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Mobile Phone Protection Plan

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MOBILE PHONE PROTECTION PLAN
TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS AND THE COVERAGE DETAILS (TOGETHER,THIS “PLAN”) CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND US (AS DEFINED BELOW). THIS PLAN REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING AND INDIVIDUAL ARBITRATION UNLESS OTHERWISE PROVIDED IN THIS PLAN, AND LIMITS OUR LIABILITY TO YOU. PLEASE READ THIS PLAN CAREFULLY AND COMPLETELY. IF YOU DO NOT AGREE WITH ANY OF ITS PROVISIONS, DO NOT USE THE SERVICES OFFERED BY THIS PLAN.

A. COVERAGE

During the Term of this Plan, Our sole responsibility will be to provide reimbursement for the actual cost to repair or replace a Device, including a Cracked Screen, in the event of operational or structural failure of a Device due to a defect in materials or workmanship or accidental damage from handling (sometimes collectively referred to this Plan as “Damage” for convenience purposes only), subject to all other terms and conditions of this Plan. Capitalized terms used in this Plan will have the meanings set forth in this Plan.

  1. Your Plan Term, Your Plan Fee, Your Service Fee, and Your Devices covered under this Plan, are set forth in Your Coverage Details.
  2. Coverage is only eligible for all active cellular telephones associated with the primary line and additional or supplemental lines on Your monthly billing statement from a cellular provider billed to Your primary residence (the “Residence”) for the billing cycle preceding the month in which the Damage occurred (each such cellular telephone a “Device”). You must provide a paid bill from Your cellular provider as proof of eligibility of a Device at the time of claim.
  3. Coverage will be available under this Plan for as long as Your Residence is covered by a home warranty or home service contract issued by Us or one of Our affiliates.
  4. COVERAGE STARTS 31 DAYS AFTER RECEIPT OF YOUR PLAN FEE
  5. THIS PLAN COVERS A DEVICE ONLY AND NOT ITS ACCESSORIES, INCLUDING THOSE CONTAINED WITHIN THE PRODUCT IN THE ORIGINAL PACKAGING FROM THE ORIGINAL EQUIPMENT MANUFACTURER.

B. HOW TO FILE A CLAIM

To open a claim, call (888) 531-5403 or file online at www.choicehomewarranty.com; or, if You reside in California, New York or Washington, call (800) 601-1009 or file online at www.hscwarranty.com. You must report the claim within 90 days of the loss, or as soon as reasonably possible, or the claim may not be honored. Upon receipt of a notice of claim, We will provide You with the necessary instructions for filing a proof of loss. Written proof of loss must be submitted within 120 days of the loss or the claim may not be honored. Required documentation may include but is not limited to the following:

  1. A copy of Your Device service provider’s paid billing statement for the billing cycle preceding the month in which the Damage occurred;
  2. A copy of Your original Device purchase receipt or other sufficient proof of the Device model currently linked to Your cellular provider account;
  3. If a claim is due to Damage, a copy of a paid repair bill and photos of the Damaged and the repaired Device;
  4. If the claim is beyond economical repair, a copy of a repair estimate from a manufacturer authorized repair facility; and
  5. Any other documentation or information reasonably requested by Us to support the claim.

C. COVERAGE LIMITATIONS

Coverage for a Damaged Device is subject to the terms, conditions, exclusions and limits of liability set forth in this Plan. The maximum liability under this Plan is $100 to $800 per claim. Each claim is subject to a Service Fee in the amount set forth in Your Coverage Details. Coverage is limited to two claims per Plan per 12-month period. We shall be liable only for the lesser of the following amounts: (1) The actual cost to repair a Device; or (2) $100 to $800 per claim after Your Service Fee has first been applied to the cost to repair or replace a Device.

