase Price.
Washington: EMERGENCY SERVICE: If You are unable to reach Administrator and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Your original repair bill along with the technician's report and a copy of the Agreement to Administrator for reimbursement. All coverage and exclusions in this agreement will apply. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month will be applied to refunds not paid or credited within thirty (30) days of receipt of returned Service Agreement. We may not cancel this Agreement without providing You with written notice at least twenty-one (21) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. You are not required to wait sixty (60) days before filing a claim directly with the insurer. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is amended to add the following: The Insurance Commissioner of Washington is the Service Provider's attorney to receive service of process in any action, suit or proceeding in any court, and the state of Washington has jurisdiction of any civil action in connection with this Agreement. Arbitration proceedings shall be held at a location in closest proximity to the Agreement Holder's permanent residence. You may file a direct claim with the Service Provider at any time.
West Virginia: DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section, ARBITRATION subsection is amended to include the following: If both parties agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a third arbitrator. If they cannot agree upon the selection of a third arbitrator within thirty (30) days, both parties must request that selection of a third arbitrator be made by a judge of a court having jurisdiction. Local rules of law as to procedure and evidence will apply. Payment of the arbitrator's fee shall be made by Us if coverage is found to exist. If coverage is not found, each party will: (a) pay its chosen arbitrator; and (b) bear the other expenses of the arbitrator equally.
Wisconsin: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. CANCELLATION section is amended as follows: This Agreement may be cancelled by Us only for non-payment of the provider fee, material misrepresentation by You to Us or the Administrator, or substantial breach of duties by You relating to the Covered Product or it use. If We cancel this Agreement, We will provide written notice of cancellation, including the effective date of the cancellation and the actual reason for the cancellation, to Your last known mailing address at least five (5) days prior to the effective date of the cancellation. If We cancel this Agreement, We or the Seller will refund You one hundred percent (100%) of the Agreement Purchase Price, less any claims paid on Your Agreement. We may charge a reasonable administrative fee for cancellation, which may not exceed ten percent (10%) of the provider fee. If You cancel within thirty (30) days of receipt of Your Agreement, we shall issue You a full refund or credit to Your account for the full purchase price of this Agreement, if no claim has been made. If You cancel after thirty (30) days of receipt of Your Agreement, We shall issue You a refund for one-hundred percent (100%) of the unearned pro-rata provider fee, less any claims paid. You must first return to the Seller or to the Obligor should the Seller not be available. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. A ten percent (10%) penalty per month will be applied to refunds not paid or credited within forty-five (45) days of receipt of returned Agreement. In the event of a total loss of property that is not covered, You shall be entitled to cancel the Agreement and receive a pro rata refund of any unearned provider fee, less any claims paid (No cancellation fee will be assessed in this situation). INSURANCE section is amended to add the following: If Administrator fails to provide, or reimburse or pay for, a service that is covered under this Agreement within sixty-one (61) days after You provide proof of loss, or if the Administrator becomes insolvent or otherwise financially impaired, You may file a claim directly with the insurer for reimbursement, payment, or provision of the service.
Wyoming: CANCELLATION section is amended as follows: If We cancel this Agreement, We will provide written notice of cancellation, including the effective date of the cancellation and the actual reason for the cancellation, to the last known mailing address Our records, at least ten (10) days prior to the cancellation effective date. Prior notice is not required if the reason for cancellation is 1) nonpayment of the Agreement; 2) a material misrepresentation by the Agreement Holder or; 3) a substantial breach of duties by the Agreement Holder relating to the covered product or its use.
The notice shall state the effective date of the cancellation and the reason for the cancellation. Ten percent (10%) penalty per month will be applied to refunds not paid or credited within forty-five (45) days of receipt of returned Agreement.