Customer Service Agreement – Warranty of America

THIS CUSTOMER SERVICE AGREEMENT (the “Agreement”) describes the terms and conditions applicable to your relationship with Warranty of America. (“WarrantyofAmerica.com”) in connection with your extended service contract (the “Service Contract”) and the website located at www.WarrantyofAmerica.com (the “Website”). IF YOU USE OR CONTINUE TO USE THE WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE WEBSITE. THIS AGREEMENT IS NOT A CONTRACT OF INSURANCE.

EXTENDED SERVICE CONTRACT. All obligations to you under the Service Contract are to be performed by Cornerstone Consumer Product Services, LLC (“Provider”), a Texas limited liability company, 3707 FM 1960 West Suite 450, Houston, TX 77068. Warranty of America Group, LLC (D/B/A Warranty of America) (“Warranty of America”, “WarrantyofAmerica.com”, “We” or “Our”) is not affiliated with Provider. Warranty of America and Provider are parties to an agreement pursuant to which, among other things, Warranty of America has agreed to sell the Service Contract for the benefit of Provider, and Warranty of America is compensated by Provider in connection with such sales.

Your Extended Service Contract is provided by Provider in all states. Provider maintains insurance which secures the obligations of Provider and is defined and referred to herein and elsewhere as “Obligor.” In all states, the Extended Service Contracts are administered and serviced by Provider also referred to herein and elsewhere as “Administrator.” You understand and expressly agree that your Extended Service Contract and all rights, obligations and limitations in connection with your Extended Service Contract are covered, controlled and governed by the Extended Service Contract between you and Provider. You may contact Administrator if you have questions regarding this coverage or would like to make a claim. Administrator can be reached by phone at 954.251.4533.

You understand, acknowledge and agree that, except with respect to your obligation to make payments to Warranty of America, the Service Contract and all rights, obligations, limitations, and liabilities associated with the Service Contract are solely between you and Provider. Under no circumstances will Warranty of America be liable to you or any other person or entity for any damages of any kind whatsoever arising out of or in connection with or related to the Service Contract, this Agreement, and/or your rights and/or obligations under the Service Contract and/or this Agreement. The provisions of this paragraph shall apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort, strict liability or otherwise. Notwithstanding the foregoing or anything to the contrary contained in this Agreement, to the extent this paragraph is not enforceable for any reason, any reference herein to Provider shall be deemed to include Warranty of America.

This Agreement and your online enrollment application contain the entire agreement between you, Warranty of America and/or Provider with respect to the Service Contract. In the event of a conflict between this Agreement and your online enrollment application, this Agreement shall control. This Agreement and your online enrollment application supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Warranty of America or between you and Provider with respect to your purchase of the Service Contract.

Definitions:

Accidental Damage from Handling (provided as an upgrade for an additional monthly fee for Cellular Equipment only) covers operational or mechanical failure from handling (including drops, spills and other accidents) and does not include protection against normal wear and tear, theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Covered Item, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between you and the service providers and any other limitations listed in the Limitations of Coverage section.

Authorized Servicer means a person authorized by Administrator to provide service for your Covered Item.

Breakdown means a mechanical or electrical failure or defect of the Covered Item(s) to perform their normal operation(s) as defined by the manufacturer. It includes a Breakdown experienced from normal wear and tear or caused by a direct result of a power surge.

Covered Item means Electronics, Appliances, Computers and Cell Phones that meet the following requirements:

Are purchased new during the Coverage Period or within 180 days prior to the Effective Date listed on the cover page of the Agreement (within 90 days for Cellular Equipment);
Have a purchase price of less than $5,000 (less than $900 for Cellular Equipment);
If purchased prior to the Effective Date, the Covered Item must have a minimum manufacturer’s warranty of twelve (12) months and must have been registered within 48 hours of the Effective Date;
If purchased on or after the Effective Date, the Covered Item must have a minimum manufacturer’s warranty of ninety (90) days and must have been registered within thirty (30) days of purchase.

Coverage Period means the period starting on the Effective Date. This Agreement will renew automatically on a monthly basis and will continue to renew until canceled or non-renewed by you or us, or if full payment is not received by us by the billing due date. The Coverage Period must continue without any lapse in payment (i.e., the Monthly Agreement Charge for this Agreement is not paid when due). If there is a lapse in payment a new agreement will only be issued if the Covered Item still qualifies by the standards shown above.

Monthly Agreement Charge means the monthly amount you agreed to pay for this program.

REGISTRATION OF ELIGIBLE PRODUCTS. The following items are eligible for coverage hereunder, if registered pursuant to this Agreement (Covered Items):

Electronics, including: Alarm Clocks, Camcorders (Analog and Digital), Cameras (Analog and Digital), Car Audio (Radios, Amplifiers, CD Players, CD Changers, Equalizers, Speakers, Subwoofers), Car Videos (DVD Players and Video Monitors), Home Audio Components (Non-Portable: Amplifiers, CD Players, CD Changers, CD Players/Recorders, CD Recorders, Equalizers, Receivers, Tuners), Home Speakers, Home Theatres in a Box, Home Video Products (DVD Players, TV/DVD Combos, TV/VCR Combos, TV/VCR/DVD Combos, Digital Video Recorders, Digital Satellite Systems, HDTV Receivers), MP3 Players, Portable Electronics (PDA’s, Satellite Radios, GPS, DVD Players, Telephones and Cellular Telephones), Radar Detectors, Boom boxes, Televisions (CRT Projection, CRT Televisions, Front Projectors, LCD Flat Panels, Micro display Rear, Projection and Plasma).