D. WHAT IS NOT COVERED

This Plan does not cover any of the following:

  1. Damage resulting from use of a Device in other than its normal and customary manner;
  2. Damage from improper operation, maintenance, installation, adjustment or any alteration or modification of any kind;
  3. A Device disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection and testing to verify any claim;
  4. A Device whose serial number has been altered or removed, or is illegible;
  5. Theft or loss of a Device;
  6. Any ancillary/peripheral equipment attached to or used in connection with a Device, or for operation of a Device with any ancillary/peripheral equipment;
  7. Preventative maintenance;
  8. Damage resulting from normal wear and tear;
  9. Cosmetic damage not affecting the functionality of a Device;
  10. Damage caused by recklessness, abuse, willful or intentional acts of conduct, or any use of a Device in a manner inconsistent with the use for which it was designed, intended or advised by the original equipment manufacturer or that would void such manufacturer’s warranty;
  11. Equipment provided to You while a Device is being serviced;
  12. A Device purchased for resale or for professional or commercial use; or has been rented, leased or borrowed; or a Device that has been received as part of a pre-paid plan;
  13. Damage that occurs either while a Device is in storage or in the course of transit, delivery, or redelivery, other than when located at Our designated repair depot;
  14. A Device located outside the United States;
  15. Damage resulting from any external cause including, but not limited to, fire; flood; earthquake; vermin; radioactive contamination; war, invasion, rebellion or insurrection; confiscation; risk of contraband; illegal activity; or Damage from inherent product defect;
  16. Damage covered under a warranty issued by a manufacturer, distributor or seller;
  17. Consequential, incidental, special or indirect damages or losses including, but not limited to, loss of use, loss of business, loss of profits, loss of data, down-time and charges for time and effort;
  18. Pre-existing conditions of a Device if You purchased this Plan after You purchased the Device;
  19. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate any electronic hardware or software, or components thereof, that are used to store, process, access, transmit, or receive information within a Device as a result of any cause or loss other than covered losses specifically stated in this Plan, including any unauthorized access or unauthorized use of such system, a denial of service attack, or receipt or transmission of malicious code; or
  20. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate any electronic data stored within a Device, including any such loss caused by unauthorized access or unauthorized use of such data, a denial of service attack, or receipt or transmission of malicious code.

E. TRANSFER OF PLAN

Neither this Plan, nor any rights or duties under this Plan, may be transferred without Our written consent.

F. PLAN TERM AND RENEWAL

  1. Plan coverage begins 30 days after receipt of Your Plan Fee and continues, unless cancelled, through the Term of this Plan. COVERAGE UNDER THE PLAN BECOMES EFFECTIVE 31 DAYS AFTER YOUR PLAN TERM BEGINS; NO SERVICE WILL BE PROVIDED DURING THE INTIAL 30 DAYS OF THE PLAN.

  2. For Monthly Plans, Your recurring Plan Term is one month.

    3. UNLESS YOU CANCEL THIS PLAN YOU WILL AUTOMATICALLY BE RENEWED EACH MONTH AT YOUR CURRENT COVERAGE LEVEL AT THE THEN CURRENT PREVAILING MONTHLY PLAN RATE UNLESS YOU NOTIFY US IN WRITING 30 DAYS PRIOR TO THE END OF YOUR MONTHLY PLAN TERM. TO CANCEL THIS PLAN, PLEASE CONTACT US TOLL-FREE AT (888) 531-5403; OR, IF YOU RESIDE IN CALIFORNIA, NEW YORK OR WASHINGTON, AT (800) 601-1009. WE WILL NOTIFY YOU IN WRITING 60 DAYS PRIOR TO ANY CHANGE TO THE MONTHLY PLAN PREVAILING RATE OR YOUR PLAN.

    YOUR EXPRESS AND AFFIRMATIVE CONSENT ACKNOWLEDGING AND AGREEING WITH THE ABOVE PROVISION IS REQUIRED AND CAPTURED AS PART OF THE SALES PROCESS FOR MONTHLY PLANS, AND SUCH CAPTURED AFFIRMATIVE CONSENT IS INCLUDED IN AND FORMS A PART OF THIS PLAN.

  3. For Fixed-Term Plans, Your Plan Term is fixed as set forth on Your Coverage Details.

    4. THIS PLAN MAY BE RENEWED AT OUR OPTION. IN THAT EVENT AND UNLESS YOU CANCEL THIS PLAN, YOU WILL AUTOMATICALLY BE RENEWED TO A MONTHLY PLAN AT YOUR CURRENT COVERAGE LEVEL AT THE CURRENT PREVAILING MONTHLY PLAN RATE AND BE NOTIFIED OF SUCH PREVAILING RATE AND TERMS FOR RENEWAL.

