Please read this PLAN carefully, as it describes the protection YOU will receive in return for YOUR payment of the PLAN PURCHASE PRICE, and it contains a Dispute Resolution/Arbitration AGREEMENT and Class Action Waiver. NOTICE: (1) THE PURCHASE OF THIS PLAN IS NOT REQUIRED TO EITHER PURCHASE YOUR PRODUCT OR TO OBTAIN FINANCING FOR IT. (2) THIS PLAN DOES NOT REPLACE THE MANUFACTURER’S WARRANTY FOR THE COVERED PRODUCT.
I. General Terms:
A. This PLAN is not a contract of insurance or a Warranty subject to the Federal Magnuson-Moss Act. YOU acknowledge YOUR
understanding of the Limited Applicability of the Federal Magnuson-Moss Warrant Act as set out below in this PLAN.
B. Section titles of this PLAN are listed in bold, underlined font. Section titles are for ease of reference and reading and are of no legal meaning to this PLAN. They should not be used in the interpretation of this PLAN.
C. Defined terms in this PLAN are in all caps, bold font. The meaning of these words can be found in Section II of this PLAN.
II. Definitions:
A. “ACCIDENTAL DAMAGE” - any stain or DAMAGE that occurs suddenly as the result of a single, unavoidable, non-deliberate action.
B. “ACCUMULATION” - a buildup of multiple stains or DAMAGES that have occurred over time and have not been addressed and cannot be attributed to a single incident.
C. “ADMINISTRATOR” - the entity responsible for administering the PLAN, which is Palladio, LLC, 1700 Palm Beach Lakes Blvd., Suite 1100, West Palm Beach, FL 33401, 800-482-7512.
D. “AS IS” - furniture that is sold in the clearance area of a RETAILER and does not have a manufacturer warranty.
E. “COVERED PRODUCT(S)” - adjustable bed base and frames that YOU purchased new and is used for residential purposes (personal, family, or household use) that is COVERED by this PLAN, as indicated on the invoice and/or cash register receipt.
F. “COVERAGE TERM” - means the years of coverage under this PLAN starting on the EFFECTIVE DATE and in effect for the specified number of years indicated in the header of this page.
G. “DAMAGE” - physical harm caused to a COVERED PRODUCT in such a way to impair its normal function.
H. “EFFECTIVE DATE” - the date on which YOUR COVERED PRODUCT is delivered to YOU or picked up by YOU from the RETAILER and qualifies for coverage under this PLAN.
I. “FAILURE” - inability to perform a normal function.
J. “MATCHING SET” - either two or more identical pieces of COVERED PRODUCT sold together or two or more pieces of furniture that are made by the same manufacturer and have the same design, cover, color, and use that are sold together.
K. “PLAN” or “AGREEMENT” - this Service Contract, including the invoice and/or cash register receipt.
L. “PURCHASE PRICE” - the dollar value paid for the PLAN as indicated on YOUR invoice and/or cash register receipt.
M. “REPORTING TIME FRAME” - means the maximum number of days within the COVERAGE TERM after discovery of the stain or DAMAGE that is reportable to US in order to qualify for service under this PLAN as specified in Section VII. This time period is indicated in the header of this page.
N. “RETAILER” - the store, website, or outlet where the COVERED PRODUCT(S) and the PLAN were purchased.
O. “RTO TRANSACTION” - a Rent to Own Transaction, where the COVERED PRODUCT(S) was initially acquired under a rental or lease purchase transaction.
P. “WE”, “US”, “OUR”, and “OBLIGOR” - the provider or company obligated under this PLAN as referenced in Section III “OBLIGOR” of this PLAN.
Q. “WEAR AND TEAR” - the expected decline in the condition of the COVERED PRODUCT through normal daily use.
R. “YOU” and “YOUR” - the purchaser of this PLAN as shown on the invoice and/or cash register receipt, including the LESSEE if the
COVERED PRODUCT is the subject of an RTO TRANSACTION.
III. OBLIGOR: The OBLIGOR of this PLAN depends on the state in which YOU purchased the PLAN.
A. In Florida, the OBLIGOR of the PLAN is LYNDON SOUTHERN INSURANCE COMPANY, 10751 Deerwood Park Blvd., Suite 200, Jacksonville, FL 32256 (800) 888-2738, Florida License No. 03698.
B. In Arizona, Colorado, Hawaii, North Carolina, New Mexico, Oklahoma, Virginia, Washington and Wyoming the OBLIGOR of the PLAN is 4Warranty Corporation, 10751 Deerwood Park Blvd., Suite 200, Jacksonville Florida 32256 (800-867-2216), Oklahoma License No. 521632566.
C. In all other states, the OBLIGOR of the PLAN is Tarmo, LLC, 777 South Flagler Drive, West Palm Beach, Florida, 33401, receiving mail at
P.O. Box 11355, West Palm Beach, Florida 33419.
D. WE reserve the right to transfer OUR obligations to another properly licensed entity.
IV. YOUR Responsibilities: YOU are responsible to report each DAMAGE or FAILURE as it occurs within the REPORTING TIME FRAME. This PLAN is not a maintenance contract. In order to receive coverage under this PLAN, YOU must maintain YOUR COVERED PRODUCT as recommended by the manufacturer in accordance with the Manufacturer’s Owner’s Manual or Guide, or alternatively to be eligible to receive coverage.
V. What Is COVERED: This PLAN provides coverage for certain mechanical and structural DAMAGE and FAILURE of the COVERED PRODUCT due to defects in material or workmanship during normal use, except for items listed in the Section VI. Exclusions and Limitations. Only the following are COVERED under this PLAN:
A. Breakage of mechanisms including sleeper mechanisms, reclining mechanisms, lifting mechanisms, heating mechanisms and vibrating mechanisms
B. Breakage of Steel Frames
C. Breakage of Welds
D. FAILURE of integral electrical components including wiring, motors, and remote-control devices
E. DAMAGE or FAILURE caused by power surges
F. Junction box FAILURE
VI. Exclusions and Limitations:
A. Service or replacement is limited to the DAMAGED COVERED PRODUCT only. The total value of such replacement is limited up to the value of the COVERED PRODUCT with a maximum of $25,000 (twenty-five thousand dollars).
B. Not all types of DAMAGE are COVERED by the PLAN. No service or benefit is provided for any of the following:
1. Anything not specifically listed in Section V. What Is COVERED;
2. DAMAGE to a product that is not a COVERED PRODUCT;
3. DAMAGE to a COVERED PRODUCT that has already been replaced under this PLAN;
4. WEAR AND TEAR;
5. Improper Care and Maintenance, including but not limited to:
a. DAMAGE resulting from cleaning methods or products other than those recommended by US and/or the manufacturer of YOUR COVERED PRODUCT;
b. DAMAGE caused during assembly of furniture or “Ready-To-Assemble” furniture, including self-installation;
c. DAMAGE caused by FAILURE to comply with the manufacturer's warranty;
d. Any costs YOU incurred cleaning or repairing YOUR COVERED PRODUCT without OUR prior authorization; and
e. DAMAGE caused by service, maintenance personnel or contractors.