Appliances, including: Air Purifiers, Blenders, Bread Makers, Clothes Steamers, Coffee/Espresso Machines, Cook-tops, Dehumidifiers, Dishwashers, Disposals, Downdrafts, Dryers, Electronic Can or Jar Openers, Electronic Tooth Brushes, Electronic Shavers, Floor Cleaners, Food Processors, Freezers, Fryers, Griddles, Grills, Grinders, Hair Dryers, curling irons, flat irons, hot rollers, Humidifiers, Ice Machines (Free-standing), Indoor Grills, Irons, Juicers, Microwaves, Mini-Refrigerators/Freezers, Mixers, Ovens, Portable Heaters, Ranges, Range Hoods, Refrigerators, Rice Cookers/Steamers, Rotisseries, Electronic Ice Cream Makers, Electronic Pasta Makers Sewing Machines, Slow Cookers, Crock Pots, Steamers, Small Portable Appliances, Space Heaters, Stoves, Toaster or Toaster Ovens, Trash Compactors, Vacuums, Vacuum Sealers, Waffle Makers, Warming Drawers, Washers, Window Air Conditioners, and Wine Coolers.

Computers, including: Copiers, Desktop Computer Systems, External Electronic Computer Accessories and Electronic Peripheral Devices, Flat Screen Monitors, Laptop Computers, Monitors, Pocket PC’s, Printers (Laser, Dot Matrix, or Ink Jet), Printers (Multifunctional), and Paper Shredders.

Cellular Equipment and Accessories, including: Cellular Telephones, Standard Batteries, Cigarette Lighter Adapters, Leather Cases, Standard Chargers, and Standard Ear-Buds.

Upon the initial purchase of your Service Contract, you will be provided access to a web-based registration system through WarrantyofAmerica.com or you may call 954.251.4533 where you must register your eligible Covered Items. Subject to this Agreement, your Service Contract will repair or replace eligible Covered Items that are timely and correctly registered to your WarrantyofAmerica.com membership account due to Breakdown in such Covered Items.

To be covered under the Service Contract, a Covered Item must meet the following criteria:
The Covered Item must have been purchased new by you and with a manufacturer’s or store brand warranty with a term of (a) at least 12 months for Covered Items purchased prior to your purchase of the Service Contract and (b) at least 90 days for Covered Items purchased after your purchase of the Service Contract. Used Covered Items, Covered Items sold “as-is”, floor models, demonstration models and Covered Items sold without a manufacturer’s or store brand warranty are not covered.
Only Covered Items located within your primary residence are eligible for Coverage. Items purchased that are located in a commercial setting are excluded from coverage. Also, the Covered Item may not be identified by the manufacturer as a commercial product.
You must have your original sales receipt for the Covered Item or other proof of purchase approved by Provider in its sole discretion.
A Covered Item purchased more than 180-days (more than 90 days for Cellular Equipment) prior to your purchase of the Service Contract is not eligible. A Product purchased within the 180-day period (within the 90-day period for Cellular Equipment) prior to your purchase of the Service Contract is eligible if it is registered within 48 hours of your purchase of the Service Contract.
Covered Items purchased after your purchase of the Service Contract must be registered within 30 days of the date of purchase.
The Covered Item must have a purchase price of less than $5,000 ($900 for Cellular Equipment).
Coverage applies to Covered Items purchased and Breakdowns that occur within the fifty (50) states of the United States of America or the District of Columbia and Canada.
With respect to Cellular Equipment, there is a 30-day exclusion window after you first purchase your item. Coverage will not begin until thirty days have elapsed since Cellular Equipment is registered. The Service Contract Coverage includes standard battery, cigarette lighter adapter, leather case, standard AC charger and standard Ear-Bud. However, you may only register one of each item for each cell phone that you have registered. The standard Breakdown Coverage includes only one Cellular Equipment per household; however, additional coverage is available for an additional monthly charge for enhanced Accidental Damage from Handling for additional registered Cellular Equipment.

Also, the following deductible and processing fees will apply when claiming pursuant to the Accidental Damage from Handling coverage (e.g. drops, spills), in addition to any shipping charges you may incur pursuant to Section 3 below: $50.00 for Cellular Equipment that retails for $500 or less and $150 for Cellular Equipment that retails for more than $500. If your issue falls under the standard warranty terms (i.e., a mechanical or electrical failure or Breakdown), no deductible or processing fee applies.

No Lemon Policy: During the term of this Agreement, after three (3) service repairs have been completed on the same component of the Covered Item and that Covered Item’s component requires a fourth repair, as determined by us, at our discretion, we will replace that Covered Item with a Covered Item of comparable performance. Upon replacement, the replaced Covered Item’s coverage continues on the new Covered Item(s) and there is no longer any coverage for the replaced Covered Item under this Agreement. Battery and Lamp replacement claims are excluded from the No Lemon Policy.
Additional Coverage:
In the event that a registered eligible Covered Item is damaged by lightning or a power surge, you will have coverage under the Service Contract, excluding coverage for software and/or data, provided that you can supply proof that an approved power surge protector was in use at the time of the damage.
The Service Contract provides pixel coverage for video display Covered Items based on the manufacturer’s specifications but does not include any incidents of burn-in.
The coverage also includes lamp replacement for the DLP and LCD televisions and projectors. Coverage is limited to one (1) lamp replacement per registered Covered Item. In order for coverage to apply, one of the following events must occur: (1) the lamp must be completely burned out with no visible picture on the screen, or (2) a preset manufacturer message appears indicating that the lamp must be replaced. Upon determination of lamp failure, contact Administrator to arrange for an exchange. You will receive a replacement lamp from an authorized warehouse for installation by you. You may be required to return the original lamp to us, at our discretion.
SERVICE AGREEMENT. In the event of a Breakdown of a Covered Item, we will repair or replace the Covered Item for up to forty-eight (48) months from the purchase date of the Covered Item, subject to the limits set forth in Section 5 of this Agreement. Coverage begins on the date you purchase the Covered Item (or 30 days after, for Cellular Equipment) and terminates forty-eight (48) months from the purchase date, regardless of when the original manufacturer’s warranty terminates. To file a service request under your Extended Service Contract, log on to WarrantyofAmerica.com or call Administrator toll free at 954.251.4533 to request service on eligible Covered Items. All requests for service, questions and information relating to coverage should be directed to Administrator.