G. CANCELLATION (SEE SECTION J FOR STATE SPECIFIC DETAILS)

  1. This Plan may be cancelled by Us for:
    1. Nonpayment of Plan fee by You;
    2. Nonpayment of Service Fee by You;
    3. Fraud or misrepresentation by You of facts material to the issuance of this Plan;
    4. Mutual agreement of Us and You.

      5. If We cancel, We will pay You a pro rata refund of the Plan Fee paid for the unexpired term at the end of the month of which You cancelled less any Service Costs incurred by Us (unless prohibited by law).

  2. You may cancel this Plan at any time for any reason.
    1. If You cancel within the first 30 days of the Order Date, We will refund the paid Plan Fee less any Service Costs incurred by Us (unless prohibited by law).
    2. If You cancel at any time after the first 30 days from the Order Date:
      1. We will pay You a pro rata refund of the Plan Fee paid for the unexpired term at the end of the month of which You cancelled less any Service Costs incurred by Us (unless prohibited by law);
      2. If Our Service Costs are greater than the Plan Fee to be refunded, You shall pay Us the lesser of:
        1. the difference between (i) Our Service Costs; and (ii) the Fixed-Term Plan Fee paid or the Annual Monthly Plan Fee paid; or
        2. for Monthly Plans, the amount by which Your Annual Monthly Plan Fee exceeds the Annual Monthly Plan Fee paid in the year of Your cancellation.
      3. In addition, You shall be responsible for an administrative fee of the lesser of:
        1. $50 or
        2. Such amount as is permitted by law.

H. RESOLUTION OF DISPUTES-MANDATORY ARBITRATION (SEE SECTION J FOR STATE-SPECIFIC DETAILS)

  1. MEDIATION: In the event of any dispute or controversy arising out of or relating to this Plan, You agree to file a written claim with Us and allow Us 30 calendar days to respond to the claim.
  2. MANDATORY ARBITRATION: Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise, arising out of or relating to this Plan or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time of the filing. Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.). Neither party shall sue the other party in any court other than as provided herein for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Plan including any claim that all or any part of this Plan is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.” THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED THROUGH ARBITRATION.
  3. CLASS ACTION WAIVER: Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise, arising out of or relating to this Plan or the relationships among the parties hereto must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
  4. MULTIPLE PLANS: In the event that You have multiple plans with Us, You must file one arbitration per plan. You hereby waive any right to bring one arbitration that covers multiple plans.
  5. CHOICE OF LAW/VENUE: All issues and questions concerning the construction, validity, interpretation and enforceability of this Plan, shall be governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules. Any proceeding commenced pursuant to this Plan shall take place in the State of New Jersey unless otherwise prohibited by law or agreed to by the parties.

