ADJUSTABLE BED PROTECTION PLAN AGREEMENT

Terms and Conditions

SECTION 1 – DEFINITIONS

Where used in this Agreement the terms below shall have the following meaning:

"Administrator": The company responsible for administrating benefits to You in accordance with the Protection Agreement terms and conditions is Seel Warranty Services, Inc, who can be contacted at 447 Sutter St, Suite 405, #1122, San Francisco, CA, 94108, Toll Free Phone Number 844-696-1217].

"Obligor/Provider", "We", "Us" and "Our": The company obligated under this Protection Agreement is First Shield Consumer Service Corporation located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108 [833-739-2987]. In Florida, the Obligor is First Shield Consumer Service Corporation of Florida located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108 [833-739-2987].

"You" or "Your": means the consumer or purchaser of the Adjustable Bed covered by this Agreement including the lessor of the Adjustable Bed ("Lessor"), if the Adjustable Bed was acquired under a lease-to-own arrangement ("LTO Arrangement").

"Protection Agreement", "Agreement" and "Plan": The specific "Coverage Plan Option" under this Agreement that You have selected and purchased, as confirmed on Your Sales Receipt/Invoice.

"Retailer" and "Selling Entity": The authorized seller of the Covered Adjustable Bed and this Protection Agreement.

"Adjustable Bed" means a new bed that can be positioned other than horizontal with the usage of mechanical components purchased from a Retailer on the same date You purchased this Agreement.

"Sales Receipt/Invoice": means the original purchase receipt that You received when You purchased this Agreement that will describe, among other things, (a) Your Coverage Period (b) the specific Adjustable Bed You purchased and (c) whether You are entitled to repair protection or replacement protection or both.

"Coverage Period": means the period of time that You are eligible for coverage under this Agreement beginning with the date of purchase of this Agreement (which must be the same date You purchased the Adjustable Bed) as stated on Your Receipt and ending on the earlier of (i) the number of years stated on Your Receipt, which shall be [5 years or 10 years], or for any extended period granted by Us in accordance with this Agreement (ii) the date Your Adjustable Bed is replaced or You receive a Credit for Your Adjustable Bed as provided in this Agreement, or (iii) Your or Our cancellation of this Agreement as provided herein.

"Credit": means a check, gift card or voucher in the amount of the original purchase price of the Adjustable Bed excluding taxes, shipping and handling charges.

"Claim": A request for service under the provisions of this Protection Agreement.

"LTO Arrangement": means a lease to own arrangement

Where used in this Agreement the terms below shall have the following meaning:

"Administrator": The company responsible for administrating benefits to You in accordance with the Protection Agreement terms and conditions is Seel Warranty Services, Inc, who can be contacted at 447 Sutter St, Suite 405, #1122, San Francisco, CA, 94108, Toll Free Phone Number 844-696-1217].

"Obligor/Provider", "We", "Us" and "Our": The company obligated under this Protection Agreement is First Shield Consumer Service Corporation located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108 [833-739-2987]. In Florida, the Obligor is First Shield Consumer Service Corporation of Florida located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108 [833-739-2987].

"You" or "Your": means the consumer or purchaser of the Adjustable Bed covered by this Agreement including the lessor of the Adjustable Bed ("Lessor"), if the Adjustable Bed was acquired under a lease-to-own arrangement ("LTO Arrangement").

"Protection Agreement", "Agreement" and "Plan": The specific "Coverage Plan Option" under this Agreement that You have selected and purchased, as confirmed on Your Sales Receipt/Invoice.

"Retailer" and "Selling Entity": The authorized seller of the Covered Adjustable Bed and this Protection Agreement.

"Adjustable Bed" means a new bed that can be positioned other than horizontal with the usage of mechanical components purchased from a Retailer on the same date You purchased this Agreement.

"Sales Receipt/Invoice": means the original purchase receipt that You received when You purchased this Agreement that will describe, among other things, (a) Your Coverage Period (b) the specific Adjustable Bed You purchased and (c) whether You are entitled to repair protection or replacement protection or both.

"Coverage Period": means the period of time that You are eligible for coverage under this Agreement beginning with the date of purchase of this Agreement (which must be the same date You purchased the Adjustable Bed) as stated on Your Receipt and ending on the earlier of (i) the number of years stated on Your Receipt, which shall be [5 years or 10 years], or for any extended period granted by Us in accordance with this Agreement (ii) the date Your Adjustable Bed is replaced or You receive a Credit for Your Adjustable Bed as provided in this Agreement, or (iii) Your or Our cancellation of this Agreement as provided herein.

"Credit": means a check, gift card or voucher in the amount of the original purchase price of the Adjustable Bed excluding taxes, shipping and handling charges.

"Claim": A request for service under the provisions of this Protection Agreement.

"LTO Arrangement": means a lease to own arrangement

SECTION 2 – AGREEMENT TERM

The term for this Agreement is the Coverage Period, and coverage begins on the date this Agreement is purchased as shown on Your Receipt.

QUALIFYING ADJUSTABLE BED.

The term for this Agreement is the Coverage Period, and coverage begins on the date this Agreement is purchased as shown on Your Receipt.

QUALIFYING ADJUSTABLE BED.

SECTION 3 – WHAT IS COVERED

In consideration of payment of the Agreement price, the Receipt portion of this Agreement will describe whether You are entitled to repair protection or replacement protection of the Adjustable Bed, each of which are subject to the terms and conditions below. This Agreement does not cover repair or replacement of the Adjustable Bed for damage or other losses arising from any of the causes set forth in the section entitled Important Exclusions

a) Repair Protection. If Your Adjustable Bed is eligible for repair protection, this Agreement provides for the repair of Your Adjustable Bed to its standard operating condition provided that the Adjustable Bed, during normal usage, fails to perform its intended functions due to (i) normal wear and tear, (ii) mechanical or electrical failure, or (iii) a defect in materials or workmanship.

b) Replacement Protection. If Your Adjustable Bed is eligible for replacement protection, this Agreement provides for a one-time replacement of Your Adjustable Bed throughout the term of this Agreement provided that the Adjustable Bed, during normal usage, fails to perform its intended functions due to (i) normal wear and tear, (ii) mechanical or electric failure, or (iii) a defect in materials or workmanship. The replacement Adjustable Bed may be new or refurbished and will perform to the same factory specifications as the original Adjustable Bed. If a product of like kind and quality is unavailable, You may receive a Credit, at Our discretion. Upon receipt of a replacement Adjustable Bed or a Credit, the Coverage Period will end and this Agreement will terminate.