The web application or the phone support representative will request the serial number of your Covered Item and/or your membership number (provided when you register your Covered Items). All service is subject to Provider’s determination that you have complied with the terms and conditions of this Agreement. Only Breakdowns reported during the Coverage Period are eligible for service under the Service Contract.

You must provide to Administrator a valid receipt showing that the Covered Item was purchased during the Coverage Period or within six (6) months prior to the Effective Date.

Only repairs that have been authorized by Administrator prior to performance of work will be covered. Before you call Administrator, please verify that the failure of the Covered Item to function is not caused by circumstances such as the Covered Items not being switched on, being unplugged, or a fuse blown at the junction box. For Covered Items that use batteries as the prime power supply, or a remote control unit, please check that the batteries do not need replacing or recharging. You are responsible to back up all Computer software and data prior to commencement of a repair.

Other than with respect to the Accidental Damage from Handling coverage for Cellular Equipment, there is no deductible required to obtain service for your Covered Item. If your Covered Item is eligible for service, you will receive an authorization number and you will receive service on your Covered Item using the same type of service provided by the manufacturer’s warranty, which will be either:

Carry-In: Covered Products must be delivered and picked up by you at an authorized repair center (no more than 35 miles from your home address) during normal business hours. In the event a Covered Item must be shipped to an Authorized Servicer, we will pay for the return shipping cost, but we will not pay for the cost of shipping the Covered Item to the Authorized Servicer.

In-Home: Service will be performed in your home (you or another person who has reached the legal age of majority must be present at all times during the service call), or the Authorized Servicer or repair technician may opt to remove the Covered Item to perform service in-shop and will return the Covered Item upon completion. In the event a Covered Item must be shipped to an Authorized Servicer, we will pay for two-way shipping to the point of repair and thereafter. You will not be charged if an authorized technician comes to your house to repair a Covered Item unless your home is more than 30 miles from an Authorized Servicer.

Except as otherwise provided herein, the Service Contract provides the same protection as that provided by the Covered Item’s manufacturer’s or store brand warranty. Absent clear direction from such warranty provider, the determination of whether you will need to ship the Covered Item or take the Covered Item to a repair facility or whether a technician will come to your home, will be made by Provider in its sole discretion.

Notwithstanding anything to the contrary contained herein, coverage of Covered Items under the Service Contract is secondary to any other warranty including any extended warranty, insurance or indemnity available to you. Coverage is limited to only those amounts not covered by any Other Coverage. It is subject to the conditions, limitations, and exclusions described in this Agreement. In no event will coverage under this Agreement apply as contributing insurance. This Other Coverage clause will take precedence over a similar clause found in other warranty, insurance or indemnity language. If Provider repairs or replaces a Covered Item, you agree, if requested by Provider, to assign to Provider any rights of recovery that you may have against other persons or entities. You may not impair or waive any such rights.

Notwithstanding anything to the contrary contained herein, if no defect is found to your Covered Item or if the Breakdown of a Covered Item is not covered under this Agreement, you will be responsible for all costs incurred by Provider, including diagnostic tests and teardown. For example, if you shipped the Product to provider, you will be charged for the costs to ship the Covered Item back to you.

REPAIR OR REPLACEMENT. Through Administrator, we will repair or, at Provider’s discretion, replace the Covered Item, due to a Breakdown, that occurs during the Coverage Period. Parts will be replaced with those of like kind and quality (we cannot guarantee to match exact color, material, brand, size, or model), and may be new or remanufactured. We reserve the right to select and use parts other than original manufacturer parts. Parts used will be of like kind and quality.

Covered Items will be replaced with a Covered Item of similar or enhanced features, at our discretion, if:

(1) The Covered Item cannot be repaired;

(2) The cost of the repair exceeds the original purchase price; or

(3) Parts are no longer available or are discontinued by the manufacturer.

Costs related to removal and re-installation of any Covered Item under this Agreement are not covered. All replaced Covered Items and/or parts become the property of Provider. Once a Covered Item is repaired or replaced, it continues to be eligible for additional repair or replacement pursuant to the Service Contract unless otherwise determined by Provider.

SERVICE CONTRACT LIMITATIONS. Notwithstanding anything to the contrary contained herein:
You are limited to three (3) repair/replacement events for all of your registered eligible Covered Items in any rolling 12-month period.
Your Service Contract does not cover Covered Item Breakdown (a) as a result of misuse, abuse, negligence, spilled liquids or foreign objects found inside the Covered Item; (b) caused by accident, cracked lens elements, physically broken parts, theft, fire, flood, wind, Acts of God or war, or external causes such as, but not limited to, blown fuses, inadequate electrical power or improper voltage supply, water and gas lines beyond the equipment, plugged drains; (c) due to any use of the Covered Item not authorized by the manufacturer; or (d) due to a computer virus.
Your Service Contract does not cover consumables, customer instructions, set up, installation, de-installation, set up adjustments, reformatting, system software or data recovery, and does not cover Breakdown to Covered Items caused by set up, installation, de-installation, set up adjustments, reformatting, system software or data recovery.
The Service Contract does not cover (a) deterioration of the appearance of a Covered Item; (b) any cosmetic part of a Covered Item or finish defect including on accessories such as glass or plastic; or (c) dents, scratches, chips, peeling or breakage which do not affect the function of the Covered Item as specified by the manufacturer.
The Service Contract does not cover media, LCD screens, interchangeable lenses, cables, connectors, software, remotes, cradles, mounting brackets, speakers, wiring, inks, toner cartridges or paper.
The Service Contract does not cover parts or accessories that are used in conjunction with a Covered Item so as to enhance the performance of the Covered Item and does not include cleaning or preventative maintenance that may be required to maintain normal operation of a Covered Item.
The maximum liability for Covered Item replacement or repair shall not exceed the original purchase price paid by you for the Covered Item. If liability for Covered Item replacement or repair would exceed the original purchase price paid by you for the Covered Item, Provider may elect to pay you such purchase price and the Covered Item will become the property of Provider. The purchase price paid by you excludes any taxes, shipping, installation or other similar charges.
A Covered Item becomes ineligible for coverage if (a) it is used for commercial purposes or if it is rented; (b) any modification or repair is made to the Covered Item other than by Provider or pursuant to the manufacturer’s or store brand warranty; (c) it is subject to a manufacturer’s recall or rework regardless of the manufacturer’s ability to repair or replace the Covered Item and regardless of when the recall or rework occurs; (d) it is excluded from the Service Contract by Provider.
In addition, your Service Contract does not cover the following:

