SERVICE CONTRACT TERMS AND CONDITIONS

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  • This Service Contract is not a contract of insurance. Unless otherwise regulated under state law, the contents of this Service Contract should be interpreted and understood within the meaning of a “service contract” in Public Law #93 637.



  • In exchange for the Price You pay, this Service Contract covers the Product(s) described on Your sales receipt(s)/purchase order(s)/invoice(s) provided to You at the time of Service Contract purchase, or, if applicable, on Your Product Profile. This Service Contract includes these Terms and Conditions, any state specific Disclosures, Addendums (if applicable), Your Product Profile (if applicable), along with Your Product sales receipt(s)/purchase order(s)/invoice(s). Your Service Contract must be made available for inspection when You require service.



  • THIS SERVICE CONTRACT INCLUDES THE MANUFACTURER’S WARRANTY. LOSSES COVERED BY SUCH WARRANTY DURING THE WARRANTY PERIOD ARE COVERED BY THE MANUFACTURER. THIS SERVICE CONTRACT PROVIDES ADDITIONAL BENEFITS DURING THIS COVERAGE TERM. LOOK FIRST TO YOUR MANUFACTURER’S WARRANTY FOR COVERAGE. IF ANY PART OF YOUR PRODUCT WARRANTY OVERLAPS WITH THIS COVERAGE, THIS SERVICE CONTRACT IS SECONDARY TO SUCH WARRANTY COVERAGE.



DEFINITIONS

  • Administrator :

  • means the entity responsible for administering this Service Contract. The Administrator is Federal Warranty Service Corporation, in all states, except in Florida where the Administrator is United Service Protection, Inc., and in Oklahoma where the Administrator is Assurant Service Protection, Inc.. The address and phone number for each Administrator is P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-307-9215.

  • Price:

  • means the amount paid by You for this Service Contract..

  • Product(s):

  • means Your personal property, listed on Your Service Contract sales receipt(s)/purchase order(s)/invoice(s), or registered by You and approved by Us In addition, at Our discretion, coverage may extend to any replacement product provided by the Product seller, the manufacturer, or by Us, under this Service Contract.

  • Product Profile (if applicable:

  • means the personal user account You create with Us to register and manage Your Product(s) and view Your coverage details (including the Product(s), coverage term, Price, applicable deductible (if any), and other applicable coverage information..

  • Provider/We/Us/Our:

  • means the entity that is contractually obligated to You under the terms of this Service Contract. The Service Contract Provider is Federal Warranty Service Corporation in all states except in Florida where the Provider is United Service Protection, Inc., and in Oklahoma where the Provider is Assurant Service Protection, Inc.. The address and phone number of each Provider is P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-307-9215.

  • Seller:

  • is the entity that sold You this Service Contract.

  • You/Your :

  • means the Product(s) owner or lessee.

COVERAGE TERM:

  • If You purchase this Service Contract at the same time You purchase Your Product(s), this Service Contract takes effect immediately and covers Your Product(s) up to the end of Your coverage term or until cancelled by either You or Us.



  • If You purchase this Service Contract on a date later than the purchase of Your Product(s), this Service Contract takes effect immediately and covers Your Product(s) up to the end of Your coverage term or until cancelled by either You or Us.



  • With the exception of technical support, power surge, and any applicable data services which begin on Your coverage start date, all other benefits under the Service Contract will commence THIRTY (30) days from Your coverage start date.



  • Please see Your coverage start date and coverage term on the sales receipt/purchase order/or invoice provided to You at the time of Service Contract purchase.


WHAT IS COVERED:

  • MECHANICAL AND ELECTRICAL BREAKDOWN: :

  • This Service Contract covers functional parts and labor costs necessary to repair Your Product(s) to the manufacturer’s written specifications should Your Product(s) fail due to normal wear and tear. For consumer electronics repairs, We will restore Your Product’s hardware and preloaded manufacturer’s software to the original factory settings. This Service Contract also provides protection for Your Product(s) if the failure results from a power surge while they are plugged into a properly installed and functioning Underwriter’s Laboratory (UL) approved surge protector. We may require You to send Your surge protector to Us for examination. We may choose to replace Your failed or damaged Product with a like kind and quality replacement product or settlement because either We are unable to repair Your Product, the repair cost exceeds the current retail replacement value of Your Product, or Your Service Contract is a product replacement only plan.

  • ACCIDENTAL DAMAGE: :

  • This Service Contract provides all of the benefits under MECHANICAL AND ELECTRICAL BREAKDOWN along with failures for accidental damage (such as drops, collisions, liquid spills, structural breaks, and cracks). Accidental damage coverage is limited to Product(s) within the laptop, wearables, and tablet categories.

EXCLUSIONS:

  • MECHANICAL AND ELECTRICAL BREAKDOWN: :

  • This Service Contract excludes any loss, repair or replacement due to acts of God; consequential, incidental or intentional damage; misuse, abuse, neglect (including when required maintenance is not performed as outlined by the manufacturer); cosmetic damage; services (failure or damage) caused by non-authorized repair personnel; pre-existing conditions known by You that occurred prior to the coverage start date; rust, corrosion, insect infestation or fire; catastrophic damage (outside the scope of accidental damage); theft or burglary, mysterious disappearance, vandalism, transport, riot, environmental conditions, sand, dirt, failure or damage from exposure to weather conditions; loss or failure to or of antennas, external housing, casings, or consumables (including consumer replaceable batteries, ink, paper, belts, lights, knobs, buttons, etc.) that does not affect the mechanical or electrical function of the Product(s); loss or damage to customer replaceable batteries or rechargeable Product batteries; loss or damage to stored data, repairs related to viruses, or software that is added after the original Product(s) purchase; “no problem found” diagnosis or any defects that are subject to a manufacturer’s warranty or recall (no matter if the manufacturer is in business nor not); claims for any loss caused by the use of Product(s) in a manner not recommended by the manufacturer; claims arising from any breach of implied or express warranties of Product(s) merchantability or fitness from the manufacturer.