I. PARTIES AND DEFINITIONS

“We,” “Us” and “Our” refer to American Global Obligors, Inc., 90 Washington Valley Road, Bedminster, NJ 07102, the Obligor of this Plan, except in Alabama, Arizona, Arkansas, California, District of Columbia, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, Oklahoma, South Carolina, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming. In Alabama, the company obligated under this Plan is Home Warranty Administrator of Alabama, Inc. (HWA-AL). In Arizona, the company obligated under this Plan is Home Warranty Administrator of Arizona, Inc. (HWA-AZ). In Arkansas, the company obligated under this Plan is Home Warranty Administrator of Arkansas, Inc. (HWA-AR). In California, the company obligated under this Plan is Home Service Club of California, Inc. (HSCC). In the District of Columbia, the company obligated under this Plan is Home Warranty Administrator of DC, Inc. (HWA-DC). In Florida, the company obligated under this Plan is Home Warranty Administrator of Florida, Inc. (HWA-FL). In Georgia, the company obligated under this Plan is CHW Group, Inc., 2147 Route 27 South, 4th Floor, Edison, NJ 08817. In Hawaii, the company obligated under this Plan is Home Warranty Administrator of Hawaii, Inc. (HWA-HI). In Illinois, the company obligated under this Plan is Home Warranty Administrator of Illinois, Inc. (HWA-IL). In Iowa, the Company obligated under this Plan is Home Warranty Administrator of Iowa, Inc. (HWA-IA). In Kentucky, the company obligated under this Plan is Home Warranty Administrator of Kentucky, Inc (d/b/a/ HWA). In Louisiana, the company obligated under this Plan is DMM Results of LA, Inc. (DMM-LA). In Massachusetts, the company obligated under this Plan is Home Warranty Administrator of Massachusetts, Inc. (HWA-MA). In Minnesota, the company obligated under this Plan is Home Warranty Administrator of Minnesota, Inc. (HWA-MN). In Nevada, the company obligated under this Plan is Home Warranty Administrator of Nevada, Inc. (HWA-NV). In New Hampshire, the company obligated under this Plan is Home Warranty Administrator of New Hampshire, Inc. (HWA-NH). In New Mexico, the company obligated under this Plan is Home Warranty Administrator of New Mexico, Inc. (HWA-NM). In New York, the company obligated under this Plan is Home Service Club Warranty Corp (HSC). In Oklahoma, the company obligated under this Plan is Home Warranty Administrator of Oklahoma, Inc. (HWA-OK). In South Carolina, the company obligated under this Plan is Home Warranty Administrator of South Carolina, Inc. (HWA-SC). In Texas, the company obligated under this Plan is HWAT, Inc., dba Home Warranty Administrators (HWA-TX). In Utah, the company obligated under this Plan is Home Warranty Administrator of Utah, Inc. dba Choice Home Warranty (HWA-UT). In Vermont, the company obligated under this Plan is Home Warranty Administrator of Vermont, Inc. (HWA-VT). In Virginia, the company obligated under this Plan is HWA of VA, Inc. (HWA-VA). In Washington, the company obligated under this Plan is HSC or Home Service Club of Washington Corp. (HSCW). In Wisconsin, the company obligated under this Plan is Home Warranty Administrator of Wisconsin, Inc. (HWA-WI). In Wyoming, the company obligated under this Plan is Home Warranty Administrator of Wyoming, Inc. (HWA-WY). HWA, HWA-AL, HWA-AZ, HWA-AR, HWA-FL, HWA-HI, HWA-IL, HWA-IA, HWA-MA, HWA-MN, HWA-NH, HWA-NV, HWA-NM, HWA-OK, HWA-SC, HWA- TX, HWA-UT, HWA-VA, HWA-VT, HWA-DC, HWA-WI, and HWA-WY are located at 90 Washington Valley Road, Bedminster, NJ 07921. DMM-LA is located at 1 Gateway Center, Ste. 2600, Newark, NJ 07102. HSC and HSCW are located at 305 Broadway, 7th Floor, New York, NY 10007. HSCC is located at 8910 University Center Lane, Ste. 400, San Diego, CA 92122. Warranty Administration Services, Inc., 90 Washington Valley Road, Bedminster, NJ 07921 is the administrator of this Plan (unless prohibited by law). Our obligations under this Plan are backed by the full faith and credit of the Obligor; except if You reside in the states of California, Connecticut, Colorado, Florida, Indiana, Maine, Ohio, Oregon or Texas. For residents of these nine states, the obligations of the Obligor under this Plan are insured under a service contract reimbursement insurance policy. For these residents, if We fail to pay or provide service on a claim, including any claim for the return of the unearned portion of the Plan Fee, within 60 days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company, the name and address of which is as follows: (a) for residents of California, Colorado, Connecticut, Florida, Maine and Texas, Lexington National Insurance Corporation, P.O. Box 6098, Lutherville, Maryland 21094; and (b) for residents of Indiana, Ohio and Oregon, Hornbeam Insurance Company, 471 West Main Street, Suite 302, Louisville, KY 40202.

“Annual Monthly Plan Fee” refers to the Plan Fee for each respective 12-month period beginning on the Order Date or Your coverage effective date (whichever is later).

“Cosmetic Damage” includes minor abrasions, scruffs, scrapes, dints, scratches, chips, and other superficial damages that do not fully break through, separate, or penetrate a Device’s display screen or casing and do not impact a Device’s functionality. A Cracked Screen is not Cosmetic Damage.

“Coverage Details” refers to the page preceding these Terms and Conditions that is headed “Coverage Details” at the top of the page and lists Your name, Plan number, address, Plan Fee, and Service Fee.