Covered Items not originally covered by a manufacturer’s warranty or any extended warranty;
Covered Item repairs that should be covered by the manufacturer’s warranty or store brand warranty, or are a result of a recall, regardless of the manufacturer’s or store’s ability to pay for such repairs;
Periodic checkups and/or preventative maintenance whether directed by the manufacturer or otherwise;
Any and all pre-existing conditions that occur prior to the Effective Date of this Agreement;
Any Covered Item sold “as-is” or without a manufacturer’s warranty or store brand warranty, including but not limited to floor models, demonstration models, etc;
Parts or repairs due to normal wear and tear unless tied to a Breakdown;
Damage from accident, abuse, misuse, mishandling, introduction of foreign objects into the Covered Item, unauthorized modifications or alterations to a Covered Item, failure to follow the manufacturer’s instructions, and external causes including third party actions, fire, theft, insects, animals, exposure to weather conditions, windstorm, sand, dirt, hail, earthquake, flood, water, acts of god or consequential loss of any nature;
Loss or damage caused by war, invasion or act of foreign enemy, hostilities, civil war, rebellion, riot, strike, labor disturbance, lockout, or civil commotion;
Incidental, consequential or secondary damages or delay in rendering service under this Agreement, or loss of use of the Covered Item;
Covered Items that are identified by the manufacturer as commercial products;
Covered Items purchased for resale;
Unauthorized repairs and/or parts;
Cost of installation, set-up, diagnostic charges, removal or reinstallation of the Covered Item, except as provided in this Agreement;
Accessories used in conjunction with a Covered Item unless the accessory is itself a Covered Item;
Any loss other than a Breakdown of the Covered Item or as specified under Accidental Damage from Handling;
Service where no problem can be found;
Breakdowns, which are not reported within the Coverage Period;
Items normally designed to be periodically replaced by you during the life of the Covered Item, including but not limited to batteries, etc.;
Nonfunctional or aesthetic parts including but not limited to plastic parts, knobs, rollers, baskets;
Any Breakdown caused by or related to any defect or damage caused by a computer virus;
Specific to Appliances:
1. Breakdowns as a result from rust or corrosion on any product or part;
2. Damage to clothing;
3. Abnormal variation of electricity or water supply other than a power surge;
4. Water and gas lines that are not a component of a Covered Item, including but not limited to, flexible lines, hoses, and connectors;
5. Damage incurred while moving the Covered Item to another location;
6. Reimbursement of food loss;
Specific to Computers and peripherals:
1. Any storage media damaged by malfunctioning part;
2. Improper installation of components or peripherals;
3. Repair or replacement of upgraded internal computer components when repair or replacement is required due to incompatibility of parts or incorrect installation;
4. Broken or cracked LCD screens in notebooks or portable computers and burned-in phosphor in CRT or any other type of display;
5. Application programs, operating software or other software, loss of data or restorations of programs;
6. Corruption of any program, data or setup information resident on any hard drives and internal or external removable storage devices, as a result of the malfunctioning or damage of an operating part, or as a result of any repairs or replacement under this Agreement.
Specific to Electronics:
1. Improper installation of components or peripherals;
2. Corruption of any recording media, including any program, data or setup information resident on any hard drives and internal or external removable storage devices, as a result of the malfunctioning or damage of an operating part, or as a result of any repairs or replacement under this Agreement;
3. Plasma televisions in use at or above 6000 ft above sea level;
4. Burned-in phosphor (including image ghosting) or pixel burnout not in accordance with the manufacturer’s specifications.
5. COVENTANTS, AGREEMENTS, REPRESENTATIONS AND WARRANTIES. You represent and warrant that (a) all information you submit to WarrantyofAmerica.com through the website or otherwise is truthful and accurate, and that you will maintain and update that information for the duration of your membership with WarrantyofAmerica.com; (b) you are 18 years of age or older; (c) that you have engaged in no fraud or misrepresentation in connection with any information you supply to WarrantyofAmerica.com; and (d) you are a resident of the United States or a member of the U.S. military or employee of the U.S. government living abroad.
6. Payment. For the duration of your membership with WarrantyofAmerica.com, you agree that you will pay WarrantyofAmerica.com the Monthly Agreement Charge and any applicable taxes for the Extended Service Contract issued by Obligor and administered by Administrator. Where required, you must provide WarrantyofAmerica.com with complete and accurate billing information, including name, address, telephone number, e-mail address, credit card information and where applicable, a valid promotional code. By providing a credit card number, you grant WarrantyofAmerica.com the authority to bill Monthly Agreement Charges to that credit card. When elected by you, we may bill you through your local exchange carrier (LEC), your utility provider or the automated clearing house (ACH). Monthly Agreement Charges will be billed automatically to that credit card, the local exchange carrier, utility or financial institution while you are a WarrantyofAmerica.com member. For assistance with billing questions, please contact us at www.WarrantyofAmerica.com or 954.251.4533.
7. Adjustment To Monthly Agreement Charge. Warranty of America reserves the right to modify and/or increase the Monthly Agreement Charge in accordance with the terms and conditions of this Agreement. Notice of change to the Monthly Agreement Charge will be given to you, in writing, at least sixty (60) days prior to implementation. We will not change the Monthly Agreement Charge more than once during a given calendar year (January to December). If the Monthly Agreement Charge is changed, you will be given the following options: 1) pay the new Monthly Agreement Charge and coverage will continue for all registered Covered Items and future purchases; 2) pay the current Monthly Agreement Charge and only Covered Items registered prior to the effective date of the new Monthly Agreement Charge will be covered; or 3) make payments up to the effective date of the change of the Monthly Agreement Charge and cancel this Agreement as of the effective date of the change of the Monthly Agreement Charge.
8. Transfers. Your rights and duties under this Agreement and the Service Contract are not transferable.
9. Communications With Third Parties. Your dealings or communications with any party other than WarrantyofAmerica.com, including without limitation your dealings with Provider, Obligor and Administrator are solely between you and that third party. Under no circumstances will WarrantyofAmerica.com be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto, even if such communications were initiated through the WarrantyofAmerica.com website.
10. Use Of Materials On This Website. WarrantyofAmerica.com invites you to view and use a single copy of the Website. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from or through the Website.
11. Links From This Website And Use Of Marks. The Website may contain links to websites operated by other parties. WarrantyofAmerica.com provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of WarrantyofAmerica.com, and WarrantyofAmerica.com is not responsible for the content available on the other sites. Such links do not imply WarrantyofAmerica.com’s endorsement of information or material on any other site and WarrantyofAmerica.com disclaims all liability with regard to your access to and use of such linked websites.
12. Trademarks. WarrantyofAmerica.com is a service mark of Warranty of America. Unauthorized use of any WarrantyofAmerica.com trademark, service mark or logo may be a violation of federal and state trademark laws.
13. Copyright. The Website is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without WarrantyofAmerica.com’s express prior written permission.
14. Location. The Website is operated by WarrantyofAmerica.com from its offices in the United States. Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
15. Privacy Notice. By using the Website, you acknowledge that WarrantyofAmerica.com may collect, use and disclose your information as necessary and as commercially reasonable. As part of the Service Contract, you will provide Warranty of America and Provider with certain self-reported information, including personal information and information regarding your eligible Covered Items. You agree to provide true and accurate information, and to provide Warranty of America and Provider with prompt updates to such information if it becomes untrue or inaccurate. You authorize Warranty of America and/or Provider to use any of your self-reported information in connection with the Service Contract, including providing your self-reported information to third parties. You also authorize the use of your self-reported information in the manner described in our Privacy Policy. You must be at least 18 years of age to purchase the Service Contract.
16. Email. Email submissions over the internet may not be secure. Please do not submit any personal confidential information via email correspondence to WarrantyofAmerica.com.
17. Insurance. This Service Contract is not a contract of insurance; however, the obligations hereunder are fully insured. If you have filed a claim under this Service Contract and do not receive service within 60 days or if you are otherwise dissatisfied, you may file a claim directly with the insurance company at Extended Service Contract, Cornerstone Consumer Product Services, LLC, 3707 FM 1960 West, Suite 450, Houston, TX 77068, Phone: 954.251.4533.
18. COVERAGE PERIOD; CANCELLATION AND NON-RENEWAL. Your Service Contract begins on the date that you make your payment for the first month of coverage or on the date your trial period commences, if applicable. Your Service Contract will automatically renew on a monthly basis on the same day of each month thereafter unless cancelled by you or not renewed by Provider or if full payment for a month is not received by the due date for such payment. Each month during which the Service Contract is in effect is referred to herein as a “Service Month.” Coverage for eligible Covered Items begins on the date of registration of the eligible Covered Item and continues until the earlier of (a) the date that the Service Contract is no longer in effect and (b) four years from your original purchase date of the Covered Item.