  • ACCIDENTAL DAMAGE:

  • incorporates all of the exclusions listed for MECHANICAL AND ELECTRICAL BREAKDOWN except for the following - any loss, repair or replacement due to accidental damage, including spilled liquids, which are covered by this Service Contract.

WHAT YOU MUST DO:

  • To keep this Service Contract in force during the coverage term, You must maintain the Product(s) according to the manufacturer’s specifications, including cleaning and maintenance. Failure to do so may result in a service denial. You are responsible to protect the Product from further damage and comply with the owner’s manual. You must notify the Administrator in writing if Your address changes.

    IF YOU NEED SERVICE:

    • All claims must be reported as soon as reasonably possible.


      To arrange for service, contact Us at the phone and/or website listed on the Service Contract sales receipt. We will assist You to diagnose any technical difficulties that may exist with Your Product. To the extent that Our diagnosis confirms a covered failure, We will process Your claim and arrange for service. Our level of technical service provided under this Service Contract is specific to Your Product’s hardware and preloaded manufacturer’s software at time of purchase; it does not support customized or proprietary software, software/hardware training, or how to install or utilize software/applications on Your Product.


    REPAIR OPTION:

    • Once We confirm the Product’s failure or damage, We will setup service with an authorized servicer / repair center determined by Us based on Your location, the Product category, and service purchased. If Your Product requires an approved repair more than once within sixty (60) calendar days, service must be completed by the same servicer/ repair center as the original repair. Our repair channels include:


    • 1) If We determine that Your Product requires in-home/on-site service, We will repair Your Product at the Product’s location (within the continental United States, Alaska and Hawaii). An adult (of legal age) must be present at the time of repair. The Product to be serviced must be readily accessible to the technician, as determined by Us. The technician will not remove or replace any structure, trim, mount, door, flooring, permanently affixed plumbing or piping, or external control system. The Product’s removal also must not require either more than one person for safe removal nor special equipment, tools, or other equipment. Should We determine during the repair visit that We need to repair Your Product elsewhere, We will transport Your Product to and from our repair center. If Your Product’s location is beyond a thirty-five (35) mile radius of an authorized servicer / repair center, You may be responsible to transport the Product to / from the designated servicer and assume any subsequent travel or shipping costs.

    • 2) For depot service, We either will provide You a mailing label or box with a mailing label for You to return Your failed Product for repair. Once repaired, We will ship the Product to You.

    • 3) If Your Product qualifies for carry-in service, repairs will be performed at an authorized repair center of Our choosing. You must contact Us to receive repair authorization prior to service. You may be responsible to transport Your Product to /from the repair center and assume any subsequent travel or shipping costs.

    REPLACEMENT OPTION:

    • Should We choose to replace Your failed or damaged Product because either We are unable to repair Your Product, the repair cost exceeds the current retail replacement value of Your Product, or Your Service Contract is a Product replacement only plan, We either will:


    • 1) Replace Your Product with a new, refurbished, or recertified product of like kind and quality. While We will try to accommodate specific replacement preferences such as equipment color, cosmetics, or features, this request is not guaranteed. The price of the replacement product will not exceed the current retail replacement value of the original Product or any Limits of Liability less any applicable deductible. We will ship the replacement product to You; or

    • 2) Issue a cash credit equal to the value of the replacement product, not to exceed the current retail replacement value of the original Product or any Limits of Liability less any applicable deductible. The cash credit, with Your authorization, will be deposited in Your account with Seller’s Name and may be used by You toward the purchase of any eligible replacement product of Your choice; or

    • 3) Provide a settlement equal to the value of the replacement product, not to exceed the current retail replacement value of the original Product or any Limits of Liability less any applicable deductible.

    • When You receive either the replacement product, cash credit, or settlement, the damaged/unrepairable Product becomes Our property should We choose to take possession of the Product at Our sole discretion.

    • You are responsible to transport Your Product to Us and assume any subsequent travel or shipping costs such as express or expedited shipping, or any reshipping expenses.

    • For advance exchange replacements, once We receive the damaged/unrepairable Product, We will inspect the Product and validate that the reported failure is covered under this Service Contract. Should We determine that the failure resulted from an Exclusion in this Service Contract, We will contact You with Our findings and arrange to either:


    • 1) Charge to You the difference between the value of the replacement product, cash credit, or settlement and the current market value of the damaged/unrepairable Product; or

    • 2) Return the Product to You and charge You the value of the replacement product, cash credit, or settlement; or

    • 3) Return the Product to You after You return the replacement product, cash credit, or settlement to Us. The returned replacement product must be in the same condition as when We sent it to You.

    LIMITS OF LIABILITY:

    • A Maximum Coverage Per Claim of up to $2,000 applies to each Product repair or replacement.


      There is a $5,000 aggregate repair or replacement limit per rolling twelve (12) month period based on the date of the first repair or replacement.