“Cracked Screen” includes a fracture, break, shatter, crack, or rupture to the front display screen of a Device.

“Device” refers to each cellular telephone associated with the primary line and additional or supplemental lines on the Your monthly billing statement from a cellular provider for the billing cycle preceding the month in which the covered loss occurred.

“Fixed-Term Plan” refers to a Plan with a fixed term of coverage.

“Monthly Plan” refers to a Plan with a monthly recurring term of coverage.

“Obligor” refers to the party who is contractually obligated to provide service under this Plan.

“Order Date” refers to the date that You submitted Your Plan Fee for processing by Us.

“Plan Fee” refers to the amount listed as Your “Rate” on Your Coverage Details and the amount You paid for this Plan.

“Service Costs” refer to any costs incurred by Us for access, diagnosis, repair and/or replacement during the term of Your Fixed-Term Plan or, in the case of Monthly Plans, each respective 12-month period beginning on the Order Date or Your coverage effective date (whichever is later).

“Service Fee” refers to the amount You will have to pay to a Service Provider when You make a request for service.

“Service Provider” refers to a qualified service contractor within Our network that completes service under this Plan. Service Providers are third parties, not employees of Ours.

“Term” the period of time during which Your Plan is in effect as specified in the Coverage Details, whether a Fixed-Term Plan or a Monthly Plan.

“You” or “Your” refers to the Plan holder(s) listed on the Coverage Details page.

J. MISCELLANEOUS STATE PROVISIONS

The following additional terms and conditions apply only if You reside in a state indicated below and shall govern only to the extent of any express conflict with a provision above.

  1. CANCELLATION

    1. Alabama, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Jersey, New Mexico, New York, South Carolina, Washington, Wisconsin and Wyoming: You may cancel this Plan within 20 days (30 days for District of Columbia and Hawaii) of the date this Plan was mailed to You or within 10 days (30 days for District of Columbia, 20 days for Hawaii) of delivery if this Plan is delivered to You at the time of sale or within a longer time period permitted under this Plan and, if You have not received any service, You are entitled to a full refund of the amount paid by You under this Plan. A 10% penalty per month will be added to a refund that is not paid or credited to You within 45 days (30 days for New York and Washington, 60 days for New Mexico) after the cancellation of this Plan. Colorado, District of Columbia, Hawaii, Maryland, Missouri, Nevada, South Carolina, Wisconsin and Wyoming: Your right to cancel this Plan and receive a full refund under paragraph G(2)(a) as modified by this paragraph J(1)(a) is not transferable and applies only to the original Plan purchaser.

    2. Alabama: If You cancel this Plan after the refund period described in paragraph J(1)(a), We may retain an administrative fee of up to $25 for issuance of this Plan.

    3. Arizona: The administrative fee permitted under paragraph G(2)(b)(iii) will not exceed the lesser of $50 or 10% of the gross Plan Fee.

    4. California: Within the first 30 days after receipt of the Plan, You may cancel the Plan and be refunded the full amount of Plan Fee paid; provided that You provide Us with written notice of cancellation and no claims have been made against the Plan. If a claim has been made against the Plan within the first 30 days after receipt of the Plan, a pro rata refund will be made to You, based in Our sole discretion on either elapsed time or the retail value of any service performed; provided that You provide Us with written notice of cancellation. After the first thirty (30) days after receipt of the Plan, a pro rata refund will be made to You, based in Our sole discretion on either elapsed time or the retail value of any service performed; provided that You provide Us with written notice of cancellation. After the first 30 days after receipt of the Plan, a pro rata refund will be made to You, based on the remaining Term of this Plan; provided that You provide Us with written notice of cancellation. A 10% per annum for each additional 30 days or fraction thereof on refund amount will be added to a refund that is not paid or credited to Your account within 30 days after We receive written notice of cancellation. In addition, the administrative fee under paragraph G(2)(b)(iii) will not exceed 10% of the Plan Fee or $25, whichever is less.

    5. Colorado: The administrative fee under paragraph G(2)(b)(iii) will not exceed 10% of the Plan Fee.

    6. Connecticut: You may cancel this Plan if You return all covered Devices or all covered Devices are sold, lost, stolen, or destroyed.