c) Power Surge Protection. This Agreement provides power surge protection from the date of purchase of the Adjustable Bed stated on Your Receipt in the absence of any other insurance coverage. If Your Adjustable Bed is damaged as a result of a power surge, We will service Your Adjustable Bed in accordance with the terms herein.

d) No Lemon Guarantee. Following the expiration of the manufacturer's warranty term and after three service repairs have been completed for the same problem on Your Adjustable Bed and a fourth repair is required, as determined by Us, We reserve the right to (a) replace the Adjustable Bed with one of like kind and quality, not to exceed the original purchase price of the Adjustable Bed, or (b) provide You with a Credit. This clause will be exercised at Our sole discretion.

e) Adjustable Bed Devices. This Agreement covers defects or damage to the Adjustable Bed devices which have occurred during normal residential use which are: Adjustable Bed base motor, mechanisms, electrical components, and controllers.

In consideration of payment of the Agreement price, the Receipt portion of this Agreement will describe whether You are entitled to repair protection or replacement protection of the Adjustable Bed, each of which are subject to the terms and conditions below. This Agreement does not cover repair or replacement of the Adjustable Bed for damage or other losses arising from any of the causes set forth in the section entitled Important Exclusions

a) Repair Protection. If Your Adjustable Bed is eligible for repair protection, this Agreement provides for the repair of Your Adjustable Bed to its standard operating condition provided that the Adjustable Bed, during normal usage, fails to perform its intended functions due to (i) normal wear and tear, (ii) mechanical or electrical failure, or (iii) a defect in materials or workmanship.

b) Replacement Protection. If Your Adjustable Bed is eligible for replacement protection, this Agreement provides for a one-time replacement of Your Adjustable Bed throughout the term of this Agreement provided that the Adjustable Bed, during normal usage, fails to perform its intended functions due to (i) normal wear and tear, (ii) mechanical or electric failure, or (iii) a defect in materials or workmanship. The replacement Adjustable Bed may be new or refurbished and will perform to the same factory specifications as the original Adjustable Bed. If a product of like kind and quality is unavailable, You may receive a Credit, at Our discretion. Upon receipt of a replacement Adjustable Bed or a Credit, the Coverage Period will end and this Agreement will terminate.

c) Power Surge Protection. This Agreement provides power surge protection from the date of purchase of the Adjustable Bed stated on Your Receipt in the absence of any other insurance coverage. If Your Adjustable Bed is damaged as a result of a power surge, We will service Your Adjustable Bed in accordance with the terms herein.

d) No Lemon Guarantee. Following the expiration of the manufacturer's warranty term and after three service repairs have been completed for the same problem on Your Adjustable Bed and a fourth repair is required, as determined by Us, We reserve the right to (a) replace the Adjustable Bed with one of like kind and quality, not to exceed the original purchase price of the Adjustable Bed, or (b) provide You with a Credit. This clause will be exercised at Our sole discretion.

e) Adjustable Bed Devices. This Agreement covers defects or damage to the Adjustable Bed devices which have occurred during normal residential use which are: Adjustable Bed base motor, mechanisms, electrical components, and controllers.

SECTION 4 – LTO ARRANGEMENTS

If the Adjustable Bed was initially acquired under a LTO Arrangement, any cash settlement or refund will be paid to the owner of the Adjustable Bed at the time the settlement is made. This will be the Lessor if You have not yet acquired ownership of the Adjustable Bed. In all other respects, the Lessee will retain a beneficial interest in this Agreement and all non-cash benefits described herein shall be rendered to the Lessee. Any owner obligations related to maintenance of the Adjustable Bed shall be the responsibility of the Lessee during the term of any LTO Arrangement except as provided by law. Any reference to purchased, sold, or similar terms shall include leased and its derivatives. Any reference to purchaser shall mean the Lessee under the LTO Arrangement and not the Lessor.

If the Adjustable Bed was initially acquired under a LTO Arrangement, any cash settlement or refund will be paid to the owner of the Adjustable Bed at the time the settlement is made. This will be the Lessor if You have not yet acquired ownership of the Adjustable Bed. In all other respects, the Lessee will retain a beneficial interest in this Agreement and all non-cash benefits described herein shall be rendered to the Lessee. Any owner obligations related to maintenance of the Adjustable Bed shall be the responsibility of the Lessee during the term of any LTO Arrangement except as provided by law. Any reference to purchased, sold, or similar terms shall include leased and its derivatives. Any reference to purchaser shall mean the Lessee under the LTO Arrangement and not the Lessor.

SECTION 5 – LIMIT OF LIABILITY

The total amount that We will pay for repairs made in connection with all Claims that You make pursuant to this Agreement shall not exceed the Credit. In the event that We make payments for repairs, which in the aggregate, are equal to the Credit or We replace the Adjustable Bed with a new, rebuilt or refurbished Adjustable Bed of equal or similar features and functionality, We will have no further obligations under this Agreement.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, OR LOST TIME RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABIITY TO RENDER SERVICE.

The total amount that We will pay for repairs made in connection with all Claims that You make pursuant to this Agreement shall not exceed the Credit. In the event that We make payments for repairs, which in the aggregate, are equal to the Credit or We replace the Adjustable Bed with a new, rebuilt or refurbished Adjustable Bed of equal or similar features and functionality, We will have no further obligations under this Agreement.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, OR LOST TIME RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABIITY TO RENDER SERVICE.

SECTION 6 – HOW TO FILE A CLAIM

If the covered Adjustable Bed requires service, call the Seel Warranty Services, Inc toll-free number at [844-696-1217] or go online [https://resolution.seel.com/] with Your Sales Receipt/Invoice readily available. We will ask you to describe the problem Your Adjustable Bed is experiencing and provide any additional information or documentation to the Administrator to validate Your Claim. After confirmation of Your Claim eligibility under this Protection Agreement, if We cannot resolve the problem, You will be directed to an authorized service center. THIS PROTECTION AGREEMENT DOES NOT REPLACE THE MANUFACTURER'S WARRANTY.

NOTE: YOU MUST OBTAIN PRIOR AUTHORIZATION IN ORDER TO RECEIVE COVERAGE FOR REPAIRS UNDER THIS AGREEMENT. You may be required to ship the Adjustable Bed to a designated facility for inspection. If You have moved outside of the service area You will not be required to ship the Adjustable Bed to an inspection facility. We reserve the right to inspect the Adjustable Bed from time to time. Service will be provided during normal business hours and in the USA only.