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      DEDUCTIBLE (if applicable):

    • You will be assessed a non-refundable deductible each time a repair or replacement is completed.
      Please see the Deductible Schedule for Your deductible amount.

    SERVICE FEE (if applicable):

    • You are responsible to pay the non-refundable service fee of $00 each time a replacement is complete.

    UNRECOVERED EQUIPMENT FEE (if applicable):

    • If the damaged/unrepairable Product is not returned to Us within fifteen (15) calendar days from the date We ship the replacement product to You, We will charge to You a non-refundable Unrecovered Equipment Fee of the retail cost of the replacement product. We reserve the right to collect any Unrecovered Equipment Fee due to Us under this Service Contract prior to issuing a replacement product, cash credit, or settlement.

    SHIPPING AND HANDLING FEE (if applicable):

    • You are responsible to pay a non-refundable Shipping and Handling Fee of 00 each time a repair or replacement is shipped.

    TERRITORY:

    • The service options listed above for Product repairs and replacements are available for claim events within the continental United States, Alaska and Hawaii. Such claim events will only be adjusted in, and repairs or replacements will only be provided in the continental United States, Alaska and Hawaii.

    DELAYS:

    • We will exercise reasonable efforts to provide service under this Service Contract; however, We will not be liable for any damages arising out of delays; and in no event will We be liable for any consequential damages.

    PARTS:

    • Materials furnished as replacements for parts will be drawn from Our service contractor’s inventory of new or rebuilt parts and components. These materials will be furnished under provisions of the manufacturer’s warranty while still in effect and then by Our service contractor during the remainder of the term of coverage.

    INELIGIBLE FOR COVERAGE:

    • This Service Contract does not cover personal property held in inventory, personal property held as Your stock in trade, or personal property bought for and/or used in a commercial setting. Products either not registered with Us or approved for coverage by Us as outlined in the Product(s) section or personal property not authorized or intended for sale in the United States by the product’s manufacturer are ineligible for benefit under this Service Contract.

    NO-LEMON POLICY:

    • If Your Service Contract has a term of one (1) year or greater from the date of purchase and overlaps with the term of the one (1) year manufacturer’s warranty and Your Product fails three (3) times due to the same part(s) failure during the Service Contract term, upon the fourth (4th) repair for the same problem, as determined by Us, We will replace Your Product according to the Replacement Option listed above. The No-Lemon Policy only applies to Product purchased new with a full manufacturer’s warranty.

    CANCELLATION:

    • You may cancel this Service Contract at any time for any reason by mailing a request for cancellation or calling the Administrator at the toll-free number listed above.


      If You cancel this Service Contract within the first thirty calendar (30) days of the coverage start date, and previously paid the Price for this Service Contract, and received no claims benefit, the contract is void and You will receive a full refund. If You cancel this Service Contract within the first thirty (30) calendar days, You previously paid the Price for this Service Contract, and You received a claim benefit, We will refund to You the unearned pro rata Price, less any claims paid as of the cancellation date. If You cancel after the first thirty (30) calendar days, we will refund to You the unearned pro rata Price, less any claims paid as of the cancellation date in addition to an administrative fee, not to exceed ten percent (10%) of the Service Contract Price or twenty-five dollars ($25) whichever is less. We are not responsible to provide You written notice of cancellation when You cancel this Service Contract.


      We may cancel this Service Contract within the first sixty calendar (60) days for any reason. After sixty calendar (60) days, We may only cancel this Service Contract for (1) nonpayment of the Price; (2) fraud or material misrepresentation; or (3) substantial breach of duties by You. If We cancel due to fraud, material misrepresentation or a substantial breach of duties by You, We will provide You with written notice, with the cancellation date and the reason for cancellation, at Your last known mailing or email address (depending on Your chosen form of communication) at least thirty (30) calendar days before cancellation. We will refund the unearned pro-rata Price less any claims paid.

    RENEWAL:

    • For monthly term programs, We reserve the right to change the provisions of this Service Contract (including Price and Deductible) upon giving You at least thirty (30) days written notice prior to the date of renewal.


      For annual or other term programs, at the coverage end date We may choose, at Our option, to offer to renew this Service Contract; although, We are not obligated to do so. If We offer to renew Your Product’s coverage, We reserve the right to change the provisions of this original Service Contract (including Price and Deductible) upon giving You at least thirty (30) days written notice prior to the proposed renewal date. A renewal will not be processed or become effective until accepted by You. We are not obligated to accept a Service Contract renewal tendered by You.

    TRANSFER:

    • This Service Contract is not transferable to another individual or entity.

    ARBITRATION:

    • READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.


      To begin Arbitration, either You or We must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of these AAA's Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019, calling (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless You and We agree, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. Please refer to the State Disclosures of this Service Contract for any added requirements in Your state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.


      The following state specific requirements are added to and become part of Your Service Contract and supersede any other provisions to the contrary:


      AL, AR, CO, DC, GA. IL, IN, KY, MA, ME, MN, NC, NH, NJ, NV, NY, SC, and WY only: The obligations of the Service Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed with Us, the written claim can be submitted to American Bankers Insurance Company of Florida at the following address: 11222 Quail Roost Drive, Miami, FL 33157, or call the toll-free number at 1-800-852-2244.


      HI, MN, MT, OK, VA and VT only: The obligations of the Provider under this Service Contract are insured under a service contract contractual liability insurance policy issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157.