You may notify Provider that you desire to cancel your Service Contract for any reason by calling 954.251.4533 or logging in to WarrantyofAmerica.com. Cancellation becomes effective as of the last day of your then Service Month. Unless required by applicable law, you will not receive a refund if you submit your cancellation request in the middle of a Service Month. The Service Contract will automatically cancel if you do not pay the full Monthly Agreement Charge by the billing due date. Provider may cancel your Service Contract if you breach any of this Agreement, or at any time for fraud, material misrepresentation or non-payment by you, or if required to do so by a regulatory authority, by providing notice to the email address you provided to us. Notice of such cancellation, when possible, will be given to you in writing at least thirty (30) days prior to cancellation. If we cancel, you will receive a refund of the current Monthly Agreement Charge. Your rights under your Extended Service Contract will automatically terminate upon the cancellation of the Service Contract.

In the event that this Agreement is non-renewed by us, you will receive written notice ninety (90) days prior to the non-renewal. If this Agreement is non-renewed, you will be given two options: 1) continue paying the Monthly Agreement Charge and receive coverage for all existing Covered Items that have been registered prior to the effective date of the non-renewal for up to forty-eight (48) months; or 2) make payments up to the Agreement non-renewal date and only receive coverage up to the non-renewal date.

Once the Service Contract is cancelled or not renewed, Covered Items are no longer covered under the Service Contract. If your Service Contract is cancelled, or if you do not make full payment for a month by the due date therefore, and you subsequently make a payment, you will be purchasing a new Service Contract and will be subject to all of the terms of that new Service Contract. If your Agreement is terminated, we will not reinstate your Agreement.