6. Misuse, including but not limited to:
a. COVERED PRODUCTS used for commercial or institutional purposes, such as doctors’ offices, waiting rooms, and home day care are considered misuse;
b. DAMAGE as a result of using the COVERED PRODUCT for anything other than its intended use; and
c. Willful or intentional DAMAGE to the COVERED PRODUCT.
7. Ineligible Furniture or Components
a. Mattresses;
b. Accessory pillows, throws or blankets;
c. Plastic “Ready-To-Assemble” product(s);
d. Products sold “as-is”, “pre-owned”, rental (other than an RTO TRANSACTION), or non-residential furniture;
e. Pre-existing conditions, i.e., products sold that are DAMAGED at the time of purchase; and
f. Batteries and/or corrosion DAMAGE from batteries.
8. DAMAGE COVERED under any manufacturer's warranty, recall, or under any homeowners, renters, insurance policy or sellers guarantee;
9. DAMAGE caused in transit, including delivery, moves between residences, room to room, or into or out of storage;
10. DAMAGE occurring from incontinence or repetitive bodily fluid stains are not COVERED;
11. Any and all odors, including those resulting from mold, mildew, or a stain;
12. Animal DAMAGE from teeth, beaks, or claws;
13. Rust or corrosion;
14. External causes including fire, insects, rodents or infestation of any kind. Acts of nature, including but not limited to wind, rain, flood, hail, earthquake or any other peril which cannot be foreseen or prevented;
15. COVERED PRODUCT(S) no longer in YOUR possession;
16. Duplicate or multiple claims for the same reported issue; and
17. FAILURES that occur outside of the 50 states of the United States of America and the District of Columbia.
C. WE will exercise reasonable efforts in providing service under this PLAN, but neither WE nor the RETAILER shall be liable for any DAMAGE arising out of delays.
D. OUR OBLIGATIONS UNDER THIS PLAN ARE LIMITED TO REPAIRING OR REPLACING THE COVERED PRODUCT. WE DO NOT MAKE ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGE WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INDIRECT OR
CONSEQUENTIAL DAMAGE AND THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Fraud results in higher costs to
the consumer and is illegal. It is OUR policy to deny service and/or prosecute individuals that submit fraudulent claims.
VII. How to Obtain Service: YOU must file a claim within the REPORTING TIME FRAME by using the smartphone App available from Apple App Store or Google Play Store, going to www.slumberlandwarrantyservice.com, or by calling the ADMINISTRATOR. When filing a claim, YOU may be required to submit photos of the stained or DAMAGED area of YOUR COVERED PRODUCT. Claims must be submitted within both the REPORTING TIME FRAME and COVERAGE TERM in order to be considered for service. No claims will be accepted after the COVERAGE TERM. YOU must obtain prior approval by US for any services provided under this PLAN.
VIII. Service Procedures: Upon receiving a valid claim COVERED by this PLAN, WE may elect to repair or replace the COVERED PRODUCT or reimburse to YOU a portion of the purchase price of the COVERED PRODUCT(S) via settlement AGREEMENT, as determined by US as follows:
A. Repair: Provide repair advice and/or repair products to aid in repair of the DAMAGE. If the FAILURE or DAMAGE persists, YOU may receive a no charge virtual inspection or an in-home visit by a professional furniture technician. The professional furniture technician will inspect YOUR COVERED PRODUCT, confirm that the reported FAILURE or DAMAGE is COVERED per the What Is COVERED section of this PLAN, attempt to repair the FAILURE or DAMAGE of the COVERED item, and submit a report to US. An adult (of legal age) must be present at YOUR home when the on-site service is performed. If the technician determines that repairs must be made off-site, the DAMAGED COVERED PRODUCT will be removed and returned at no cost to YOU, or,
B. Replace:
If WE are unable to repair YOUR COVERED PRODUCT, WE may elect to replace the affected area or part of the COVERED PRODUCT. If the affected area or part cannot be replaced, WE may elect to issue YOU an authorization letter from US to select a new replacement piece of equal or lesser value to the original retail purchase price from the RETAILER from whom this PLAN was purchased. If the RETAILER is no longer in business or no longer sells YOUR COVERED PRODUCT, WE will issue YOU a pro rata refund of the PLAN purchase price paid. The replacement authorization is valid for 60 days. YOU must select YOUR replacement within this time frame. This value excludes taxes, delivery fees, and PLAN purchase price. If the replacement selection retail purchase price is higher than the original retail purchase price, it is YOUR responsibility to pay for the difference. If WE replace YOUR COVERED PRODUCT, the original COVERED PRODUCT will become OUR property. YOU may be given the option of a full refund of YOUR PLAN purchase in lieu of replacement, should YOU decide to keep the original furniture in its present condition. WE will not cover DAMAGE to a COVERED PRODUCT that has already been replaced under this PLAN. YOU may purchase another PLAN for such replaced product(s) if the replaced product(s) is/are not a part of a MATCHING SET. WE will NOT replace matching pieces of COVERED PRODUCT(S) that is/are not DAMAGED or otherwise not eligible for coverage under this PLAN, or
C. Reimburse:
1. If WE are unable to repair or replace YOUR COVERED PRODUCT, or where the cost of repair may exceed the current retail replacement value of YOUR COVERED PRODUCT, or replacement is required and either parts, matching fabric or matching leather needed for repair should become unavailable for YOUR COVERED PRODUCT, WE may offer to YOU the option to be partially reimbursed for the purchase price of YOUR COVERED PRODUCT via settlement AGREEMENT in an amount determined by US. Where YOUR COVERED PRODUCT was acquired under an RTO TRANSACTION, any reimbursement amount will be made to the owner, which will be the lessor if YOU have not purchased the COVERED PRODUCT. YOUR decision to accept reimbursement via settlement AGREEMENT must be made within the stated time frame in the written offer and will fulfill this PLAN in its entirety and will cancel and discharge all further obligations under this PLAN, where allowed by law. The amount of the settlement is determined by US by using several factors, including but not limited to, the type of COVERED PRODUCT, time remaining on YOUR PLAN, market cost of replacement product, etc.
2. If WE are unable to repair YOUR COVERED PRODUCT and the RETAILER has either closed, stopped selling the COVERED PRODUCT, or is no longer doing business with US, WE will issue YOU a pro rata refund of the PURCHASE PRICE YOU paid for the PLAN and will fulfill this PLAN in its entirety and will cancel and discharge all further obligations under this PLAN, where allowed by law.