      AL, AR, CO, HI, MA, ME, MN, MO, NJ, SC and WY only: FREE LOOK - You may, within twenty (20) calendar days of mailing of the Service Contract, or ten (10) days if delivered at time of sale, reject and return this Service Contract. Upon return of the Service Contract within the applicable time period, if no claims have been made You will be refunded the full Service Contract Price. 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 Service Contract. This provision applies only to the original purchaser.


      GA, LA, WI, WY only: The ARBITRATION provision is deleted. It is not applicable to You.


      Alabama only:The following is added to the CANCELLATION provision: No claims incurred will be deducted regardless of who initiates the cancellation.


      Arizona only: INSURANCE: The obligations under this Service Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, 1-800-852-2244. The following is added to the CANCELLATION provision: No claims incurred or paid will be deducted from Your refund regardless of who initiates the cancellation. All reference to an administrative fee is deleted and replaced with an administrative fee not to exceed ten percent (10%) of the gross amount paid or twenty-five dollars ($25) whichever is less. We will not cancel or void this Service Contract due acts or omissions of Us or Our subcontractors for failure to provide correct information or to perform the services or repairs provided in a timely, competent, workmanlike manner, pre-existing conditions were known or should have been reasonably known by Us or Our subcontractors. EXCLUSIONS, MECHANICAL AND ELECTRICAL BREAKDOWN is amended as follows: pre-existing conditions known by You that occurred prior to the coverage start date except if such conditions were known or should reasonably have been known by Us or Our subcontractors; The following is added to the ARBITRATION provision: Arbitration cannot 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 Department of Insurance and Financial Institutions. To learn more about this process, You may contact the Department of Insurance and Financial Institutions at 100 North 15th Avenue, Suite 261, Phoenix, AZ 85007-2630, Attn: Consumer Affairs. You may directly file any complaint with the D.I.F.I. against a Service Company issuing an approved Service Contract under the provisions of A.R.S. §§ 20-1095.04 and/or 20-1095.09 by contacting the Consumer Affairs Division of the D.I.F.I., toll free phone number 800-325-2548.


      California only: The CANCELLATION provision is deleted and replaced with the following: You may cancel this Service Contract at any time for any reason by mailing a request for cancellation or calling the Administrator at the toll free number listed above. If You cancel this Service Contract within the first thirty calendar (30) days after receipt of this Service Contract, and received no claims benefit, You will receive a full refund if You provide a written notice of cancellation. If You cancel this Service Contract within the first thirty (30) calendar days after receipt of this Service Contract, and You received a claim benefit, We will refund You a pro rata premium on the time remaining on Your Service Contract if You provide a written notice of cancellation. If You cancel after the first thirty (30) calendar days after receipt of the Service Contract, we will refund to You the unearned pro rata refund, if You provide a written notice of cancellation, in addition to an administrative fee, not to exceed ten percent (10%) of the Service Contract Price or twenty - five dollars ($25) whichever is less. If You cancel or do not renew Your service with Seller’s name for any reason, including nonpayment, this constitutes cancellation of the Service Contract by You, subject to the terms and conditions of this Service Contract. We may cancel this Service Contract within the first sixty calendar (60) days after receipt of this Service Contract for any reason. After sixty calendar (60) days, We may only cancel this Service Contract for (1) nonpayment of the Price; (2) fraud or material misrepresentation; or (3) substantial breach of duties by You. If We cancel due to fraud, material misrepresentation or a substantial breach of duties by You, We will provide You with written notice, with the cancellation date and the reason for cancellation, at Your last known mailing or email address (depending on Your chosen form of communication) at least thirty (30) calendar days before cancellation. We will refund the unearned pro-rata Price less any claims paid. You may cancel this Service Contract if You return the Product(s), or if the Product(s) is sold, lost, stolen, or destroyed. The following is added to the ARBITRATION provision: The arbitration provision does not limit or abridge in any way the filing by a California resident of a civil action to enforce rights conferred by the Ralph Civil Rights Act, California Civil Code Section 51.7. Nothing herein shall prevent You from bringing an action in a small claims court of appropriate jurisdiction for damages not to exceed $5,000.00. The arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Department of Consumer Affairs. To learn more about this process, You may contact them at 1-800-952-5210, or You may write to Department of Consumer Affairs, 4244 S. Market Court, Suite D, Sacramento, CA 95834, or You may visit their website at www.bearhfti.ca.gov.


      Colorado only: The following is added to the CANCELLATION provision: Prior notice is not required if this Service Contract is canceled for nonpayment of the Service Contract Price, a material misrepresentation by You, or a substantial breach by You relating to the covered Product or its use.


      Connecticut only: The following is added to the CANCELLATION provision: You may cancel this Service Contract if You return the Product, or the Product is sold, lost, stolen or destroyed. INSURANCE: The obligations of the Service Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed with Us, the written claim can be submitted to American Bankers Insurance Company of Florida at the following address: 11222 Quail Roost Drive, Miami, FL 33157. Please call American Bankers Insurance Company of Florida at the toll-free number at 1-800-852-2244 to file a claim. The Terms and ARBITRATION provision of this Service Contract are amended to include the following: DISPUTE RESOLUTION: A written description of a complaint may be mailed to the State Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attention: Consumer Affairs. Include a copy of this Service Contract, cost of the repair, the Service Contract Price and description of the dispute. TIME EXTENSION provision: If Your term of coverage is less than one (1) year, Your Service Contract will be automatically extended by the duration that the Product is withheld from You while being repaired.