If the covered Adjustable Bed requires service, call the Seel Warranty Services, Inc toll-free number at [844-696-1217] or go online [https://resolution.seel.com/] with Your Sales Receipt/Invoice readily available. We will ask you to describe the problem Your Adjustable Bed is experiencing and provide any additional information or documentation to the Administrator to validate Your Claim. After confirmation of Your Claim eligibility under this Protection Agreement, if We cannot resolve the problem, You will be directed to an authorized service center. THIS PROTECTION AGREEMENT DOES NOT REPLACE THE MANUFACTURER'S WARRANTY.

NOTE: YOU MUST OBTAIN PRIOR AUTHORIZATION IN ORDER TO RECEIVE COVERAGE FOR REPAIRS UNDER THIS AGREEMENT. You may be required to ship the Adjustable Bed to a designated facility for inspection. If You have moved outside of the service area You will not be required to ship the Adjustable Bed to an inspection facility. We reserve the right to inspect the Adjustable Bed from time to time. Service will be provided during normal business hours and in the USA only.

SECTION 7 – YOUR RESPONSIBILITIES

You must follow the instructions for use contained in the owner's manual of the Adjustable Bed. You must have the Adjustable Bed maintained in accordance with the manufacturer's recommendations, as outlined in the owner's manual. Failure to maintain the Adjustable Bed in accordance with the manufacturer's instructions may result in denial of coverage under this Agreement.

You must follow the instructions for use contained in the owner's manual of the Adjustable Bed. You must have the Adjustable Bed maintained in accordance with the manufacturer's recommendations, as outlined in the owner's manual. Failure to maintain the Adjustable Bed in accordance with the manufacturer's instructions may result in denial of coverage under this Agreement.

SECTION 8 – PURCHASER RECORDS

You may be required to provide proof of purchase as a condition for receiving service under the Agreement. Your Receipt and this Agreement Should Be Kept in a Safe Place.

You may be required to provide proof of purchase as a condition for receiving service under the Agreement. Your Receipt and this Agreement Should Be Kept in a Safe Place.

SECTION 9 – SALVAGE

All Adjustable Beds replaced under this Agreement become Our property.

All Adjustable Beds replaced under this Agreement become Our property.

SECTION 10 – IMPORTANT EXCLUSIONS

We will not cover the following:

  • ACCIDENTAL DAMAGE FROM HANDLING

  • ANY ADJUSTABLE BED LOCATED OUTSIDE THE UNITED STATES OF AMERICA (50 States and the District of Columbia);

  • ADJUSTABLE BEDS SOLD WITHOUT A MANUFACTURER'S WARRANTY;

  • REFURBISHED ADJUSTABLE BEDS WITH LESS THAN AN ORIGINAL NINETY (90) DAYS MANUFACTURER'S PARTS AND LABOR LIMITED WARRANTY;

  • DAMAGES INCURRED DURING, IN THE PROCESS OF OR RESULTING FROM DELIVERY OF THE ADJUSTABLE BED TO YOU;

  • MAINTENANCE, REPAIR OR REPLACEMENT NECESSITATED BY LOSS OR DAMAGE RESULTING FROM ANY CAUSE OTHER THAN NORMAL USE AND OPERATION OF THE ADJUSTABLE BED IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS AND OWNER'S MANUAL, INCLUDING BUT NOT LIMITED TO, THEFT, EXPOSURE TO WEATHER CONDITIONS, OPERATOR NEGLIGENCE, MISUSE, ABUSE, IMPROPER ELECTRICAL/POWER SUPPLY, ETC.; ADJUSTABLE BEDS DAMAGED FROM EXCEEDING WEIGHT LIMIT RESTRICTIONS AS SET FORTH IN THE USERS MANUAL (350 POUNDS FOR A SINGLE UNIT; 130 POUNDS ON EITHER END (HEAD OR FOOT) WHEN RAISED;

  • UNAUTHORIZED REPAIRS, IMPROPER INSTALLATION OR ATTACHMENTS;

  • COSMETIC DAMAGE TO CASE OR CABINETRY OR OTHER NON-OPERATING PARTS OR COMPONENTS;

  • LACK OF MANUFACTURER SPECIFIED MAINTENANCE, IMPROPER EQUIPMENT MODIFICATIONS, VANDALISM, ANIMAL OR PET DAMAGE, RODENT OR INSECT INFESTATION, RUST, DUST, CORROSION, DEFECTIVE BATTERIES, BATTERY LEAKAGE, OR ACTS OF NATURE OR ANY OTHER PERIL ORIGINATING FROM OUTSIDE THE ADJUSTABLE BED;

  • ALL DISPLAY ADJUSTABLE BEDS THAT ARE USED IN AN APPLICATION THAT REQUIRES CONTINUOUS BUSINESS AND/OR COMMERCIAL OPERATION;

  • ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT;

  • SERVICE NECESSARY BECAUSE OF IMPROPER STORAGE, IMPROPER VENTILATION, RECONFIGURATION OF THE ADJUSTABLE BED, USE OR MOVEMENT OF THE ADJUSTABLE BED, INCLUDING THE FAILURE TO PLACE THE ADJUSTABLE BED IN AN AREA THAT COMPLIES WITH THE MANUFACTURER'S PUBLISHED SPACE OR ENVIRONMENTAL REQUIREMENTS;

  • ANY UTILIZATION OF THE ADJUSTABLE BED THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE ADJUSTABLE BED OR THE WAY THE MANUFACTURER INTENDED THE ADJUSTABLE BED TO BE USED

  • FAILURES TO ADJUSTABLE BED CAUSED BY ANY INSTALLATION THAT PREVENTS NORMAL SERVICE;

  • ANY AND ALL CASES IN WHICH THE MANUFACTURER OF THE ADJUSTABLE BED WOULD NOT HONOR ANY WARRANTY REGARDING THE ADJUSTABLE BED;

  • FAILURE TO USE REASONABLE MEANS TO PROTECT YOUR ADJUSTABLE BED FROM FURTHER DAMAGE AFTER A FAILURE OCCURS;

  • MATTRESSES, UPHOLSTERED COMPONENTS, FRAMES AND CABLING AS WELL AS CONSUMABLES SUCH AS BATTERIES;