IX. RTO Transactions: Where the COVERED PRODUCT was initially acquired under an RTO TRANSACTION, any settlement or refund will be paid to the owner of the COVERED PRODUCT at the time the settlement is made. This will be the lessor if YOU have not yet acquired ownership of the property. In all other respects, the Lessee will retain a beneficial interest in this PLAN and all non-cash benefits described herein shall be rendered to the Lessee. Any owner obligations related to maintenance of the COVERED PRODUCT shall be the responsibility of the Lessee during the term of any RTO TRANSACTION except as provided by law. Any reference to purchased, sold, or similar terms shall also include leased and its derivatives. Any reference to purchaser shall mean the Lessee under the RTO TRANSACTION and not the lessor.
X. Parts: Materials furnished as replacements for parts will be drawn from the original manufacturer, the RETAILER, or the service contractor’s inventory of new parts and components. These materials will be furnished under the provisions of the manufacturer’s warranty while still in effect and then by OUR PLAN during the remainder of the COVERAGE TERM. WE are not responsible for dye lot variation of the replacement part.
XI. Manufacturer’s Warranty: This PLAN is effective during the term of the manufacturer’s warranty and thereafter until the end of the
COVERAGE TERM. It does not replace the manufacturer’s warranty but provides certain additional benefits during the term of the
manufacturer’s warranty. Losses COVERED by the manufacturer during the manufacturer’s warranty period are not COVERED under this PLAN and are the responsibility of the manufacturer. If YOU should call for service on a COVERED PRODUCT COVERED under the manufacturer’s warranty, WE will refer YOU to the RETAILER.
XII. Renewal: This PLAN is not renewable.
XIII. Transfer: This PLAN is not transferable.
XIV. Cancellation:
A. Cancellation by YOU: YOU may cancel this PLAN at any time for any reason by mailing a written request for cancellation and the original copy of this PLAN to the ADMINISTRATOR, P.O. Box 11355, West Palm Beach, FL 33419, 800-482-7512. If YOU cancel this PLAN within the first 30 days after receipt of this PLAN and have not made a claim, YOU will receive a full refund of the price of this PLAN. If YOU cancel after the first 30 days from receipt of this PLAN or at any time after WE have paid a claim, YOU will receive a pro rata refund based on the period remaining on YOUR PLAN, less an administrative fee, not to exceed 10% of the price of the PLAN or twenty-five dollars ($25.00), whichever is less, and less any claims paid, where allowed by law.
B. Cancellation by US: If WE cancel, YOU shall be refunded the unearned pro rata purchase price of this PLAN, less any claims paid. WE may not cancel this PLAN except for a) fraud, b) material misrepresentation by YOU, c) non-payment by YOU, d) for violation of any of the terms and conditions of the PLAN, and e) if required to do so by any regulatory authority. If this PLAN was inadvertently sold to YOU on a product which was not intended to be COVERED by this PLAN, WE will cancel this PLAN and return the full purchase price of the PLAN to YOU.
XV. Deductible: There is no deductible payment required for the coverage described in this PLAN.
XVI. Insurance Backing. OBLIGATIONS TO PERFORM UNDER THIS PLAN ARE INSURED BY LYNDON SOUTHERN INSURANCE COMPANY, 10751 DEERWOOD PARK BLVD., SUITE 200, JACKSONVILLE, FL 32256 (800) 888-2738, EXCEPT IN CALIFORNIA, GEORGIA, NEW YORK, WASHINGTON, AND WISCONSIN.
CALIFORNIA - THE OBLIGOR IS INSURED BY RESPONSE INDEMNITY COMPANY OF CALIFORNIA, 10751 DEERWOOD PARK BLVD., SUITE 200, JACKSONVILLE, FLORIDA 32256 (800) 888-2738.
GEORGIA - THE OBLIGOR IS INSURED BY INSURANCE COMPANY OF THE SOUTH, 10751 DEERWOOD PARK BLVD., SUITE 200, JACKSONVILLE, FL 32256 (800) 888-2738.
NEW YORK AND WISCONSIN - THE OBLIGOR IS INSURED BY BLUE RIDGE INDEMNITY COMPANY, 10751 DEERWOOD PARK BLVD., SUITE 200, JACKSONVILLE, FL 32256 (800) 888-2738.
IF THE OBLIGOR FAILS TO PAY AN AUTHORIZED CLAIM WITHIN SIXTY (60) DAYS, OR IF THE OBLIGOR BECOMES INSOLVENT OR CEASES TO CONDUCT BUSINESS DURING THE TERM OF THIS PLAN, YOU MAY SUBMIT YOUR CLAIM DIRECTLY TO THE APPLICABLE INSURER AT THE ABOVE ADDRESS FOR CONSIDERATION.
FINANCIAL GUARANTEE:
IN WASHINGTON, OBLIGATIONS UNDER THIS PLAN ARE BACKED BY THE FULL FAITH AND CREDIT OF THE OBLIGOR, 4WARRANTY CORPORATION. IF ANY PROMISE MADE IN THE PLAN HAS BEEN DENIED OR HAS NOT BEEN HONORED YOU MAY CONTACT FORTEGRA FINANCIAL CORPORATION AT (800) 888-2738.
XVII. How to file a dispute: The ADMINISTRATOR adjudicates YOUR claim to the terms and conditions of this PLAN. If YOU disagree with the ADMINISTRATOR’S decision, YOU may file a dispute by emailing disputes@warrantyservice.com or logging onto www.slumberlandwarrantyservice.com, or calling 800-482-7512. Please review the What Is COVERED and the Exclusions and Limitations sections of this PLAN prior to submitting a dispute. Disputing a claim outcome will require YOU to submit in writing the specific coverage in this PLAN that supports YOUR dispute. Disputes will be reviewed, and a final decision will be rendered to YOU in writing within 30 Days.
XVIII. Dispute Resolution/Arbitration AGREEMENT and Class Action Waiver: PLEASE READ THIS DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, INCLUDING THE OPT-OUT PROVISION, CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES THAT CLAIMS (AS DEFINED BELOW) BE RESOLVED SOLELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY A JURY OR IN A CLASS ACTION.
Arbitration is a method of resolving any Claim without filing a lawsuit. In this Arbitration AGREEMENT and Class Action Waiver (collectively including all of this section of this AGREEMENT), YOU, WE, and the PLAN (the “Parties”) are agreeing to submit any and all Claims to binding arbitration on an individual basis for resolution. This Arbitration AGREEMENT and Class Action Waiver sets forth the terms and conditions of OUR AGREEMENT to binding arbitration. The Parties agree that any and all claims, disputes and controversies arising under or related in any way to this PLAN, including but not limited to claims related to the underlying transaction giving rise to this PLAN, claims related to the sale or fulfillment of this PLAN, and claims against any third-party (including the Selling Retailer and/or any of its owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, successors, and assigns) arising under or related in any way to this PLAN or the underlying transaction or the sale or fulfillment of this PLAN (collectively, “Claims”), shall be resolved by final and binding arbitration. “Claims” shall be given the broadest meaning possible and includes, without limitation, Claims arising under AGREEMENT, tort, statute, regulation, rule, ordinance or other rule of law or equity, and Claims against any of OUR or the
ADMINISTRATOR’S owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, successors, or assigns. In arbitration, Claims are resolved by an arbitrator and not by a judge or jury. THE PARTIES, INCLUDING YOU, WAIVE ANY RIGHT TO HAVE CLAIMS DECIDED BY A JUDGE OR JURY. In addition, except as expressly stated in the Class Action Waiver or otherwise expressly stated herein, the arbitrator shall have exclusive authority to decide all issues related to the enforcement, applicability, scope, validity, and interpretation of this Arbitration AGREEMENT, including but not limited to any unconscionability challenge or any other challenge that the Arbitration AGREEMENT is void, voidable or otherwise invalid. Notwithstanding this AGREEMENT to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim, on an individual basis, within the jurisdiction of small claims court. YOU acknowledge YOUR understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under or related in any way to this PLAN.