      District of Columbia only: FREE LOOK: You may, within thirty (30) days of receipt, return this Service Contract. Upon return of the Service Contract within the applicable time period, if no claim has been made, the Service Contract will be void and You will be refunded or Your account credited, the full Service Contract purchase Price. A ten percent (10%) penalty of the Service Contract purchase Price per month shall be added to a refund that is not paid or credited within forty (45) days after return of the Service Contract. This provision applies only to the original purchaser of this Service Contract. The CANCELLATION provision, paragraph 4 is deleted and replaced with the following: We may cancel this Service Contract within the first sixty calendar (60) days for any reason. After sixty calendar (60) days, We may only cancel this Service Contract for (1) nonpayment of the Service Contract purchase Price; (2) fraud or material misrepresentation; or (3) substantial breach of duties by You. If We cancel due to fraud, material misrepresentation or a substantial breach of duties by You, We will provide You with written notice, with the cancellation date and the reason for cancellation, at Your last known mailing or email address (depending on Your chosen form of communication) at least thirty (30) calendar days before cancellation. Prior written notice is not required if the reason for cancellation is nonpayment of the Service contract purchase Price, a material misrepresentation by You, or a substantial breach of duties by You relating to the covered Product or its use. We will refund the unearned pro-rata Price less any claims paid.


      Florida only: The CANCELLATION provision is amended by deleting the second paragraph and replacing with the following: In the event You cancel this Service Contract, You shall receive a refund equal to ninety percent (90%) of the unearned pro rata Service Contract Price less any claims paid or less the cost of any repairs made. In the event We cancel this Service Contract, You shall receive a refund equal to one hundred percent (100%) of the unearned pro rata Service Contract Price. We are not responsible to provide You written notice of cancellation when You cancel this Service Contract. The following is added to the ARBITRATION provision: 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 court of competent jurisdiction. The arbitration action will take place in the county where You reside. REGULATION: The rate charged for this Service Contract is not subject to regulation by the Florida Office of Insurance Regulation


      Georgia only: The following is added to the CANCELLATION provision: You may cancel at any time and You will receive a pro rata refund of the Service Contract Price. No claim paid or incurred or cancellation fees shall be deducted from any refund owed. We may cancel this Service Contract at any time for (1) nonpayment of the Price; or (2) fraud or material misrepresentation by You. Cancellation by Us shall be in accordance with Section 33-24-44 of the Code of Georgia.


      Indiana only: SPECIAL PROVISION: Proof of payment to the retailer that sold You this Service Contract constitutes proof of payment to American Bankers Insurance Company of Florida, issuer of the insurance policy that insures Our obligation.


      Maryland only: FREE LOOK - You may cancel this Service Contract within twenty (20) calendar days of receipt of the Service Contract if mailed, or within twenty (20) days after the date of delivery of this Service Contract if given at time of sale. Upon return of this Service Contract within the applicable time period, if no claim has been made under this Service Contract, the Service Contract is void and the Administrator shall refund You the full price. 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 return of this Service Contract. The right to reject and return this Service Contract applies to the original purchaser of this Service Contract.


      Michigan only: REGULATION: If performance of the Service Contract is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of the Service Contract shall be extended for the period of the strike or work stoppage.


      Minnesota only: The following is added to the ARBITRATION provision: Any arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Federal Warranty Service Corporation.


      Missouri only: INSURANCE: The obligations under this Service Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157 or call the Toll Free number at 1-800-852-2244. In the event any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for the refund of the unearned purchase Price, or the Administrator ceases to do business or goes bankrupt, You may apply directly to American Bankers Insurance Company of Florida. The CANCELLATION provision is deleted and replaced with the following: You may cancel this Service Contract at any time for any reason by mailing a request for cancellation or calling the Administrator at the toll free number listed above. If You cancel this Service Contract within the first thirty calendar (30) days of the coverage start date, and previously paid the Price for this Service Contract, and received no claims benefit, the contract is void and You will receive a full refund. If You cancel this Service Contract within the first thirty (30) calendar days, You previously paid the Price for this Service Contract, and You received a claim benefit, We will refund to You the unearned pro rata Price as of the cancellation date. If You cancel after the first thirty (30) calendar days, we will refund to You the unearned pro rata Price as of the cancellation date in addition to an administrative fee, not to exceed ten percent (10%) of the Service Contract Price or twenty-five dollars ($25) whichever is less. We are not responsible to provide You written notice of cancellation when You cancel this Service Contract. If You cancel or do not renew Your service or maintain an active account with Seller’s name for any reason, including nonpayment, this constitutes cancellation of the Service Contract by You, subject to the terms and conditions of this Service Contract. We may cancel this Service Contract within the first sixty calendar (60) days for any reason. After sixty calendar (60) days, We may only cancel this Service Contract for (1) nonpayment of the Price; (2) fraud or material misrepresentation; or (3) substantial breach of duties by You. If We cancel due to fraud, material misrepresentation or a substantial breach of duties by You, We will provide You with written notice, with the cancellation date and the reason for cancellation, at Your last known mailing or email address (depending on Your chosen form of communication) at least thirty (30) calendar days before cancellation. We will refund the unearned pro-rata Price.


      New Hampshire only: NOTICE: In the event You do not receive satisfaction under this Service Contract, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416. The following is added to the ARBITRATION provision: Arbitration shall be held at a location selected by Us in the state in which this Service Contract was purchased. Any arbitration proceeding is subject to RSA 542.