  • ADJUSTABLE BED(S) WITH REMOVED OR ALTERED SERIAL NUMBERS;

  • REPAIRS RECOMMENDED BY A REPAIR FACILITY NOT NECESSITATED BY MECHANICAL OR ELECTRICAL BREAKDOWN;

  • ANY REPAIR THAT IS A RESULT OF IN-WARRANTY PARTS NOT PROVIDED OR SHIPPED BY THE MANUFACTURER;

  • DAMAGE OR EQUIPMENT FAILURE WHICH IS COVERED BY MANUFACTURER'S WARRANTY, MANUFACTURER'S RECALL, OR FACTORY BULLETINS (REGARDLESS OF WHETHER OR NOT THE MANUFACTURER IS DOING BUSINESS AS AN ONGOING ENTERPRISE);

  • CLEANING, PREVENTIVE MAINTENANCE OR CUSTOMER EDUCATION;

  • SYSTEMS OR COMPONENT(S) THAT ARE COVERED BY A MANUFACTURER'S WARRANTY, INSURANCE OR ANOTHER SERVICE CONTRACT;

  • CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT OR LOSS OF USE DURING THE PERIOD THAT THE ADJUSTABLE BED IS AT THE REPAIR CENTER OR OTHERWISE AWAITING PARTS;

  • SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE ADJUSTABLE BED OR REPAIRS MADE BY ANYONE OTHER THAN THE AUTHORIZED SERVICE PROVIDER, ITS AGENTS, DISTRIBUTORS, CONTRACTORS OR LICENSEES OR THE USE OF SUPPLIES OTHER THAN THOSE RECOMMENDED BY THE MANUFACTURER;

  • CUSTOM INSTALLATIONS: ADJUSTABLE BEDS INSTALLED IN CABINETRY AND OTHER TYPES OF BUILT-IN APPLICATIONS ARE ELIGIBLE FOR SERVICE AS LONG AS YOU MAKE THE ADJUSTABLE BED ACCESSIBLE TO THE SERVICE TECHNICIAN. WE ARE NOT RESPONSIBLE FOR DISMANTLING OR REINSTALLATION OF FIXED INFRASTRUCTURE WHEN REMOVING OR RETURNING REPAIRED OR REPLACED ADJUSTABLE BED INTO A CUSTOM INSTALLATION;

  • CHARGES RELATED TO "NO PROBLEM FOUND" DIAGNOSIS. NON-FAILURE PROBLEMS, INCLUDING BUT NOT LIMITED TO, ITEMS NOT COVERED, NOISES, SQUEAKS, ETC. INTERMITTENT ISSUES ARE NOT ADJUSTABLE FAILURES; OR

  • NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THIS AGREEMENT EXCLUDES ANY LOSS, DAMAGE, LIABILITY, EXPENSE, FINES, PENALTIES OR ANY OTHER AMOUNT DIRECTLY OR INDIRECTLY CAUSED BY, IN CONNECTION WITH, OR IN ANY WAY INVOLVING OR ARISING OUT OF ANY OF THE FOLLOWING, INCLUDING ANY FEAR OR THREAT THEREOF, WHETHER ACTUAL OR PERCEIVED:

    • ANY INFECTIOUS DISEASE, VIRUS, BACTERIUM OR OTHER MICROORGANISM (WHETHER ASYMPTOMATIC OR NOT); OR

    • CORONAVIRUS (COVID-19) INCLUDING ANY MUTATION OR VARIATION THEREOF; OR

    • PANDEMIC OR EPIDEMIC, AS DECLARED AS SUCH BY THE WORLD HEALTH ORGANIZATION OR ANY GOVERNMENTAL AUTHORITY.

We will not cover the following:

  • ACCIDENTAL DAMAGE FROM HANDLING

  • ANY ADJUSTABLE BED LOCATED OUTSIDE THE UNITED STATES OF AMERICA (50 States and the District of Columbia);

  • ADJUSTABLE BEDS SOLD WITHOUT A MANUFACTURER'S WARRANTY;

  • REFURBISHED ADJUSTABLE BEDS WITH LESS THAN AN ORIGINAL NINETY (90) DAYS MANUFACTURER'S PARTS AND LABOR LIMITED WARRANTY;

  • DAMAGES INCURRED DURING, IN THE PROCESS OF OR RESULTING FROM DELIVERY OF THE ADJUSTABLE BED TO YOU;

  • MAINTENANCE, REPAIR OR REPLACEMENT NECESSITATED BY LOSS OR DAMAGE RESULTING FROM ANY CAUSE OTHER THAN NORMAL USE AND OPERATION OF THE ADJUSTABLE BED IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS AND OWNER'S MANUAL, INCLUDING BUT NOT LIMITED TO, THEFT, EXPOSURE TO WEATHER CONDITIONS, OPERATOR NEGLIGENCE, MISUSE, ABUSE, IMPROPER ELECTRICAL/POWER SUPPLY, ETC.; ADJUSTABLE BEDS DAMAGED FROM EXCEEDING WEIGHT LIMIT RESTRICTIONS AS SET FORTH IN THE USERS MANUAL (350 POUNDS FOR A SINGLE UNIT; 130 POUNDS ON EITHER END (HEAD OR FOOT) WHEN RAISED;

  • UNAUTHORIZED REPAIRS, IMPROPER INSTALLATION OR ATTACHMENTS;

  • COSMETIC DAMAGE TO CASE OR CABINETRY OR OTHER NON-OPERATING PARTS OR COMPONENTS;

  • LACK OF MANUFACTURER SPECIFIED MAINTENANCE, IMPROPER EQUIPMENT MODIFICATIONS, VANDALISM, ANIMAL OR PET DAMAGE, RODENT OR INSECT INFESTATION, RUST, DUST, CORROSION, DEFECTIVE BATTERIES, BATTERY LEAKAGE, OR ACTS OF NATURE OR ANY OTHER PERIL ORIGINATING FROM OUTSIDE THE ADJUSTABLE BED;

  • ALL DISPLAY ADJUSTABLE BEDS THAT ARE USED IN AN APPLICATION THAT REQUIRES CONTINUOUS BUSINESS AND/OR COMMERCIAL OPERATION;

  • ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT;

  • SERVICE NECESSARY BECAUSE OF IMPROPER STORAGE, IMPROPER VENTILATION, RECONFIGURATION OF THE ADJUSTABLE BED, USE OR MOVEMENT OF THE ADJUSTABLE BED, INCLUDING THE FAILURE TO PLACE THE ADJUSTABLE BED IN AN AREA THAT COMPLIES WITH THE MANUFACTURER'S PUBLISHED SPACE OR ENVIRONMENTAL REQUIREMENTS;