The Parties agree and acknowledge that the transaction evidenced by this PLAN affects interstate commerce. The Parties further agree that all issues relating to this Arbitration AGREEMENT and Class Action Waiver, including its enforcement, scope, validity, interpretation, and implementation, will be determined pursuant to federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to this Arbitration AGREEMENT and Class Action Waiver, then the law of the state where YOU purchased the AGREEMENT shall apply, without regards to conflicts of law.
CLASS ACTION WAIVER. All Claims must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, representative action, mass action, private attorney general action or action on behalf of the general public, or similar proceeding (any such action is referred to herein as a “Class Action”). NO CLAIM WILL BE ARBITRATED ON A CLASS ACTION BASIS. The Parties, including YOU, expressly waive any right or ability to bring, assert, maintain, or participate as a class member in any Class Action in court, arbitration, or any other forum, and the right for anyone to do so on YOUR behalf. The arbitrator may not consolidate more than one person or entity’s claims, and may not otherwise preside over any Class Action. The arbitrator shall not have the authority to combine or aggregate multiple persons’ or entities’ Claims or discovery, to conduct a Class Action or to make an award to any person or entity not a party to the arbitration. Notwithstanding anything to the contrary, the Parties agree that the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver shall be decided by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is ruled unenforceable or is interpreted to not prevent a Class Action, then the Arbitration AGREEMENT shall be null and void, and any Claims shall proceed in a court of law and not in arbitration. The Parties agree that if an arbitrator renders a decision regarding the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver, or determines that a Class Action may proceed in arbitration, then: (1) the arbitrator has exceeded his powers, pursuant to §10(a)(4) of the FAA, by taking such action; (2) either party may seek immediate review of that decision by a court of competent jurisdiction; and (3) a court of competent jurisdiction shall apply a “de novo” standard of review of that decision if such standard of review is allowed by the common law or statutes of that state. The Parties, including YOU, agree that if for any reason a Claim proceeds to Court, rather than arbitration, (1) the Claim will proceed solely on an individual, non-class, non-representative basis, and (2) no Party may be a class representative or class member or otherwise participate in any Class Action.
The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be conducted pursuant to the AAA Consumer Arbitration Rules (the “Code”). Information on AAA and a copy of the Code may be found at the following URL: American Arbitration Association, www.adr.org. The arbitration will be governed by federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to the arbitration, then the law of the state where YOU purchased the PLAN shall apply, without regards to conflicts of law. The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. If YOUR total DAMAGE claims (not including attorney’s fees) do not exceed $25,000, then all Claims shall be resolved by the Code’s Procedures for the Resolution of Disputes through Document Submission, except that a Party may ask for a hearing or the arbitrator may decide that a hearing is necessary. If a hearing is held, YOU have a right to attend the arbitration hearing in person, and YOU may choose to have any arbitration hearing held in the county in which YOU live, the closest AAA location to YOUR residence, or via telephone. In the event that the specified arbitration forum is unavailable, the Parties may agree on a substitute arbitration forum. If the Parties cannot agree, a court of competent jurisdiction may appoint a substitute arbitration forum. For information about how to initiate arbitration with the AAA, the Parties may refer to the AAA Code and forms at www.adr.org. If YOU initiate arbitration with AAA, YOU must pay the AAA filing fee in an amount no greater than the fee YOU would have to pay if YOU filed a complaint in federal court. We will pay any remaining Costs of arbitration required by the Code (“Arbitration Costs”); however, if the arbitrator determines that any of YOUR claims are frivolous, YOU shall bear all of the Arbitration Costs. If We initiate arbitration against YOU, We will pay the AAA filing fee and the Arbitration Costs. Each party will pay his/her/its own attorney’s fees, as well as costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the Code gives a party the right to recover any of those fees from the other party. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration.
If any portion of this Arbitration AGREEMENT is deemed invalid or unenforceable, all the remaining portions of this Arbitration AGREEMENT shall nevertheless remain valid and enforceable, provided, however, that if any portion of the Class Action Waiver is deemed invalid or unenforceable, then this Arbitration AGREEMENT shall be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration AGREEMENT and Class Action Waiver and the other provisions of this PLAN or any other AGREEMENT, this Arbitration AGREEMENT and Class Action Waiver governs.
OPT-OUT PROVISION. YOU SHALL HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS PLAN (THE DATE OF PURCHASE BEING INDICATED ON YOUR PLAN).
If YOU purchased this Plan in Arizona, Colorado, Florida, Hawaii, North Carolina, New Mexico, Oklahoma, Virginia, Washington and Wyoming to Opt-Out, YOU must send written notice to either: (1) 10751 Deerwood Park Blvd., Suite 200, Jacksonville, FL 32256, Attn: Legal or (2) legal@fortegra.com. In all other states, send YOUR Opt-Out notice to either: (1) Tarmo, LLC, P.O. Box 11355, West Palm Beach, Florida 33419 or (2) legal@tarmo.com. With the subject line, “Arbitration/Class Action Waiver Opt-Out.” YOU must include in YOUR Opt-Out notice: (a) YOUR name and address; (b) the date YOU purchased YOUR PLAN; and (c) the RETAILER. If YOU properly and timely Opt-Out, then all Claims will be resolved in court rather than arbitration.
Privacy Policy:
It is OUR policy to respect the privacy of OUR customers. For information on OUR privacy practices, please review OUR privacy policy at www.fortegra.com.
XIX. Entire AGREEMENT: This PLAN, together with YOUR sales receipt or other proof of purchase of the COVERED PRODUCT(S), shall collectively constitute the entire PLAN relating to YOUR coverage. These documents will confirm YOUR eligibility to receive service under this PLAN. YOUR sales receipt describes the COVERED PRODUCT(S) and the COVERAGE TERM of this PLAN. No verbal or written representations by any RETAILER or marketing materials outside of this PLAN shall be of any legal effect to this PLAN.
XX. Severability: Any provision contained herein which is found to be contrary to applicable laws shall be deemed null and void and the remaining provisions shall continue in full force and effect.