    7. Georgia: We may cancel this Plan only for fraud, material misrepresentation, or failure to pay. If We cancel this Plan, You will be provided 30 days written notice regardless of the reason for cancellation; and We will refund 100% of the unearned pro rata purchase price, less any claims paid. After the free look period specified in paragraph J(1)(a), You may cancel this Plan at any time upon demand and surrender of the Plan, in which case We will refund 100% of the unearned pro rata purchase price, less any claims paid.

    8. Florida: If You cancel this Plan, a return of the Plan Fee will be based upon no less than 90% of the unearned pro rata Plan Fee, less any claims that have been paid or less the cost of repairs made on Your behalf. If We cancel this Plan, a return of the Plan Fee will be based upon 100% of the unearned pro rata Plan Fee, less any claims that have been paid or less the cost of repairs made on Your behalf.

    9. Nevada: We will not cancel this Plan, if it has been in effect for at least 70 days, before the expiration of the term or one year after the effective date of this Plan, whichever occurs first except for: (a) failure to pay by You any amount under this Plan when due; (b) Your conviction of a crime which results in an increase in the service required under this Plan; (c) discovery of fraud or material misrepresentation by You in obtaining this Plan, or in presenting a claim under this Plan; or, (d) Your act or omission, or Your violation of any condition of this Plan, the discovery of which occurs after the effective date of this Plan and which substantially and materially increases the service required under this Plan. Cancellation of this Plan as permitted hereunder is effective 15 days after We mail the cancellation notice to You. We will not cancel this Plan, if it has been in effect for at least 70 days, before the expiration of the term or one year after the effective date of this Plan, whichever occurs first except also for a material change in the nature or extent of the required service or repair which occurs after the effective date of this Plan and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that this Plan was issued or sold. In the event of cancellation, You will be provided a pro rata refund less any outstanding balance on Your account. We will not charge an administrative fee or a cancellation fee, or any other type of fee, for cancellation of this Plan.

    10. New Mexico: If this Plan has been in force for a period of 70 days, We may not cancel this Plan before the expiration of the term or one 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 Plan; (3) You engage in fraud or material misrepresentation in obtaining the Plan; (4) You commit any act, omission, or violation of any terms of the Plan after the effective date of this Plan which substantially and materially increase the service required under the Plan; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of the Plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time You purchased this Plan.

    11. North Carolina: You may cancel this Plan at any time after purchase and receive a pro rata refund less any claims paid. The administrative fee permitted under paragraph G(2)(b)(iii) will not exceed the lesser of $50 or 10% of the pro rata refund. We may non-renew this Plan for any reason; and We will only cancel this Plan for nonpayment or for Your direct violation of any provision of this Plan.

    12. Oklahoma: In the event You cancel this Plan, return of the Plan Fee will be based upon 90% of the unearned pro rata Plan Fee less the actual cost of any service provided under this Plan. In the event We cancel this Plan, return of Plan Fee will be based upon 100% of unearned pro rata Plan Fee less the actual cost of any service provided under this Plan.

    13. Texas: If You cancel this Plan before the 31st day after the date of Plan purchase, We will refund to You or credit to Your account the full Plan Fee, decreased by the amount of any claims paid under this Plan; and We will not impose a cancellation fee. If You cancel this Plan on or after the 31st day after the date of purchase, we will refund to You or credit to Your account the prorated Plan Fee reflecting the remaining term of this Plan, decreased by the amount of any claims paid under this Plan; and We may impose a cancellation fee not to exceed $50. A 10% penalty per month will be added to a refund that is not paid or credited to You within 45 days after the cancellation of this Plan. This right to cancel is not transferable to a subsequent holder of the Plan.

      We may cancel this Plan by mailing a written notice of cancellation to You at Your last known address according to Our records before the 5th day preceding the effective date of the cancellation. We are not required to provide prior notice of cancellation if this Plan is canceled because of: (i) nonpayment of the Plan Fee; (ii) fraud or a material misrepresentation by You to Us or the administrator; or (iii) a substantial breach of a duty by You relating to the Device or its use. If We cancel this Plan, You will receive a prorated refund of the Plan Fee reflecting the remaining term of this Plan, decreased by the amount of any claims paid under this Plan; and We will not impose a cancellation fee.