  • ANY UTILIZATION OF THE ADJUSTABLE BED THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE ADJUSTABLE BED OR THE WAY THE MANUFACTURER INTENDED THE ADJUSTABLE BED TO BE USED

  • FAILURES TO ADJUSTABLE BED CAUSED BY ANY INSTALLATION THAT PREVENTS NORMAL SERVICE;

  • ANY AND ALL CASES IN WHICH THE MANUFACTURER OF THE ADJUSTABLE BED WOULD NOT HONOR ANY WARRANTY REGARDING THE ADJUSTABLE BED;

  • FAILURE TO USE REASONABLE MEANS TO PROTECT YOUR ADJUSTABLE BED FROM FURTHER DAMAGE AFTER A FAILURE OCCURS;

  • MATTRESSES, UPHOLSTERED COMPONENTS, FRAMES AND CABLING AS WELL AS CONSUMABLES SUCH AS BATTERIES;

  • ADJUSTABLE BED(S) WITH REMOVED OR ALTERED SERIAL NUMBERS;

  • REPAIRS RECOMMENDED BY A REPAIR FACILITY NOT NECESSITATED BY MECHANICAL OR ELECTRICAL BREAKDOWN;

  • ANY REPAIR THAT IS A RESULT OF IN-WARRANTY PARTS NOT PROVIDED OR SHIPPED BY THE MANUFACTURER;

  • DAMAGE OR EQUIPMENT FAILURE WHICH IS COVERED BY MANUFACTURER'S WARRANTY, MANUFACTURER'S RECALL, OR FACTORY BULLETINS (REGARDLESS OF WHETHER OR NOT THE MANUFACTURER IS DOING BUSINESS AS AN ONGOING ENTERPRISE);

  • CLEANING, PREVENTIVE MAINTENANCE OR CUSTOMER EDUCATION;

  • SYSTEMS OR COMPONENT(S) THAT ARE COVERED BY A MANUFACTURER'S WARRANTY, INSURANCE OR ANOTHER SERVICE CONTRACT;

  • CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT OR LOSS OF USE DURING THE PERIOD THAT THE ADJUSTABLE BED IS AT THE REPAIR CENTER OR OTHERWISE AWAITING PARTS;

  • SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE ADJUSTABLE BED OR REPAIRS MADE BY ANYONE OTHER THAN THE AUTHORIZED SERVICE PROVIDER, ITS AGENTS, DISTRIBUTORS, CONTRACTORS OR LICENSEES OR THE USE OF SUPPLIES OTHER THAN THOSE RECOMMENDED BY THE MANUFACTURER;

  • CUSTOM INSTALLATIONS: ADJUSTABLE BEDS INSTALLED IN CABINETRY AND OTHER TYPES OF BUILT-IN APPLICATIONS ARE ELIGIBLE FOR SERVICE AS LONG AS YOU MAKE THE ADJUSTABLE BED ACCESSIBLE TO THE SERVICE TECHNICIAN. WE ARE NOT RESPONSIBLE FOR DISMANTLING OR REINSTALLATION OF FIXED INFRASTRUCTURE WHEN REMOVING OR RETURNING REPAIRED OR REPLACED ADJUSTABLE BED INTO A CUSTOM INSTALLATION;

  • CHARGES RELATED TO "NO PROBLEM FOUND" DIAGNOSIS. NON-FAILURE PROBLEMS, INCLUDING BUT NOT LIMITED TO, ITEMS NOT COVERED, NOISES, SQUEAKS, ETC. INTERMITTENT ISSUES ARE NOT ADJUSTABLE FAILURES; OR

  • NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THIS AGREEMENT EXCLUDES ANY LOSS, DAMAGE, LIABILITY, EXPENSE, FINES, PENALTIES OR ANY OTHER AMOUNT DIRECTLY OR INDIRECTLY CAUSED BY, IN CONNECTION WITH, OR IN ANY WAY INVOLVING OR ARISING OUT OF ANY OF THE FOLLOWING, INCLUDING ANY FEAR OR THREAT THEREOF, WHETHER ACTUAL OR PERCEIVED:

    • ANY INFECTIOUS DISEASE, VIRUS, BACTERIUM OR OTHER MICROORGANISM (WHETHER ASYMPTOMATIC OR NOT); OR

    • CORONAVIRUS (COVID-19) INCLUDING ANY MUTATION OR VARIATION THEREOF; OR

    • PANDEMIC OR EPIDEMIC, AS DECLARED AS SUCH BY THE WORLD HEALTH ORGANIZATION OR ANY GOVERNMENTAL AUTHORITY.

SECTION 11 – MANUFACTURER'S RESPONSIBILITY

Parts and services covered during the manufacturer's warranty period are the responsibility of the original manufacturer of Your Covered Adjustable Bed

Parts and services covered during the manufacturer's warranty period are the responsibility of the original manufacturer of Your Covered Adjustable Bed

SECTION 12 – RENEWAL

This Agreement may at Our discretion be renewed at the expiration of its term. When We offer to renew the Agreement, the renewal price quoted will reflect the age of the Adjustable Bed and the prevailing service cost at the time of the renewal.

This Agreement may at Our discretion be renewed at the expiration of its term. When We offer to renew the Agreement, the renewal price quoted will reflect the age of the Adjustable Bed and the prevailing service cost at the time of the renewal.

SECTION 13 – TRANSFERABILITY

This Agreement is not transferable.

This Agreement is not transferable.

SECTION 14 – DEDUCTIBLE

There is no deductible under this Agreement.

There is no deductible under this Agreement.