      New Jersey only: The following is added to the CANCELLATION provision, the following is added: Prior notice is not required if the reason for cancellation is nonpayment of the purchase Price, a material misrepresentation or omission, or a substantial breach of Your contractual obligations relating to the Product or its use.


      New Mexico only: INSURANCE: This Service Contract is insured by American Bankers Insurance Company of Florida. If the Service Contract provider fails to pay You or otherwise provide You with the covered service within sixty (60) days of Your submission of a valid claim, You may submit Your claim to American Bankers Insurance Company of Florida at 11222 Quail Roost Drive, Miami, FL 33157, or call the toll-free number at 1-800-852-2244. If You have any concerns regarding the handling of Your claim, You may contact the Office of Superintendent of Insurance at 855-427-5674. The following is added to the CANCELLATION provision: We may not cancel this Service Contract once it has been in effect for at least seventy (70) days before the expiration of the agreed term or one (1) year after the effective date of the Service Contract, whichever occurs first, except for the following conditions: failure to pay the Service Contract Price; the conviction of You of a crime which results in an increase in the service required under the Service Contract; fraud or material misrepresentation by You in purchasing the Service Contract or obtaining service; or the discovery of an act or omission, or a violation of any condition of the Service Contract by You which substantially and materially increases the service required under the Service Contract. If We cancel, You will receive a refund equal to the unearned pro rata purchase Price less any claims paid. The CANCELLATION provision is amended as follows: If We cancel, We will provide You with written notice, with the cancellation date and the reason for cancellation, at Your last known mailing or email address (depending on Your chosen form of communication) at least thirty (30) calendar days before cancellation. FREE LOOK - You may, within twenty (20) calendar days of mailing of the Service Contract, or ten (10) days if delivered at time of sale, reject and return this Service Contract. Upon return of the Service Contract within the applicable time period, if no claims have been made You will be refunded the full Service Contract Price. If a refund is not credited within sixty (60) days after the return, We shall pay the holder a penalty of ten percent (10%) of the Service Contract Price for each thirty (30) day period or portion thereof that the refund, and any accrued penalties, remain unpaid. This provision applies only to the original purchaser. REGULATION: The purchase of this Service Contract is not required as a condition for the approval of a loan or the purchasing of property.


      Nevada only: The following is added to the IF YOU NEED SERVICE provision: If You are not satisfied with the manner in which We are handling the claim on Your Service Contract, You may contact the Commissioner by calling the toll-free number, (888) 872-3234. The CANCELLATION provision is amended as follows: All reference to an administrative fee is deleted and replaced with cancellation fee. The following is added to the CANCELLATION provision: We may not cancel this Service Contract once it has been in effect for seventy (70) days, except for the following conditions: failure by You to pay the Service Contract Price; the conviction of You of a crime which results in an increase in the service required under the Service Contract; fraud or material misrepresentation by You in purchasing the Service Contract or in the presentation of a claim; the discovery of an act or omission, or a violation of any condition of the Service Contract by You which substantially and materially increases the service required under the Service Contract; or a material change in the nature or extent of the service required under the Service Contract which occurs after the purchase of the Service Contract and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We cancel, You will receive a refund equal to the unearned pro rata purchase Price. No claims or repairs incurred may be deducted from any refund. FREE LOOK - You may, within twenty (20) calendar days of mailing of the Service Contract, or ten (10) days if delivered at time of sale, reject and return this Service Contract. This provision applies only to the original purchaser. If this Service Contract is returned within the first thirty (30) days of purchase and a refund is not credited within forty five (45) days after the return, We shall pay You a penalty of ten percent (10%) of the purchase Price for each thirty (30) day period or portion thereof that the refund, and any accrued penalties, that remain unpaid. This provision applies only to the original purchaser. No claims or repairs incurred may be deducted from any refund. REGULATION: The purchase of the Service Contract is not required in order to purchase goods or to obtain financing. EMERGENCY REPAIRS (HVAC and Water Heaters): If You have an emergency which involves the loss of heating or cooling to Your covered Product and the emergency renders a dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling, repairs will begin within twenty-four (24) hours after the report of Your claim and will be completed as soon as reasonably practicable thereafter. If We determine that the repairs cannot be practicably completed within three (3) calendar days after the report of the claim, We will provide a status report to You at Your last known address and the Commissioner by electronic mail at pcinsinfo@doi.nv.gov no later than three (3) calendar days after the report of the claim.


      New York only: FREE LOOK - You may, within twenty (20) calendar days of mailing of the Service Contract, or ten (10) days if delivered at time of sale, reject and return this Service Contract. Upon return of the Service Contract within the applicable time period, if no claims have been made You will be refunded the full Service Contract price. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after the return of the Service Contract. This provision applies only to the original purchaser.


      North Carolina only: The following is added to the CANCELLATION provision: We can cancel this Service Contract at any time in the event of nonpayment of the Service Contract by You or a direct violation of the Service Contract by You. REGULATION: The purchase of this Service Contract is not required in order to obtain financing.


      Ohio only: INSURANCE: The obligations under this Service Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, 800-852-2244. If We fail to perform or make payment due under the terms of the Service Contract within sixty (60) days after You request performance or payment, You may apply directly to American Bankers Insurance Company of Florida, including, but not limited to, any obligation in the Service Contract in which We must refund You upon cancellation of the Service Contract.