      You may apply for reimbursement directly to the insurer, identified in PARTIES AND DEFINITIONS above, if a refund or credit is not paid before the 46th day after the date on which the Plan is returned to Us.

    14. Vermont: You may cancel this Plan within 20 days of receipt of this Plan and have not received any service, for a full refund of the amount paid by You under this Plan.

    15. Washington: We may cancel this Plan upon 21 days prior written notice to You.

    16. Wisconsin: The administrative fee permitted under paragraph G(2)(iii) will not exceed 10% of the gross amount which You paid for this Plan. In the event of a total loss of property covered by this Plan that is not covered by a replacement of the property pursuant to the terms of this Plan, You shall be entitled to cancel this Plan and receive a pro rata refund of any unearned Plan Fee, less any Service Costs. This Plan shall be non-cancelable by Us except for nonpayment of the Plan Fee, material misrepresentation by You to Us or the administrator, or substantial breach of duties by You relating to the Covered Item or its use. If this Plan is canceled by Us, We will mail a written notice to You at Your last-known address contained in Our records at least five days prior to cancellation by Us. Our cancellation notice will state the effective date of the cancellation and the reason for the cancellation.

    17. Wyoming: If this Plan is canceled by Us, We will mail a written notice to You at the last known address at least 10 days prior to cancellation by Us. Prior notice is not required if the reason for cancellation is nonpayment of the Plan Fee, material misrepresentation, or substantial breach of duties by You.

  2. ARBITRATION AND DISPUTE RESOLUTION

    1. Alabama: This Plan will be governed, construed and enforced in accordance with the laws of the state of Alabama. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim” for purposes of this paragraph), arising out of or relating to this Plan or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”) in the state of Alabama, under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Plan including any claim that all or any part of the Plan is void or voidable. However, the preceding sentence shall not apply to the CLASS ACTION WAIVER paragraph above.

    2. Arizona: The provisions of the MANDATORY ARBITRATION paragraph above will not be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. § 20-1095.09, Unfair trade Practices as outlined by the Arizona Department of Insurance and Financial Institutions. To learn more about this process, You may contact the Department at 100 N. 15th Ave., Suite 261, Phoenix, AZ 85007-2630, Attn: Consumer Protection. You may directly file any complaint with the Department against a service company issuing an approved service agreement under the provisions of A.R.S. §§ 20-1095.04 and/or 20-1095.09 by contacting the Consumer Protection Division of the Department at 602-364-2499.

    3. Connecticut: In the event of a dispute with Us or the administrator that cannot be resolved, You may contact the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The complaint must contain a description of the dispute, the purchase price of the Device, the cost of repair of the Device and a copy of this Plan.

    4. Georgia: This Plan will be governed by and construed in accordance with the laws of the State of Georgia. Arbitration under the MANDATORY ARBITRATION paragraph above of this Plan shall be nonbinding.

    5. Nevada: This Plan shall be governed and construed and enforced in accordance with the laws of the State of Nevada without regard to principles of conflicts of law. If You are not satisfied with the manner in which We are handling Your claim under this Plan, You may contact the Nevada Division of Insurance toll-free at (888) 872-3234.

    6. New Hampshire: Contact Us at (888) 531-5403 with, questions, concerns, or complaints about the Plan. In the event You do not receive satisfaction under this Plan, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301 or by calling (603) 271- 2261. The MANDATORY ARBITRATION paragraph above is subject to Revised Statutes Annotated 542.

    7. Oklahoma: This Plan will be governed by and construed in accordance with the laws of the State of Oklahoma.

    8. Oregon: For the purpose of the MANDATORY ARBITRATION paragraph above, references to “We” and “Us” also include the respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns of the Plan Obligor and administrator, as defined above. Most of Your concerns about the Plan can be addressed simply by contacting Us at (888) 531-5403. In the event We cannot resolve any dispute, You and We may, in a separate agreement, consent to arbitration. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER SIMILAR PROCEEDING. Any arbitration proceedings shall be conducted within the State of Oregon.

    9. South Carolina: Contact Us at (888) 531-5403 with, questions, concerns, or complaints about the Plan. In the event of a dispute with Us, You may contact the South Carolina Department of Insurance, Capital Center, 1201 Main Street, Suite 1000, Columbia, SC 29201, or (800) 768-3467.