SECTION 15 – CANCELLATION

This Contract will automatically cancel and no longer be in force upon Your receipt or completion of benefits provided to You in accordance with the terms herein arising from any Claim. This Agreement may be cancelled by You for any reason, including, but not limited to, the Adjustable Bed covered by the Agreement being sold, lost, stolen or destroyed. To cancel the Protection Agreement, contact the Administrator toll-free at [844-696-1217] or go online [https://resolution.seel.com/]. If You cancel this Protection Agreement within the first thirty (30) days of the date this Protection Agreement was mailed to You, or within ten (10) days of delivery of this Agreement if delivered to You at the time of sale, and no Claims have been made hereunder, You will receive a full refund of the purchase price of this Protection Agreement. If You cancel this Protection Agreement after the thirty (30) days of the date this Protection Agreement was mailed to You, or after ten (10) days of delivery of this Protection Agreement if delivered to You at the time of sale, You will receive a pro rata refund of the purchase price of the Protection Agreement calculated based on the elapsed time since the commencement of the Protection Agreement, less any Claims paid. Cancellations initiated by You after the first thirty (30) days of the date this Protection Agreement was mailed to You, or after ten (10) days of delivery of this Protection Agreement if delivered to You at the time of sale may be subject to a cancellation fee in an amount not to exceed ten percent (10%) of the purchase price of the Protection Agreement or twenty-five dollars ($25), whichever is less. If You financed the purchase of this Protection Agreement, any refund due as a result of Your cancellation of the Agreement will be paid directly to the lender of record. The Cancellation provisions apply to the original purchaser of this Protection Agreement only. If You purchased this Agreement under an LTO Arrangement, any refund owed pursuant to this provision will be paid directly to the Lessor of record unless You have taken ownership of the Adjustable Bed.

This Contract will automatically cancel and no longer be in force upon Your receipt or completion of benefits provided to You in accordance with the terms herein arising from any Claim. This Agreement may be cancelled by You for any reason, including, but not limited to, the Adjustable Bed covered by the Agreement being sold, lost, stolen or destroyed. To cancel the Protection Agreement, contact the Administrator toll-free at [844-696-1217] or go online [https://resolution.seel.com/]. If You cancel this Protection Agreement within the first thirty (30) days of the date this Protection Agreement was mailed to You, or within ten (10) days of delivery of this Agreement if delivered to You at the time of sale, and no Claims have been made hereunder, You will receive a full refund of the purchase price of this Protection Agreement. If You cancel this Protection Agreement after the thirty (30) days of the date this Protection Agreement was mailed to You, or after ten (10) days of delivery of this Protection Agreement if delivered to You at the time of sale, You will receive a pro rata refund of the purchase price of the Protection Agreement calculated based on the elapsed time since the commencement of the Protection Agreement, less any Claims paid. Cancellations initiated by You after the first thirty (30) days of the date this Protection Agreement was mailed to You, or after ten (10) days of delivery of this Protection Agreement if delivered to You at the time of sale may be subject to a cancellation fee in an amount not to exceed ten percent (10%) of the purchase price of the Protection Agreement or twenty-five dollars ($25), whichever is less. If You financed the purchase of this Protection Agreement, any refund due as a result of Your cancellation of the Agreement will be paid directly to the lender of record. The Cancellation provisions apply to the original purchaser of this Protection Agreement only. If You purchased this Agreement under an LTO Arrangement, any refund owed pursuant to this provision will be paid directly to the Lessor of record unless You have taken ownership of the Adjustable Bed.

SECTION 16 – OUR RIGHT TO RECOVER PAYMENT

If You have a right to recover against another party for anything We have paid under this Protection Agreement, Your rights shall become Our rights. You shall do whatever is necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.

If You have a right to recover against another party for anything We have paid under this Protection Agreement, Your rights shall become Our rights. You shall do whatever is necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.

SECTION 17 – PRIVACY AND DATA PROTECTION

You agree that any information or data disclosed to Us under this Agreement is not confidential. Furthermore, You agree that We may collect and process data on Your behalf when We provide the services contemplated under this Agreement. This may include transferring Your data to affiliated companies or third-party service providers in accordance with Our Customer Privacy Policy [www.FSCSC.com]. Except for the purposes of providing service in this Agreement, We will not share Your information with third parties without Your permission and We will comply with applicable privacy and data protection laws in Your jurisdiction. Unless specifically prohibited by Your jurisdiction's privacy and data protection laws, We may transfer Your information to other countries and jurisdictions provided that anyone to who We transfer Your information provides an adequate level of protection. In addition, Your information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.

You agree that any information or data disclosed to Us under this Agreement is not confidential. Furthermore, You agree that We may collect and process data on Your behalf when We provide the services contemplated under this Agreement. This may include transferring Your data to affiliated companies or third-party service providers in accordance with Our Customer Privacy Policy [www.FSCSC.com]. Except for the purposes of providing service in this Agreement, We will not share Your information with third parties without Your permission and We will comply with applicable privacy and data protection laws in Your jurisdiction. Unless specifically prohibited by Your jurisdiction's privacy and data protection laws, We may transfer Your information to other countries and jurisdictions provided that anyone to who We transfer Your information provides an adequate level of protection. In addition, Your information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.

SECTION 18 – ARBITRATION

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

Most of your concerns about this Protection Agreement can be addressed by contacting the Administrator at [844-696-1217]. If We cannot resolve any disputes with You related to the Protection Agreement, including Claims, You and We agree to resolve those disputes through binding arbitration or small claims court instead of through courts of general jurisdiction. Further, You and We agree to waive our rights to a trial by jury and to not participate in any class arbitrations or class actions. This Protection Agreement is evidence of a transaction in interstate commerce and the Federal Arbitration Act applies to and governs the enforcement of any arbitration hereunder. The provisions of this ARBITRATION section shall survive the termination of this Protection Agreement. By purchasing this Protection Agreement you agree to the following dispute resolution protocol. Any and all claims, disputes, or controversies of any nature whatsoever or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with (1) this Protection Agreement or any prior Agreement or product, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this provision or of the entire Agreement ("Dispute"), shall be resolved by binding arbitration before a single arbitrator All arbitrations shall be administered by the American Arbitration Association ("AAA") in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Dispute is filed. The terms of this provision shall control any inconsistency between the AAA's Rules and this provision. You may obtain a copy of the AAA's Rules by calling [1-800-778-7879]. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusion of law. The arbitration shall be held at a location selected by Us with the state in which You purchased this Agreement. This provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 I.S.C § et. Seq. If any portion of this provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the provision, except that in no event shall this provision be modified or construed to permit or mandate arbitration on behalf of a class of claimants or individuals other than You, or to apply to Disputes other than Yours. This Provision shall inure to the benefit of and be binding on You and Us and its provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Agreement.

YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

FRAUD RESULTS IN HIGHER COSTS TO THE CONSUMER AND IS ILLEGAL.

THIS IS NOT A CONTRACT OF INSURANCE, BUT OBLIGATIONS UNDER THIS AGREEMENT MAY BE BACKED BY AN INSURANCE POLICY.

THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND NO REPRESENTATION, PROMISE OR CONDITION NOT CONTAINED HEREIN SHALL MODIFY THESE TERMS.

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

Most of your concerns about this Protection Agreement can be addressed by contacting the Administrator at [844-696-1217]. If We cannot resolve any disputes with You related to the Protection Agreement, including Claims, You and We agree to resolve those disputes through binding arbitration or small claims court instead of through courts of general jurisdiction. Further, You and We agree to waive our rights to a trial by jury and to not participate in any class arbitrations or class actions. This Protection Agreement is evidence of a transaction in interstate commerce and the Federal Arbitration Act applies to and governs the enforcement of any arbitration hereunder. The provisions of this ARBITRATION section shall survive the termination of this Protection Agreement. By purchasing this Protection Agreement you agree to the following dispute resolution protocol. Any and all claims, disputes, or controversies of any nature whatsoever or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with (1) this Protection Agreement or any prior Agreement or product, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this provision or of the entire Agreement ("Dispute"), shall be resolved by binding arbitration before a single arbitrator All arbitrations shall be administered by the American Arbitration Association ("AAA") in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Dispute is filed. The terms of this provision shall control any inconsistency between the AAA's Rules and this provision. You may obtain a copy of the AAA's Rules by calling [1-800-778-7879]. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusion of law. The arbitration shall be held at a location selected by Us with the state in which You purchased this Agreement. This provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 I.S.C § et. Seq. If any portion of this provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the provision, except that in no event shall this provision be modified or construed to permit or mandate arbitration on behalf of a class of claimants or individuals other than You, or to apply to Disputes other than Yours. This Provision shall inure to the benefit of and be binding on You and Us and its provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Agreement.

YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

FRAUD RESULTS IN HIGHER COSTS TO THE CONSUMER AND IS ILLEGAL.

THIS IS NOT A CONTRACT OF INSURANCE, BUT OBLIGATIONS UNDER THIS AGREEMENT MAY BE BACKED BY AN INSURANCE POLICY.

THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND NO REPRESENTATION, PROMISE OR CONDITION NOT CONTAINED HEREIN SHALL MODIFY THESE TERMS.

SECTION 19 – INSURED AGREEMENT

This is not an insurance policy. However, We have obtained a service contract reimbursement insurance policy from Arch Insurance Company to insure Our performance under this Agreement. Should (a) We fail to pay any Claim or fail to replace the Adjustable Bed covered under this Agreement or otherwise provide You with a Credit within sixty (60) days after Your Claim was filed, or (b) in the event that You cancel this Agreement, and We fail to refund the unearned portion of the Agreement price, then You are entitled to make a direct applicable claim against the insurer, Arch Insurance Company at 1-800-821-5546 or 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

This is not an insurance policy. However, We have obtained a service contract reimbursement insurance policy from Arch Insurance Company to insure Our performance under this Agreement. Should (a) We fail to pay any Claim or fail to replace the Adjustable Bed covered under this Agreement or otherwise provide You with a Credit within sixty (60) days after Your Claim was filed, or (b) in the event that You cancel this Agreement, and We fail to refund the unearned portion of the Agreement price, then You are entitled to make a direct applicable claim against the insurer, Arch Insurance Company at 1-800-821-5546 or 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

SECTION 20 – SPECIAL STATE DISCLOSURES

Regulation of service plans may vary widely from state to state. Any provision in this Agreement that conflicts with the laws of the state where You reside shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if this Agreement was purchased in one of the following states and supersedes any other provision, terms or conditions in Your Agreement to the contrary.

ALABAMA only: Our obligations under this Agreement are guaranteed under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. These provisions apply only to the original purchaser of the Agreement. In the event the Provider/Obligor cancels the Agreement, the Provider/Obligor will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Agreement fee or a material misrepresentation by You relating to the covered property or its use.

ARIZONA only: You have a duty to protect against any further damage to the covered Adjustable Bed after the Adjustable Bed has been damaged and shall follow any requirement to follow the owner's manual of the Adjustable Bed. Cancellation: If Your written notice of cancellation is received prior to the expiration date, We will provide a pro rata refund after deducting for administrative expenses associated with the cancellation, regardless of prior services rendered against the Agreement. No Claim incurred or paid shall be deducted from the amount of the refund. The cancellation provision shall not contain both a cancellation fee and a cancellation penalty. The administrative expenses may not exceed $75 or ten percent of the gross amount paid by You for the Agreement, whichever is less. To arrange for cancellation of this Agreement, please contact Your Retailer. First Shield Consumer Service Corporation is the Provider/Obligor for this Agreement in Arizona. Dispute Resolution: Both parties must agree to arbitration. Additionally, as an Arizona resident you may follow the process to resolve complaints under the provisions of A.R.S. §§20-1095.09 and 20-461, Unfair Trade Practices, as outlined by the Arizona Department of Insurance and Financial Institutions. You have a right to file a complaint with the Arizona Department of Insurance and Financial Institutions Consumer Protection Division, 100 N. 15th Ave., Suite 261 Phoenix, AZ 85007, Phone: 602-364-2499, Website: difi.az.gov. Our obligations under this Agreement are insured under a mechanical service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

ARKANSAS only: We shall mail a written notice of cancellation to You within fifteen (15) days of the date of termination in the event We terminate this Agreement.

CALIFORNIA only: With respect to California Agreement holders, the Administrator under the Agreement is Seel Warranty Services, Inc. The Provider/Obligor under the Agreement is First Shield Consumer Service Corporation. This Agreement may be cancelled by You for any reason, including, but not limited to, the Adjustable Bed covered under this Agreement being sold, lost, stolen or destroyed. If You decide to cancel the Agreement, and a cancellation notice is received by the Retailer within 60 days of the date You received the Agreement, and You have made no Claims against the Agreement, You will be refunded the full Agreement price,: or if (a) a Claim is made with the first 60 days after Your receipt of this Agreement, or (b) the Agreement is cancelled by written notice after 60 days from the date You received the Agreement, then in either case, You will be refunded a pro-rated amount of the Agreement price, less any Claims paid and less an administrative fee of 10% of the Agreement price or $25, whichever is less, unless otherwise precluded by law. To arrange for cancellation of this Agreement, please contact Your Retailer.