XXI. Limited Applicability of the Federal Magnuson Moss Warranty Act: YOU agree and acknowledge that YOU have paid an additional fee for this PLAN that is separate and apart from the purchase price YOU paid for the COVERED PRODUCT(S). Because of that separately stated consideration, YOU agree and acknowledge that this PLAN is not part of the basis of the bargain for YOUR purchase of the COVERED PRODUCT(S). YOU further agree and acknowledge that WE, and the ADMINISTRATOR under this PLAN, are not the supplier of the COVERED PRODUCT(S). Consequently, this PLAN is not a “written warranty” under the Federal Magnuson Moss Warranty Act. As a result, this PLAN is not subject to the provisions of the Magnuson Moss Warranty Act that apply only to a “written warranty”.
XXII. Limitation of Liability: THIS PLAN SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES. NEITHER THE OBLIGOR NOR THE ADMINISTRATOR SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, LOSS OF USE OF THE COVERED PRODUCT, INCONVENIENCE, OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACT OR OMISSION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE OBLIGOR NOR THE ADMINISTRATOR AUTHORIZE ANY PERSON, ENTITY OR RETAILER TO CREATE FOR THEM ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PLAN.
This PLAN is not a contract of insurance. The purchase of this PLAN is not required to either purchase YOUR product or to obtain financing.
State Specific Required Disclosures and Terms and Conditions: The following state specific requirements are added to and become part of
YOUR PLAN based upon the state in which YOU purchased this PLAN and supersede any other provision to the contrary:
Alabama: Section XIV. Cancellation is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned PLAN. If WE cancel this PLAN, WE will mail written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least five (5) days prior to Cancellation by US. Prior notice of cancellation will not be provided if WE cancel for YOUR nonpayment or a material misrepresentation by YOU to US relating to the COVERED PRODUCT(S) or its use.
Arizona: Section XIV. Cancellation is amended as follows: If WE or YOU elect to cancel this AGREEMENT prior to its expiration date, WE shall provide YOU with a pro-rata refund after deducting any claims paid, and administrative expenses. The administrative fee may not exceed seventy-five ($75) dollars or ten percent (10%) of the AGREEMENT fee, whichever is less. The administrative fee or expense may not exceed the amount of the refund due to the AGREEMENT Holder. No claim incurred or paid will be deducted from the amount to be
returned in the event of cancellation. The provider fee is the purchase price for which YOU paid for this AGREEMENT. Dispute Resolution/Arbitration AGREEMENT and Class Action Waiver does not preclude the consumer’s right to file a complaint with the Arizona Department of Insurance and Financial Institutions, (602) 364-2499. Exclusions listed in the AGREEMENT apply once the COVERED PRODUCT is owned by YOU.
Arkansas: If the AGREEMENT Holder elects to cancel this AGREEMENT within ten (10) days of receiving the AGREEMENT, or within twenty (20) days of receiving the AGREEMENT through mail service, and no claims were made, the full purchase price of the AGREEMENT shall be refunded to the AGREEMENT Holder. If WE cancel this AGREEMENT, WE shall mail YOU a written notice with the effective date of cancellation and the reason to the last known address contained in OUR records within fifteen (15) days of the date of termination. If WE cancel, WE will provide a pro rata refund of the unearned portion of the AGREEMENT fee less the amount or value of any claims paid shall accompany the notice unless cancellation is for nonpayment. A ten percent (10%) penalty per month shall be added to a refund that is not paid within forty-five (45) days of return of the service contract to the provider. If WE cancel this AGREEMENT, prior notice is not required if the reason for cancellation is 1) nonpayment of the AGREEMENT fee; 2) a material misrepresentation by the AGREEMENT Holder; or 3) a substantial breach of duties by the AGREEMENT Holder relating to the COVERED PRODUCT or its use. INSURANCE section is amended as follows: Obligations of the provider under this AGREEMENT are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, YOU are entitled to make a claim directly against the insurance company.
California: Section XIV. Cancellation is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned PLAN. For all COVERED PRODUCTS other than home appliances and home electronic products, if the PLAN is cancelled: (a) within sixty (60) days of receipt of this PLAN, YOU shall receive a full refund of the purchase price of this PLAN provided no service has been performed, (b) within the first sixty (60) days of receipt of this PLAN but a claim has been made, YOU shall receive a pro rata refund, less the cost of any service received or (c) after sixty (60) days, YOU will receive a pro rata refund, less the cost of any service received and less an administrative fee, not to exceed 10% of the price of the PLAN or twenty-five dollars ($25.00), whichever is less. Arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Household Goods and Services (BHGS). To learn more about this process, YOU may contact BHGS at 1-916-999- 2041, or YOU may write to Department of Consumer Affairs, 244 S. Market Court, Suite D, Sacramento, CA 95834, or YOU may visit their website at www.bhgs.dca.ca.gov. Informal dispute resolution is not available.
Colorado: Section XIV. Cancellation is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN. If WE cancel this PLAN, WE will mail a written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least five (5) days prior to Cancellation by US. Prior notice of cancellation will not be provided if WE cancel for YOUR nonpayment, a material misrepresentation by YOU to US, or a substantial breach of duties by YOU relating to the COVERED PRODUCT(S) or its use. There is no administrative fee if WE cancel this PLAN. INSURANCE section is amended as follows: Obligations of the provider under this are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, YOU are entitled to make a claim directly against the insurance company.
Connecticut: If YOU purchased this PLAN in Connecticut, YOU may pursue mediation to settle disputes between YOU and the provider of this PLAN. If the parties to this PLAN cannot reach AGREEMENT, then YOU may mail a formal written complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, Connecticut 06142-0816, Attention: Consumer Affairs. The written complaint must describe the dispute including any attempts made to resolve the dispute and the results of such attempts, identify the price of the COVERED PRODUCT and the cost of repair, and include a copy of this PLAN. In the event YOUR COVERED PRODUCT is being serviced by an authorized service center when this PLAN expires, the term of this PLAN will be extended until COVERED repair has been completed. Section XIV. Cancellation is amended as follows: YOU may cancel this AGREEMENT if YOU return the COVERED PRODUCT or the COVERED PRODUCT is sold, lost, stolen, or destroyed. If YOU purchased this PLAN in CT, the Provider of this PLAN and the entity responsible for fulfilling the terms of this PLAN is Tarmo, LLC, 777 South Flagler Drive, West Palm Beach, Florida, 33401 (866) 598-9853, receiving mail at
P.O. Box 11355, West Palm Beach, Florida 33419.
District of Columbia: Section XIV. Cancellation is amended as follows A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN. If WE cancel this PLAN, WE will mail written a notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least five (5) days prior to Cancellation by US. Prior notice of cancellation will not be provided if WE cancel for YOUR nonpayment, a material misrepresentation by YOU to US, or a substantial breach of duties by YOU relating to the COVERED PRODUCT(S) or its use.