    10. Texas: If You purchased this Plan in Texas, unresolved complaints concerning Us or questions concerning Us or questions concerning Our registration may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, telephone number (512) 463-6599 or (800) 803-9202. Our registration number is [_________]..

    11. Utah: ANY MATTER IN DISPUTE BETWEEN YOU AND US MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, A COPY OF WHICH IS AVAILABLE ON REQUEST FROM US. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND US. 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. THIS PLAN WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH.

    12. Virginia: If any promise made in this Plan has been denied or has not been honored within 60 days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contractproviders.shtml to file a complaint.

    13. Wisconsin: This Plan shall be governed, construed and enforced in accordance with the laws of the State of Wisconsin without regard to principles of conflicts of law. Unless You decide to file a claim solely in Your individual capacity in Wisconsin small claims court and notify Us in advance of Your decision to do so, any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim” for purposes of this paragraph), arising out of or relating to this Plan or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. You may elect to have any arbitration under this Plan held in the state of Wisconsin or within the jurisdiction in which You reside. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Plan including any claim that all or any part of the Plan is void or voidable. However, the preceding sentence shall not apply to the CLASS ACTION waiver paragraph above.

    14. Wyoming: At the time of any dispute, the parties hereto may agree to resolve their difference by arbitration in a separate written agreement. This Plan will be governed by and construed in accordance with the laws of the State of Wyoming, any legal proceedings under this Plan will be held in the State of Wyoming.

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  3. OTHER MISCELLANEOUS STATE PROVISIONS

    1. Arizona: Paragraph D(2), of the WHAT IS NOT COVERED section above, is deleted and replaced with the following: “Damage from improper operation, maintenance, installation, adjustment or any alteration or modification of any kind while owned by You.” Paragraph D(18), of the WHAT IS NOT COVERED section above, is deleted and replaced with the following: “This Plan does not cover known or unknown pre-existing conditions unless such pre-existing conditions were known or should reasonably have been known by Us or a person selling this Plan on Our behalf.”.

    2. connecticut: This Plan is automatically extended while a Device is being repaired..

    3. Florida: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation.

    4. Georgia: This Plan is bonded by Travelers Casualty and Surety Company of America, One Tower Square, S202A, Hartford, CT 06183 (the “Insurer” for purposes of this paragraph). You are entitled to make a direct claim against the Insurer in the event We fail to pay any claim within 60 days after the claim has been filed with Us. The pre-existing condition exclusion under WHAT IS NOT COVERED above, is deleted and replaced by the following: “Pre-existing conditions that are known or could have been detected by a routine home inspection or simple mechanical test are not covered.”.

    5. Kentucky: We maintain a performance bond issued by Platte River Insurance Company, P.O. Box 5900, Madison, WI 53705-0900 (the “Insurer” for purposes of this paragraph). You are entitled to make a direct claim against the Insurer in the event We fail to pay any claim within 60 days after the claim has been filed with Us.

    6. Michigan: If the performance of this Plan is interrupted because of a strike or work stoppage, the effective period of this Plan shall be extended by the period of the strike or work stoppage.

    7. North Carolina: The purchase of this Plan is not required either to purchase or to obtain financing for a Device.

    8. Oklahoma: We are licensed as a home service contract provider in Oklahoma under License No. 512409500. Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. In the event that this Plan is a Monthly Plan, this Plan will not expire while a Device is being repaired.

    9. Tennessee: This Plan is automatically extended while a Device is being repaired.

    10. Texas: NOTICE: THIS COMPANY PAYS PERSONS NOT EMPLOYED BY THE COMPANY FOR THE SALE, ADVERTISING, INSPECTION, OR PROCESSING OF A RESIDENTIAL SERVICE AGREEMENT UNDER TEXAS OCCUPATIONS CODE §1303.304.

    11. Utah: This Plan does not cover a Device if the cost of a Device is more than $3,700.

    12. Wisconsin: THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.

    13. Distric of Columbia, Ohio, Pennsylvania, Tennessee, and Utah: 30% of Your purchase price is for coverage of tangible personal property and 70% is for coverage of real property and fixtures.

We offer service contracts which are not warranties.

This is not a contract of insurance.

Terms may vary in different states.

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