      Oklahoma only: The DEFINITIONS section, Provider/We/Us/Our. is amended to include (Oklahoma License Number 862541). The CANCELLATION provision is deleted and replaced with the following: You may cancel this Service Contract at any time for any reason by mailing a request for cancellation or calling the Administrator at the toll free number listed. If You cancel this Service Contract, You will receive a refund based on the following: (1) if Your Service Contract and cancellation notice are received within thirty (30) days from date of purchase, and no claims have been made, the refund will be based upon one hundred percent (100%) of the unearned pro rata premium; (2) if Your Service Contract and cancellation notice are received after thirty (30) days from date of purchase, or a claim has been filed, the refund will be based upon one hundred percent (100%) of the unearned pro rata premium, less (a) ten percent (10%) of the unearned pro rata premium or ten dollars ($10), whichever is less and (b) the actual cost of any service provided under the Service Plan. If You cancel or do not renew Your service with Seller’s name for any reason, including nonpayment, this constitutes cancellation of the Service Contract by You, subject to the terms and conditions of this Service Contract. We can cancel this Service Contract at any time in the event of fraud, nonpayment, material misrepresentation or breach of Service Contract You. You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. If We cancel this Service Contract, the refund will be based upon one hundred percent (100%) of the unearned pro rata premium, less the actual cost of any service provided under the Service Contract. If this Service Contract was inadvertently sold to You on a Product, which was not intended to be covered by this Service Contract, or if We are unable to repair Your Product or deem it is not cost effective, We will cancel this Service Contract and return the full purchase Price of the Service Contract to You. NOTICE: Coverage afforded under this Service Contract is not guaranteed by the Oklahoma Insurance Guaranty Association. The ARBITRATION provision is deleted and replaced with the following:


      NON-BINDING ARBITRATION: Read The Following Arbitration Provision ("Provision") Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action Prior to Engaging in Non-Binding Arbitration.


      Disputes under this Service Contract shall be subject to mandatory, non-binding arbitration. To begin arbitration, either You or We must make a written demand to the other party for arbitration. The arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of these AAA's Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019, calling (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless You and We agree, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. The arbitration decision will not be binding on either party, and following such decision either party may elect to bring suit in a court of competent jurisdiction with respect to the claim or claims considered in the arbitration proceeding. You also agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. Please refer to the State Disclosures section of this Service Contract for any added requirements in Your state. In the event this arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.


      Oregon only: The ARBITRATION provision is deleted. It is not applicable to You. INSURANCE: The obligations under this Service Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, 1-800-852-2244. EMERGENCY REPAIRS: If an emergency occurs which requires a Breakdown repair to be made at a time when the Administrator’s office is closed and prior authorization for the repair cannot be obtained, You should follow the claims procedures and contact the Administrator for claims instructions during normal business hours immediately following the emergency repair.


      South Carolina only: NOTICE: If the Provider does not timely resolve such matters within sixty (60) days of proof of loss, You may contact the South Carolina Department of Insurance, Post Office Box 100105, Columbia, SC 29202-3105, or (800) 768-3467. REGULATION: All references to cash settlement are deleted.


      Texas only: The following is added to the DEFINITIONS, Administrator: The Registration Number for Federal Warranty Service Corporation is 269. INSURANCE: The obligations under this Service Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. In the event any covered service is provided to You before the sixty-first (61st) day after the proof of loss has been filed, or a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Service Contract is cancelled; You may apply directly to American Bankers Insurance Company of Florida. FREE LOOK - You may, within thirty (30) calendar days of mailing of the Service Contract return this Service Contract. Upon return of the Service Contract within the applicable time period, if no claims have been made You will be refunded the full Service Contract Price. A ten percent (10%) penalty per month shall be added to any refund that is not paid or credited within forty-five (45) days after the return of the Service Contract. This provision applies only to the original purchaser. If You cancel this Service Contract before the thirty-first (31st) day after the date of purchase, We shall refund You or credit to Your account the full purchase Price of the Service Contract decreased by the amount of any claims paid under the Service Contract and may not impose a cancellation fee. This provision applies only to the original purchaser of the Service Contract, and is not transferable. A ten percent (10%) penalty per month shall be added to any refund that is not paid or credited within forty-five (45) days after return of the Service Contract. NOTICE: If You have complaints or questions regarding this Service Contract, You may contact the Texas Department of Licensing and Regulation at the following address and telephone number: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; (512) 463-6599 or (800) 803-9202 (within TX only). REGULATION: The purchase of a Service Contract is not required in order to purchase or obtain financing for the covered Product.


      Utah only: The following is added to IF YOU NEED SERVICE. provision: Notice and proof of loss must be provided as soon as reasonably possible. Failure to obtain prior authorization or submit repair orders and other documentation will not automatically invalidate Your claim if You can demonstrate that it was not reasonably possible to obtain prior authorization or file the documents within such time period. The CANCELLATION provision is amended as follows: We can cancel during the first sixty (60) days of an annual term, for any reason, by mailing a notice of cancellation at least thirty (30) days prior to the effective date of cancellation ten (10) days for non-payment of premium. After sixty (60) days have elapsed, We may cancel by mailing a cancellation notice at least thirty (30) days prior to the effective date of cancellation (ten (10) days for non-payment of premium) for cancellations due to any of the following reasons: material misrepresentation; substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Service Plan; or substantial breach of contractual duties, conditions, or warranties. You will be refunded the unearned pro rata Service Contract Price, less any claims paid. The ARBITRATION provision is deleted. It is not applicable to You. INSURANCE: The obligations of the Service Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed with Us, the written claim can be submitted to American Bankers Insurance Company of Florida at the following address: 11222 Quail Roost Drive, Miami, FL 33157, or call the toll-free number at 1-800-852-2244. REGULATION: Coverage afforded under this Service Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. This Service Contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. EMERGENCY REPAIRS: If an emergency occurs which requires a Breakdown repair to be made at a time when the Administrator’s office is closed and prior authorization for the repair cannot be obtained, You should follow the claims procedures and contact the Administrator for claims instructions during normal business hours immediately following the emergency repair.