Florida: This PLAN is between the Provider, Lyndon Southern Insurance Company (License No. 03698) and YOU, the purchaser. If YOU cancel this PLAN, return of premium shall be based upon ninety percent (90%) of the unearned pro-rata premium less any claims that have been paid or less the cost of repairs made on YOUR behalf. If this PLAN is cancelled by the Provider or a, return of premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any claims that have been made or less the cost of repairs made on YOUR behalf. The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation. Section XVIII. Arbitration section is amended to add the following: Arbitration proceedings shall be conducted in the county in which the consumer resides.
Georgia: Coverage under this PLAN is effective upon the expiration of the shortest portion of the manufacturer’s warranty. Section XIV. Cancellation is amended as follows: If YOU cancel this PLAN within the first 30 days after receipt of this PLAN, YOU will receive a full refund of the price of this PLAN. If YOU cancel after thirty (30) days of receipt of YOUR PLAN, YOU will receive a pro rata refund of the PLAN price. In the event of Cancellation by US, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If YOU cancel the PLAN within the first 30 days after receipt of the PLAN, a 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after receipt of the cancellation request. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Cancellation will be effective not less than thirty (30) days from the date of mailing or delivery in person of such notice of cancellation. Any refund owed shall be returned to YOU on or before the cancellation effective date. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. WE may not cancel this PLAN except for fraud, material misrepresentation, or non-payment by YOU. Section VI. “Exclusions and Limitations” section of this PLAN, exclusion (9(f.) is amended to read: Pre-existing conditions known to YOU, i.e., COVERED PRODUCT sold that are stained and/or DAMAGED at the time of purchase; Section XVIII. Arbitration of the AGREEMENT is removed.
Hawaii: Section XIV. Cancellation is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN. If WE cancel this PLAN, WE will mail written a notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least five (5) days prior to Cancellation by US. Prior notice of cancellation will not be provided if WE cancel for YOUR nonpayment, a material misrepresentation by YOU to US, or a substantial breach of duties by YOU relating to the COVERED PRODUCT(S) or its use.
Illinois: Cancellation section is amended as follows: If YOU cancel within the first thirty (30) days of the AGREEMENT Effective Date, and no service request has been made, YOU are entitled to a full refund of the cost of this AGREEMENT less a cancellation fee of the lesser of fifty dollars ($50) or ten percent (10%) of the AGREEMENT fee. If OBLIGOR cancels this AGREEMENT or if YOU cancel this AGREEMENT after the first thirty (30) days of the AGREEMENT Effective Date, then YOU shall be entitled to a pro rata refund of the paid AGREEMENT fee for the unexpired term, less an ADMINISTRATOR fee of the lesser or $50 or 10% of the AGREEMENT fee, and any actual service costs incurred by OBLIGOR.
Indiana: Insurance section is amended as follows: Obligations of the provider under this AGREEMENT are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, YOU are entitled to make a claim directly against the insurance company.
Idaho: Insurance section is amended as follows: Obligations of the provider under this AGREEMENT are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, YOU are entitled to make a claim directly against the insurance company.
Iowa: Section XIV. Cancellation is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned Service AGREEMENT.
Kentucky: YOU are entitled to make a direct claim against the insurer if WE fail to pay any COVERED claim within sixty (60) days after the claim has been filed. The insurer is: LYNDON SOUTHERN INSURANCE COMPANY, 10751 DEERWOOD PARK BLVD., SUITE 200, JACKSONVILLE, FL 32256.
Maine: Section XIV. Cancellation is amended as follows: If WE cancel this PLAN, WE will mail written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least fifteen (15) days prior to cancellation by US. A monthly penalty equal to ten percent (10%) of the outstanding provider fee outstanding must be added to a refund that is not paid or credited within forty-five (45) days after the return of the PLAN to the provider. The administrative fee assessed may not exceed ten percent (10%) of the amount YOU paid for this PLAN. EMERGENCY SERVICE: If after 5pm Eastern Time, YOU are unable to reach the ADMINISTRATOR and YOU require emergency repair, YOU may contact any manufacturer authorized service repair facility listed in YOUR phone book or online. YOU are required to contact the ADMINISTRATOR on the next business day. Mail YOUR original repair bill along with the technician’s report and a copy of the PLAN to the ADMINISTRATOR. All coverage and exclusions in this PLAN will apply.
Maryland: Section XIV. Cancellation is amended as follows: The AGREEMENT may be canceled by YOU 1) Within twenty (20) days after receipt of the AGREEMENT delivered by mail; 2) Within twenty (20) days after the date of delivery of AGREEMENT if delivered to YOU at
the time of sale; or 3) For a period of time not less than twenty (20) days as specified in the AGREEMENT. WE will refund one hundred percent (100%) of the purchase price of the AGREEMENT, if YOU elect to cancel this AGREEMENT and no claim has been made within twenty (20) days after the receipt of the AGREEMENT. WE will be subject to a ten percent (10%) penalty per month for refunds not paid or credited within forty-five (45) days of receipt of returned AGREEMENT.
Massachusetts: Section XIV. Cancellation is amended as follows: If WE cancel this PLAN, WE will mail written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least five (5) days prior to cancellation by US. Prior notice of cancellation will not be provided if WE cancel for YOUR nonpayment, a material misrepresentation by YOU to US, or a substantial breach of duties by YOU relating to the COVERED PRODUCT(S) or its use. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN.
Michigan: If performance under this PLAN is interrupted because of a strike or work stoppage at OUR place of business, the effective period of the PLAN shall be extended for the period of the strike or work stoppage.
Minnesota: Section XIV. Cancellation is amended as follows: If WE cancel this PLAN, WE will mail written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least fifteen (15) days prior to cancellation by US. WE will provide prior notice of cancellation at least five (5) days prior to Cancellation by US if WE cancel for YOUR nonpayment, a material misrepresentation by YOU to US, or a substantial breach of duties by YOU relating to the COVERED PRODUCT(S) or its use. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN.
Mississippi: IMPORTANT NOTICE ABOUT YOUR COVERAGE:
1.) This AGREEMENT includes a binding ARBITRATION AGREEMENT.
2.) The ARBITRATION AGREEMENT requires that any dispute related to YOUR coverage must be resolved by arbitration and not in a court of law.
3.) The results of the arbitration are final and binding on YOU and US.
4.) In an arbitration, one or more arbitrators, who are independent, neutral decision makers, render a decision after hearing the positions of the parties.
5.) When YOU become a PLAN HOLDER under this PLAN YOU must resolve any dispute related to the PLAN by binding arbitration instead of a trial in court, including a trial by jury.
6.) Binding arbitration generally takes the place of resolving disputes by a judge and jury.
7.) Should YOU need additional information regarding the binding arbitration provision in the PLAN, YOU may contact US at 777 South Flagler Drive, West Palm Beach, Florida, 33401.