AMENDMENTS/CHANGES TO THIS AGREEMENT. We may amend this Agreement, this Agreement or the Service Contract at any time by posting the amended Agreement on the WarrantyofAmerica.com website and/or providing notice to the email address attached to your account. For your convenience, the date of last revision is included at the top of this page. Notwithstanding the foregoing, so long as your Service Contract remains in effect, the Terms and Conditions that were in effect when you first purchased the Service Contract shall apply if you object in writing to any proposed amendment or change to such Terms and Conditions.
DISCLAIMERS; LIMITATION OF LIABILITY. ANY EXTENDED SERVICE CONTRACT, SERVICES AND THE WEBSITE OFFERED BY WARRANTYOFAMERICA.COM ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WARRANTYOFAMERICA.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR AVAILABILITY OF ANY EXTENDED SERVICE CONTRACT, SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY EXTENDED SERVICE CONTRACT ISSUED AND/OR SERVICED BY OBLIGOR AND/OR ADMINISTRATOR.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS AGREEMENT OR WARRANTYOFAMERICA.COM’S SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.

WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF PROVIDER AND ITS STOCKHOLDERS, MEMBERS, PARTNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS (EACH A “PROVIDER RELATED PARTY”) TO YOU FOR ANY ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE OR LOSS IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THE SERVICE CONTRACT, THIS AGREEMENT, AND/OR YOUR RIGHTS AND/OR OBLIGATIONS UNDER THE SERVICE CONTRACT AND/OR THIS AGREEMENT SHALL BE LIMITED TO (I.E., MAY NOT BE MORE THAN, BUT CAN BE LESS THAN) THE FEES PAID BY YOU TO PARTICIPATE IN THE SERVICE CONTRACT DURING THE SIX MONTH PERIOD PRIOR TO THE DATE THAT THE APPLICABLE CAUSE OF ACTION AROSE.

IN NO EVENT SHALL PROVIDER OR ANY PROVIDER RELATED PARTY BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF USE, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNATIVE DAMAGES OF ANY KIND WHATSOEVER, EVEN IF PROVDIER OR A PROVIDER RELATED PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR WAS NEGLIGENT.

THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE. IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY, LIABILITY HEREUNDER IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNITY. You agree to indemnify, defend and hold WarrantyofAmerica.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement.
DISPUTE RESOLUTION – ARBITRATION. This Agreement requires binding arbitration if there is an unresolved dispute between you and us concerning this Agreement (including the cost of, lack of, or actual repair or replacement arising from, a Breakdown). Under this Arbitration provision, you give up your right to resolve any dispute arising from this Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, one arbitrator (who is an independent, neutral third party) will give a decision after hearing your and our positions. The decision of the arbitrator will determine the outcome of the arbitration and the decision of the arbitrator shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law.

To start arbitration, either you or we must make a written demand to the other party for arbitration. This demand must be made within six (6) months of the earlier of the date the Breakdown occurred or the dispute arose. You and Provider shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules of the applicable Arbitration Organization. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.

Unless otherwise agreed to by you and us, the arbitration will take place in the county and state in which Provider’s office is located. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Agreement. The laws of the state of Texas (without giving effect to its conflict of law principles) govern all matters arising out of or relating to this Agreement and all transactions contemplated by this Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Agreement.

Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this section, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 16 of this Agreement shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