      Washington only: The following DEFINITIONS are added: Service Contract Provider/We/Us/Our means Federal Warranty Service Corp. who is contractually obligated to the Service Contract Holder under the terms of the Service Contract. Administrator/Provider means the entity responsible for administering this Service Contract. The Administrator is Federal Warranty Service Corporation, The address and phone number for each Administrator is P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578. Provider Fee/Price means the consideration paid by You for the Service Plan. All references to Service Contract Price are amended to Provider Fee/Price. Service Contract means the Contract, which You have purchased for the Product(s) described on the Declarations Page. Service Contract Holder/You/Your means the person who is the purchaser or holder of the Service Plan as shown on the Declarations Page. The following is added to the ARBITRATION provision: Nothing in the section headed ‘Arbitration’ shall invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Service Contract. All arbitrations will be held in the county in which You maintain Your permanent residence. FREE LOOK - You may, within thirty (30) days, reject and return this Service Contract. Upon return of the Service Contract within the applicable time period, if no claims have been made You will be refunded the full Service Contract Price. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after the return of the Service Contract. This provision applies only to the original purchaser. INSURANCE: Obligations of the Service Contract Provider under this Service Contract are backed by the full faith and credit of the Service Contract Provider.


      Wisconsin only: The reference to this Service Contract being interpreted and understood within the meaning of a “service contract” in Public Law is deleted and replaced as follows: This Service Contract is not a contract of insurance. This is a ‘service contract’ as regulated under Wisconsin Law and as referenced in the Federal Public Law 93-637. The CANCELLATION provision is amended as follows: We can cancel this Service Contract at any time in the event of nonpayment, material misrepresentation or substantial breach of duties by You related to the covered Product or its use. In the event of a total loss of property covered by this Service Contract that is not covered by a replacement product pursuant to the terms of the Service Contract, You shall be entitled to cancel the Service Contract and receive a refund of the pro-rata Price, less any claims paid. INSURANCE: Obligations of the Provider under this Service Contract are insured under a Service Contract reimbursement insurance policy issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. If We do not provide, or reimburse or pay for, a service that is covered under a service contract within sixty (60) days after You provide proof of loss, or if We become insolvent or otherwise financially impaired, You may file a claim directly with American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. For reimbursement, payment, or provision of service, please call 1-866-306-6694 for instructions.


      FREE LOOK: You may return this Service Contract within twenty (20) days of receipt or ten (10) days if delivered at the time of sale. If You return the Service Contract within the applicable time period and no claim was made, the Service Contract is void and the full Service Contract Price will be refunded to You. A ten percent (10%) penalty per month will be added to a refund that is not paid or credited within forty-five (45) days after return of the Service Contract to Us. The right to void this Service Contract is not transferable and applies only to the original purchaser. REGULATION: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE


      Wyoming only: The following is added to WHAT IS COVERED provision and EXCLUSIONS, the following is added: Accidental damage coverage is not limited to drops, liquid spills or cracks.





ADDENDUM

THIS ADDENDUM AMENDS THE TERMS AND CONDITIONS. PLEASE READ IT CAREFULLY.


  • The Terms and Conditions are amended as follows:



  • The following is added to WHAT IS COVERED:

TECHNICAL SUPPORT:

  • During the Service Contract term, We will provide You with technical support resources and tools applicable to Your Product(s). Technical support may include assistance with installation, launch, configuration, troubleshooting, and recovery (except for data recovery), that relate to storing, retrieving, and managing of files; as well as determining when hardware service is required.



  • Under this Service Contract, We will provide technical support for the following:


    1. 1. Any covered Product(s),

    2. 2. The operating system and software applications pre-installed by the manufacturer on the Product(s),

    3. 3. Software applications, branded by the Product(s) manufacturer, including but not limited to word processing, worksheets, and presentation software, and

    4. 4. Connectivity issues between the Product(s) and its computer or other supported technology that meets the Product(s) connectivity specifications and runs an operating system supported by the Product(s).



  • The following is added to WHAT IS COVERED:

  • OTHER SERVICES:

  • In addition, during the Service Contract term, We may provide You with other services specific to Your Product(s). These limited benefits may include (but not limited to) device support, content backup and security services, claims management tools, alternative servicing and upgrade options, or promotions. Certain features of these services may not be available on or compatible with all device types.



  • REPAIR OPTION #3 is deleted in its entirety and replaced with the following:


  • If Your Product qualifies for carry-in service, We either will setup a service event for the repair to be performed at an authorized repair center of Our choosing or arrange with you to take Your Product for service and reimburse to you the cost for the repair (with applicable receipt) up to the Maximum Coverage Per Claim. You must contact Us to receive a repair authorization prior to service. You may be responsible for transporting Your device to/from the repair center and assume any corresponding cost.



ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.