Missouri: A claim against the provider shall also include a claim for return of the unearned provider fee. Section XIV. Cancellation is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN. EMERGENCY SERVICE: If after 5pm Eastern Time, YOU are unable to reach the ADMINISTRATOR and YOU require emergency repair, YOU may contact any manufacturer authorized service repair facility listed in YOUR phone book or online. YOU are required to contact the ADMINISTRATOR on the next business day. Mail YOUR original repair bill along with the technician’s report and a copy of the PLAN to the ADMINISTRATOR. All coverage and exclusions in this PLAN will apply.
Montana: Section XIV. Cancellation is amended as follows: If WE cancel this AGREEMENT, WE will provide five (5) days’ written notice of cancellation, including the effective date of the cancellation and the reason for the cancellation, to the last known mailing address WE have on record. WE may cancel this AGREEMENT without notice if the reason for cancellation is 1) nonpayment of the provider fee; 2) a material misrepresentation by the service contract holder to the provider; or 3) a substantial breach of duties by the service contract holder relating to the COVERED PRODUCT or its use. Insurance section is amended as follows: Obligations of the provider under this AGREEMENT are guaranteed under a service contract reimbursement insurance policy.
Nevada: Section XIV. Cancellation is amended as follows: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. After this PLAN has been in effect for 70 days, WE cannot cancel this PLAN before the expiration of COVERAGE TERM or one year after the effective date of the PLAN, whichever occurs first, except on any of the following grounds: YOUR FAILURE to pay an amount when due; YOUR conviction of a crime which results in an increase in the service required under this PLAN; discovery of fraud or material misrepresentation by YOU in obtaining the PLAN or in presenting a claim for service thereunder; discovery of an act or omission by YOU, or a violation by YOU of any condition of this PLAN, which occurred after the EFFECTIVE DATE of this PLAN and which substantially and materially increases the service required under the PLAN; or a material change in the nature or extent of the required service or repair which occurs after the EFFECTIVE DATE of the PLAN and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the PLAN was issued or sold. If WE cancel this PLAN, WE will mail written a notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least fifteen (15) days prior to Cancellation by US. There is no administrative fee if WE cancel this PLAN. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN. Section XVII. Arbitration of this PLAN is removed. This PLAN will not cover any unauthorized or non-manufacturer recommended modifications to the COVERED PRODUCT, or any DAMAGES arising from such unauthorized or non-manufacturer recommended modifications. However, if the COVERED PRODUCT is modified or repaired in an unauthorized or non-manufacturer recommended manner, ADMINISTRATOR will not automatically suspend all coverage. Rather, this PLAN will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer recommended modification or any DAMAGES arising therefrom, unless such coverage is otherwise excluded by the terms of this PLAN.
If YOU are not satisfied with the manner in which WE are handling a claim under this PLAN, YOU may contact the Nevada Division of Insurance toll free at 888-872-3234. References to administrative fees under Section XIV. Cancellation is hereby amended to “cancellation fees”.
New Hampshire: In the event YOU do not receive satisfaction under this PLAN, YOU may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, NH 03301, (603) 271-2261. Section XVII. Arbitration of this PLAN is removed.
New Jersey: Section XIV. Cancellation is amended as follows: If WE cancel this AGREEMENT, WE will provide five (5) days’ written notice of cancellation, including the effective date of the cancellation and the reason for the cancellation, to the last known mailing address WE have on record. WE may cancel this AGREEMENT without notice if the reason for cancellation is 1) nonpayment of the provider fee; 2) a material
misrepresentation by the service contract holder to the provider; or 3) a substantial breach of duties by the service contract holder relating to the COVERED PRODUCT or its use. Insurance section is amended as follows: Obligations of the provider under this AGREEMENT are guaranteed under a service contract reimbursement insurance policy.
New Mexico: Section XIV. Cancellation is amended as follows: After this PLAN has been in effect for 70 days, WE cannot cancel this PLAN before the expiration of COVERAGE TERM or one year after the effective date of the PLAN, whichever occurs first, except on any of the following grounds: YOUR FAILURE to pay an amount when due; YOUR conviction of a crime which results in an increase in the service required under this PLAN; discovery of fraud or material misrepresentation by YOU in obtaining the PLAN or in presenting a claim for service thereunder; or discovery of an act or omission by YOU, or a violation by YOU of any condition of this PLAN, which occurred after the EFFECTIVE DATE of this PLAN and which substantially and materially increases the service required under the PLAN. If WE cancel this PLAN, WE will mail a written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least fifteen
(15) days prior to Cancellation by US. There is no administrative fee if WE cancel this PLAN. A ten percent (10%) penalty per month (or each portion thereof) shall be applied to refunds not paid or credited within sixty (60) days of receipt of a returned PLAN.
New York: Section XIV. Cancellation is amended as follows: If WE cancel this AGREEMENT, WE will provide fifteen (15) days’ written notice of cancellation, including the effective date of the cancellation and the reason for the cancellation, to the last known mailing address WE have on record. WE may cancel this AGREEMENT without notice if the reason for cancellation is 1) nonpayment of the provider fee; 2) a material misrepresentation by the service contract holder to the provider; or 3) a substantial breach of duties by the service contract holder relating to the COVERED PRODUCT or its use. WE will refund one hundred percent (100%) of the purchase price of the AGREEMENT, if YOU elect to cancel this AGREEMENT and no claim has been made within twenty (20) days after the receipt of the AGREEMENT. WE will be subject to a ten percent (10%) penalty per month for refunds not paid or credited within thirty (30) days of receipt of returned AGREEMENT.
Insurance section is amended as follows: Obligations of the provider under this AGREEMENT are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, YOU are entitled to make a claim directly against the insurance company.
North Carolina: Section XIV. Cancellation is amended as follows: WE may not cancel this AGREEMENT except for non-payment by YOU or for violation of any of the terms and conditions of this AGREEMENT. YOU may cancel this AGREEMENT any time after the date of purchase and receive a pro rata refund less any claims paid on the AGREEMENT and a reasonable administrative fee, not to exceed ten percent (10%) of the amount of the pro rata refund.
Oklahoma: This PLAN is not a contract of insurance. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Section XIV. Cancellation is amended as follows: This AGREEMENT is not a contract of insurance. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Cancellation section is amended as follows: In the event YOU cancel this AGREEMENT, return of premium shall be based upon ninety percent (90%) of the unearned pro rata contract cost, less any claims that have been paid or less the cost of repairs made on YOUR behalf. In the event WE cancel this AGREEMENT, return of provider fee shall be based upon one hundred percent (100%) of unearned pro rata provider fee less any claims that have been paid or less the cost of repairs made on YOUR behalf. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER – While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a district court of Oklahoma.
Oregon: Upon FAILURE of the OBLIGOR to perform under the PLAN, the insurer shall pay on behalf of the OBLIGOR any sums the OBLIGOR is legally obligated to pay and any service that the OBLIGOR is legally obligated to perform. Section XIV. Cancellation is amended as follows: YOU may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which YOUR PLAN is returned to the provider. Section XVII. Arbitration of this PLAN is removed. EMERGENCY SERVICE: If after 5pm Eastern Time, YOU are unable to reach the ADMINISTRATOR and YOU require emergency repair, YOU may contact any manufacturer authorized service repair facility listed in YOUR phone book or online. YOU are required to contact the ADMINISTRATOR on the next business day. Mail YOUR original repair bill along with the technician’s report and a copy of the PLAN to the ADMINISTRATOR. All coverage and exclusions in this PLAN will apply.