No Class Action. This Agreement provide that all Claims will be resolved by binding arbitration and not in court or by jury trial. BECAUSE THE ARBITRATION WILL BE ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST PROVIDER OR ANY OTHER PERSON OR ENTITY, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS MEANS THAT YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
California Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
VIOLATIONS AND ADDITIONAL POLICIES. WarrantyofAmerica.com reserves the right to seek all remedies available at law and in equity for violations of this Agreement.
JURISDICTION AND VENUE. TO THE EXTENT A CLAIM IS NOT GOVERNED BY SECTION 11 HEREOF (THE ARBITRATION CLAUSE), EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THE SERVICE CONTRACT, THIS AGREEMENT, AND/OR YOUR RIGHTS AND/OR OBLIGATIONS UNDER THE SERVICE CONTRACT AND/OR THIS AGREEMENT SHALL BE THE UNITED STATES DISTRICT COURT OR THE APPLICABLE STATE COURT LOCATED IN TEXAS. IN ADDITION, AND NOTWITHSTANDING THE FOREGOING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. FINAL JUDGMENT IN ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT SHALL BE CONCLUSIVE AND BINDING UPON YOU AND MAY BE ENFORCED IN ANY COURT IN WHICH YOU ARE SUBJECT TO JURISDICTION BY A SUIT UPON SUCH JUDGMENT.
WAIVER OF TRIAL BY JURY. TO THE EXTENT A CLAIM IS NOT GOVERNED BY SECTION 11 HEREOF (THE ARBITRATION CLAUSE), YOU AND PROVIDER EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY SUIT, ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY IS A PARTY, AS TO ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THE SERVICE CONTRACT, THIS AGREEMENT, AND/OR YOUR RIGHTS AND/OR OBLIGATIONS UNDER THE SERVICE CONTRACT AND/OR THIS AGREEMENT.
MISCELLANEOUS.
Notices. All notices, requests, consents, demands or other communications that may be or are required to be given under this Agreement shall be in writing and shall be deemed duly given and received (a) upon personal delivery to the party to whom it is directed; (b) seven days after being sent by certified or registered mail return receipt requested, to the party to whom it is directed, postage and charges pre-paid; (c) one business day after being sent by express overnight delivery by a national carrier to the party to whom it is directed; (d) upon being transmitted by facsimile to the party to whom it is directed so long as the sender retains the confirmation copy indicating that the facsimile was received by the party to whom it is directed; or (e) upon actual receipt if sent by electronic mail or any other electronic means (electronic mail or any other electronic means shall constitute a writing for purposes of this Agreement). All notices, requests, consents, demands and other communications (i) to you, shall be addressed at the address you provided in connection with your purchase of the Service Contract and (ii) to Provider, shall be addressed to c/o Cornerstone Consumer Product Services, LLC, 3707 FM 1960 West, Suite 450, Houston, TX 77068.
Force Majeure. In the event Provider or any other party that is to provide goods and/or services to you to or in connection with the Service Contract and/or this Agreement shall be delayed or hindered in, or prevented from, the performance of any act required of it by reason of failure of power, telecommunications or connectivity failure, computer malfunctions, restrictive governmental laws or regulations, a labor dispute, industry disturbance, fire, unusually severe weather conditions, riot, insurrection, war, act of terrorism, act of God or any circumstance or cause beyond the control of such party in the reasonable conduct of its business (each such cause or event being hereinafter referred to as a “Force Majeure”), then performance of such acts will be excused for the period of the delay and the period for performance of any such act shall be extended for a period equivalent to the period of such delay.
Opportunity to Cure. Prior to taking any action against Provider or any other person or entity arising out of or in connection with or related to the Service Contract, this Agreement, and/or your rights and/or obligations under the Service Contract and/or this Agreement, you shall provide Provider with thirty days advance written notice so that the relevant parties may seek to resolve amicably any disputes.
Taxes. If the price set forth for the Service Contract on the WarrantyofAmerica.com website or webpage does not include sales, use, excise or any other tax or assessment that may be levied by any governmental authority, Warranty of America or Provider may add any such sales, use, excise or other tax or assessment to the amounts to be paid by you. In addition, upon demand, you agree to pay to Warranty of America or Provider any sales, use, excise or any other tax or assessment levied by any governmental authority with respect to the Service Contract.
Severability. Except as otherwise expressly provided by this Agreement, if any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Waiver of Contractual Right. The failure of Provider to enforce any provision of this Agreement shall not be construed as a waiver or limitation of Provider’s right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
Parties in Interest. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by you and Provider and your and Provider’s respective successors, heirs, legatees, personal representatives and permitted assigns. You may not assign, delegate or otherwise convey any of your rights under the Service Contract or under this Agreement (by operation of law or otherwise). Provider may assign its rights and obligations under the Service Contract and this Agreement to any other person or entity. Warranty of America is an intended third party beneficiary of the agreements made by you in this Agreement with the right to enforce this Agreement against you to the same degree and to the same extent that they may be enforced by Provider.
Headings. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the context may require.
Printed Terms of Use Admissible. A printed version of this Agreement and of any notice given in electronic form shall be admissible in any proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding any law or conflicts of law principle that would apply the law of another jurisdiction.
Survival. The provisions of this Agreement that by their nature are reasonably intended to survive your ceasing to participate in the Service Contract, shall survive your ceasing to participate in the Service Contract.
STATE AMENDMENTS. Please see Exhibit A, attached hereto and incorporated by reference herein, for any State specific amendments to your Service Contract. If you are a resident of one of the States listed on Exhibit A, then this Agreement is amended to the extent provided on Exhibit A.

EXHIBIT A

STATE SPECIFIC AMENDMENTS

State Amendments:

In Arizona: Under “General Provisions,” #11 is amended to include: Arbitration may not conflict with the provisions of A.R.S. §§ 20-1095.04 and 20-1095.09.

In California: Under “General Provisions,” #1.a is amended to include the following: In the event you cancel this Agreement within sixty (60) days of receipt of this Agreement, you shall receive a full refund of any payments made by you under this Agreement. If you cancel your Agreement within sixty (60) days of receipt of this Agreement, and do not receive a refund or credit within sixty (60) days of receipt of the returned service Agreement, a ten percent (10%) penalty per month shall be applied to the refund. Under “General Provisions,” #11 is amended to include: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, you may contact BEAR at 1-800-952-5210, or you may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highlands, California, 95660, or you may visit their website at www.bear.ca.gov.

In Connecticut: Under “General Provisions,” #11 is amended as follows: The State of Connecticut has established an arbitration process to settle disputes arising from this Agreement. A written complaint may be mailed to: State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0186, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the appliance, and a copy of this Agreement. The following statement has been added: In the event a Covered Item is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended for the failed Covered Item only until the Covered Item’s repair has been completed. Under “General Provisions,” #1 is amended to include the following: You do not have the right to cancel this Agreement if the Covered Item is lost, stolen or destroyed.

In Florida: Under “General Provisions,” #1.b is amended to include the following: In the event of cancellation by us, you shall be entitled to one hundred percent (100%) of the unearned pro-rata premium. Under “General Provisions,” #11 Arbitration has been deleted in its entirety.

In Georgia: Under “General Provisions,” #1 is amended to include the following: Cancellations will comply with Section 33-24-44 of the Code of Georgia. In the event of cancellation, we cannot demand immediate payment of the cost of all service provided to you. Any refund owed and not paid as required is subject to a penalty equal to 25% of the refund owed and interest of 18% per year until paid; however, such penalty shall not exceed 50% of the amount of the refund. Under “General Provisions,” #11 is deleted in its entirety.

In Michigan: The following statement has been added: If performance under this Agreement is interrupted because of a strike or work stoppage at our place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.

In New Hampshire: The following statement has been added: In the event you do not receive satisfaction under this Agreement, you may contact the New Hampshire Insurance Department at New Hampshire Insurance Department, 21 South Fruit Street, Concord, New Hampshire 03301, telephone number 603-271-2261.

In New Mexico: Under “General Provisions,” #1 is amended to include the following: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within sixty (60) days of receipt of returned service agreement. We may not cancel this Agreement without providing you with written notice at least 15 days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Agreement has been in force for a period of seventy (70) days, we may not cancel before the expiration of the Agreement term or one (1) year, whichever occurs first, unless: 1) you fail to pay any amount due; 2) you are convicted of a crime which results in an increase in the service required under the Agreement; 3) you engage in fraud or material misrepresentation in obtaining this Agreement; or 4) you commit any act, omission, or violation of any terms of this Agreement after the Effective Date of this Agreement which substantially and materially increase the service required under this Agreement.