South Carolina: If YOU purchased this PLAN in South Carolina, complaints or questions about this PLAN may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number 803-737-6180. Section XIV. Cancellation is amended as follows: If WE cancel this PLAN, WE will mail written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least five (5) days prior to cancellation by US. Prior notice of cancellation will not be provided if WE cancel for YOUR nonpayment, a material misrepresentation by YOU to US, or a substantial breach of duties by YOU relating to the COVERED PRODUCT(S) or its use. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five
(45) days of receipt of returned PLAN.
Texas: If YOU purchased this PLAN in Texas, unresolved complaints concerning providers and ADMINISTRATORS or questions concerning the regulations of service contracts may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-2906 or (800) 803-9202. ADMINISTRATOR: Palladio, LLC, 1700 Palm Beach Lakes Blvd, Suite 1100, West Palm Beach, FL 33401, (877) 778-2458, TX Lic # 255. Section XIV. Cancellation is amended as follows: There is no administrative fee if this PLAN is cancelled within thirty (30) days of delivery. If YOU cancel within thirty (30) days of delivery and YOU have made a claim
under the PLAN, YOU shall receive a refund of the full purchase price of the PLAN less claims paid. A ten percent (10%) penalty of the amount outstanding per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN. YOU may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which YOUR PLAN is returned to the provider. If WE cancel this PLAN, WE will mail a written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least five (5) days prior to Cancellation by US. Prior notice of cancellation will not be provided if WE cancel for YOUR nonpayment, fraud or material misrepresentation by YOU to US or the ADMINISTRATOR, or a substantial breach of duties by YOU relating to the COVERED PRODUCT(S) or its use. There is no administrative fee if WE cancel this PLAN.
Utah: Definition Section – the definition for ADMINISTRATOR is amended as follows: the entity responsible for administering the PLAN, which is Palladio US, LLC, 1700 Palm Beach Lakes Blvd., Suite 1100, West Palm Beach, FL 33401, 888-437-8675. This PLAN is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this PLAN is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by YOU to the ADMINISTRATOR as soon as reasonably possible. FAILURE to furnish such notice or proof within the time required by this PLAN does not invalidate or reduce a claim. Section XIV. Cancellation is amended as follows: WE cannot cancel this PLAN before the expiration of COVERAGE TERM or one year after the effective date of the PLAN, whichever occurs first, except on any of the following grounds: YOUR nonpayment; material misrepresentation; substantial change in the risk assumed, unless WE should reasonably have foreseen the change or contemplated the risk when entering into the PLAN; or substantial breaches of contractual duties, conditions, or warranties. If WE cancel this PLAN, WE will mail written notice to YOU at YOUR last known address stating the effective date and reason for cancellation. Cancellation will be effective no sooner than thirty (30) days after the delivery or first-class mailing of the written notice. If WE cancel this PLAN for YOUR nonpayment, cancellation will be effective no sooner than ten (10) days after delivery or first class mailing of the written notice. The notice of cancellation must be in writing to YOU at YOUR last known address and contain all of the following: (1) the PLAN number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation. Any matter in dispute between YOU and the company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the company. Any decision reached by arbitration shall be binding upon both YOU and the company. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction. EMERGENCY SERVICE: If after 5pm Eastern Time, YOU are unable to reach the ADMINISTRATOR and YOU require emergency repair, YOU may contact any manufacturer authorized service repair facility listed in YOUR phone book or online. YOU are required to contact the ADMINISTRATOR on the next business day. Mail YOUR original repair bill along with the technician’s report and a copy of the PLAN to the ADMINISTRATOR. All coverage and exclusions in this PLAN will apply. Obligations of the provider of this PLAN are guaranteed under a reimbursement insurance policy issued by Lyndon Southern Insurance Company. Should the provider fail to pay or provide service on any claim within sixty (60) days after proof of loss has been filed, YOU are entitled to make a claim directly against the insurance company.
VIRGINIA: If any promise made in the contract 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-contract-providers.shtml to file a complaint.
Washington: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned PLAN. If WE cancel this PLAN, WE will mail written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least twenty-one (21) days prior to Cancellation by US. YOU are not required to wait sixty (60) days before filing a claim directly with the insurer. EMERGENCY SERVICE: If after 5pm Eastern Time, YOU are unable to reach the ADMINISTRATOR and YOU require emergency repair, YOU may contact any manufacturer authorized service repair facility listed in YOUR phone book or online. YOU are required to contact the ADMINISTRATOR on the next business day. Mail YOUR original repair bill along with the technician’s report and a copy of the PLAN to the ADMINISTRATOR. All coverage and exclusions in this PLAN will apply.
Wisconsin: Section XVII. Arbitration of this PLAN is removed. Section XIV. Cancellation is amended as follows: If WE cancel this PLAN, WE will mail written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least five (5) days prior to Cancellation by US. WE may only cancel this PLAN for YOUR nonpayment of the provider fee, YOUR material misrepresentation to US or the ADMINISTRATOR, or YOUR substantial breach of duties relating to the COVERED PRODUCT(S) or its use. THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. If YOU cancel within thirty (30) days
of receipt of YOUR PLAN, YOU must first return to the RETAILER or to the ADMINISTRATOR should the RETAILER not be available. Proof of loss should be furnished by YOU to the ADMINISTRATOR as soon as reasonably possible and within one (1) year after the time required by this PLAN. FAILURE to furnish such notice or proof within the time required by this PLAN does not invalidate or reduce a claim. A ten percent (10%) penalty per month of the refund amount outstanding shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN. If ADMINISTRATOR fails to provide, or reimburse or pay for, a service that is COVERED under this PLAN within sixty-one (61) days after YOU provide proof of loss, or if the ADMINISTRATOR becomes insolvent or otherwise financially impaired, YOU may file a claim directly with the Insurer for reimbursement, payment, or provision of the service. In the event of a total loss of property that is not COVERED, YOU shall be entitled to cancel the PLAN and receive a pro rata refund of any unearned provider fee, less any claims paid. Therefore, in this specific situation no fee may be assessed to YOU.
Wyoming: Section XIV. Cancellation is amended as follows: If WE cancel this PLAN, WE will mail written notice to YOU at YOUR last known address stating the effective date and reason for cancellation at least ten (10) days prior to Cancellation by US. Prior notice of cancellation will not be provided if WE cancel for YOUR nonpayment, a material misrepresentation by YOU to US, or a substantial breach of duties by YOU relating to the COVERED PRODUCT(S) or its use. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned PLAN. Section XVIII. Arbitration of this PLAN is removed.