In North Carolina: Under “General Provisions,” #1.b is amended to include the following: We may not cancel this Agreement except for nonpayment by you or for violation of any of the terms and conditions of this Agreement.

In Oklahoma: The following statement has been added: Notice: This Agreement is not issued by the manufacturer or wholesale company marketing the Covered Items covered by this Agreement. This Agreement will not be honored by such manufacturer or wholesale company.

In South Carolina: The following statement has been added: If you purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number 803-737-6180.

In Texas: The following statement has been added: Unresolved complaints or questions concerning the regulation of service Agreements may be addressed to the Texas Department of Licensing and Regulation at PO Box, 12157, Austin, TX 78711, telephone number 800-803-9202.

In Utah: Under “General Provisions,” #1 cancellation is amended as follows: we can cancel the Agreement during the first sixty (60) days of the initial annual term by mailing to you a notice of cancellation at least thirty (30) days prior to the effective date of cancellation, except that we can also cancel the Agreement during such time period for nonpayment of premium by mailing you a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, we may cancel the Agreement by mailing a cancellation notice to you at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) material misrepresentation; (b) substantial change in the risk assumed, unless we should reasonably have foreseen the change or contemplated the risk when entering into the Agreement; or (c) substantial breaches of contractual duties, conditions, or warranties. Under Section (H) “General Provisions,” the following statement has been added: Proof of loss should be furnished by you to us as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this agreement does not invalidate or reduce a claim. Section (H) “General Provisions” #11 is amended as follows: Binding Arbitration: Any matter 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. There is no time limit to request arbitration. The following statement has been added: Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guarantee Association.

In Washington: Under “General Provisions” #1 is amended to include the following: We may not cancel this Agreement without providing you with written notice at least twenty-one (21) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. The following statement has been added: Obligations of the obligor are insured by a service agreement reimbursement policy with WOA Insurance Company, 5011 S State Road 7, Suite 106, Davie, FL 33314. You may make a claim directly with WOA Insurance Company who insures the obligations under this contract, at the following address: WOA Insurance Company, 5011 S State Road 7, Suite 106, Davie, FL 33314.

In Wisconsin: Under “General Provisions,” the following statement has been added: You will be made whole before the insurer may retain amounts it has recovered. “How to File a Claim” is amended to include the following: Proof of loss should be furnished by you to Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. The following statement has been added: Notice: THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Under “General Provisions,” #11 is amended to include the following: Arbitration must be agreed to by all parties involved. Under “General Provisions,” #5 is amended to include: We can only change the rate upon renewal. Any rate increase will not exceed 25% of the Monthly Agreement Charge. Under “Exclusions,” the following statement has been removed: Unauthorized repairs and/or parts.

In Wyoming: Under “General Provisions,” #11 is amended to include the following: Arbitration can only be final and binding, if agreed to by the parties involved, and in a separate written Agreement. The following statement has been added: This Agreement does not exclude pre-existing conditions.

In Alabama, Arkansas, Missouri, New York, Oregon, South Carolina, Vermont, and Washington: The following statement has been added: Emergency repairs: In the event an emergency repair is required outside of the normal business hours of Administrator, you may engage your own licensed repair provider without prior authorization. Emergency repair is defined as a Breakdown that creates a risk to health or property and that such failure requires an immediate repair be made.

In Alabama, Arkansas, Hawaii, Maryland, Minnesota, New York, South Carolina, Texas, Washington, and Wyoming: Under “General Provisions,” #1 is amended to include the following: If you cancel your Agreement within thirty (30) days of receipt of your Agreement and do not receive a refund or credit within thirty (30) days of receipt of the returned service Agreement, a ten percent (10%) penalty per month shall be applied to the refund.

In Alabama, Arkansas, Arizona, Hawaii, Missouri, New Hampshire, New Mexico, New York, South Carolina, Texas, Utah, and Washington: The following statement has been added: This Agreement does not exclude pre-existing conditions.

In Arizona, Florida, Georgia, Nevada, Oklahoma, and Wisconsin: Under “General Provisions,” #1.a is replaced the following: You may cancel this Agreement for any reason at any time. To cancel this Agreement, you must provide notification to Administrator or us. If you cancel this Agreement, you will receive a refund of the current Monthly Agreement Charge. Your Agreement will automatically terminate for non-payment of the full Monthly Agreement Charge by the billing due date. If your Agreement is terminated, we will not reinstate your Agreement.

In Arkansas and Missouri: The following statement has been added: This is not a contract of insurance. Our obligations are insured by a contractual liability insurance policy with WOA Insurance Company, 5011 S State Road 7, Suite 106, Davie, FL 33314. If Administrator does not pay a claim or provide service within sixty (60) days of submitting the claim, the claim can be submitted to WOA Insurance Company, 5011 S State Road 7, Suite 106, Davie, FL 33314. A claim against the provider may include a claim for return of the unearned provider fee in the event of a cancellation.

In Alabama, Arizona, Connecticut, Georgia, Illinois, Kentucky, Montana, New Hampshire, New York, North Carolina, Ohio, Texas, Utah, Wisconsin and Wyoming: The following statement has been added: This is not a contract of insurance. Our obligations are insured by a contractual liability insurance policy with WOA Insurance Company, 5011 S State Road 7, Suite 106, Davie, FL 33314. If Administrator does not pay a claim or provide service within sixty (60) days of submitting the claim, the claim can be submitted to WOA Insurance Company, 5011 S State Road 7, Suite 106, Davie, FL 33314.

In Hawaii, Minnesota, Nevada, Oregon, and South Carolina: The following statement has been added: This is not a contract of insurance. Our obligations are insured by a contractual liability insurance policy with Underwriter WOA Insurance Company, 5011 S State Road 7, Suite 106, Davie, FL 33314.