CONNECTICUT only: The term of this Agreement is automatically extended by the length of time in which the Adjustable Bed is in the Provider/Obligor's custody for repair under the Agreement. In the event of a dispute with the Provider/Obligor, You may contact the State of Connecticut Insurance Department: P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Adjustable Bed, the cost of repair of the Adjustable Bed, and a copy of this Agreement.

DISTRICT OF COLUMBIA only: You may return this Agreement within 30 days of the date this Agreement was mailed to You, or the date of delivery if this Agreement was delivered to You at the time of sale. Upon return of the Agreement to the provider within the applicable time period, if no Claim has been made under this Agreement, the Agreement shall be void and We shall refund You or credit the account of this Agreement, with the full purchase price of this Agreement. The right to void this Agreement shall not be transferable and shall apply only to the original Protection Agreement purchaser and only if no Claim has been made prior to its return to the Us. If a Claim has been made under this Agreement within that time period, You may cancel this Agreement and We shall refund to You 100% of the unearned pro rata purchase price, less any Claims paid, and administrative fee charged. We may charge a reasonable administrative fee not to exceed 10% of the gross purchase price paid by You.

FLORIDA only: If You cancel this Agreement, You will receive a refund equal to 90% of the unearned pro rata purchase price of the Agreement, less any Claims that have been paid or less the cost of repairs made on Your behalf. To arrange for cancellation of this Agreement, please contact Your Retailer. If We cancel this Agreement, You will receive one hundred percent (100%) of the unearned pro rata purchase price of the Agreement, less any Claims paid or the cost of repairs made on Your behalf. The rates charged for the Agreement are not subject to regulation by the Florida Office of Insurance Regulation.

GEORGIA only: Arbitration: If You are a resident of Georgia, then the Section titled Arbitration does not apply to you. We may cancel the Contract upon thirty (30) days written notice to You for fraud, material misrepresentation, or nonpayment. Such notice shall provide the reason for cancellation and the effective date of such cancellation, and You shall be refunded 100% of the unearned pro rata purchase price, less Claims paid. A reasonable cancellation fee may be charged by Us not to exceed 10% of the unearned pro rata purchase price. You may cancel this Agreement at any time by notifying the Retailer in writing or by surrendering the Agreement to the Retailer, whereupon the Retailer will refund the unearned pro rata purchase price based on the time remaining on the request for cancellation. To arrange for cancellation of this Agreement, please contact Your Retailer. The Provider/Obligor is also entitled to cancel the Agreement at any time based upon fraud, misrepresentation, nonpayment of fees by You, or non-renewal. Administrator may cancel the Agreement upon thirty (30) days written notice to You. All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the Retailer. Procedures for cancellation of the Agreement will comply with section 33-7-6 of the Georgia code.

HAWAII only: You may return this Agreement within thirty (30) days of the date the Agreement was provided to You or within twenty (20) days if the Agreement was delivered to You at the time of sale. If you return this Agreement within the applicable time period, and If You made no Claim, this Agreement is void and the full purchase price will be refunded to You. To arrange for cancellation of this Agreement, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to the Retailer. These provisions apply only to the original purchaser of the Agreement. In the event the Provider/Obligor cancels the Agreement, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation by You relating to the Adjustable Bed or its use, or a substantial breach of Your duties relating to the Adjustable Bed or its use. Our obligations under this Agreement are insured under a service contract contractual liability policy issued by Arch Insurance Company, 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

ILLINOIS only: First Shield Consumer Service Corporation (and not the dealer or manufacturer) is the Provider/Obligor under this Agreement in the State of Illinois. The Provider/Obligor will pay the cost of covered parts and labor necessary to restore the Adjustable Bed to normal condition as a result of covered failure due to normal wear and tear. You may cancel this Agreement at any time. If You cancel this Agreement within the first thirty (30) days of purchase and if no service has been provided to You, You shall receive a full refund of the purchase price less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). If You cancel this Agreement at any other time or if You cancel after service has been provided to You, You shall receive a refund equal to the pro rata purchase price less the value of any service received and less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). To arrange for cancellation of this Agreement, please contact Your Retailer.

INDIANA only: This Agreement is not insurance and is not subject to Indiana insurance law.

MAINE only: [If the covered Adjustable Bed requires emergency repairs outside of normal business hours, You can submit your Claim by calling toll-free at [833-739-2987]

MARYLAND only: You may cancel this Agreement within 20 days after receipt of this Agreement if mailed to You or within 20 days after the date of delivery of this Agreement if delivered to You at the time of sale. If You cancel this Agreement within this time, and a Claim has not been made under the Agreement prior to its cancellation, the Agreement is void and We shall refund to You in the full consideration paid for this Agreement within 45 days after the cancellation. [Any means established by Us for quick informal settlement of a service contract dispute].

MASSACHUSETTS only: You have the duty to protect against any further damage after the covered Adjustable Bed has been damaged and shall follow the requirements contained in the owner's manual for the Adjustable Bed. Our obligations under this Agreement are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

MINNESOTA only: You have the duty to protect against any further damage to the covered Adjustable Bed after the Adjustable Bed has been damaged and shall follow the requirements contained in the owner's manual for the Adjustable Bed. Our obligations under this Agreement are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

MISSOURI only: Obligations of the provider under this service contract are guaranteed under a reimbursement insurance policy. If the provider fails to pay or provide service on a Claim within sixty days after proof of loss has been filed, the contract holder is entitled to make a claim directly against the insurance company. To arrange for cancellation of this Agreement, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to the Retailer. The following sentence is added as the last sentence of Section E What to do if you require service: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Agreement provisions.

MONTANA only: Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.

NEVADA only: In the event You are not satisfied with the manner in which We are handling a Claim, You may file a complaint with the Nevada Division of Insurance by calling (888) 872-3234. To arrange for cancellation of this Agreement, please contact Your Retailer. If We do not provide refund within 45 days of cancellation, We will pay You a penalty of 10 percent (10%) of the purchase price for each 30-day period that the refund remains unpaid. You may also cancel this Agreement at any other time and receive a refund equal to the pro rata purchase price. These provisions apply only to the original purchaser of the Agreement. We may not cancel this Agreement once it has been in effect for at least seventy (70) days, except for the following conditions: (a) Failure by You to pay the Agreement purchase price; (b) Your conviction of a crime which results in an increase in the service required under the Agreement; (c) Discovery of fraud or material misrepresentation perpetrated by You in purchasing this contact or obtaining service; (d) The discovery of an act or omission, or a violation of any condition of this Agreement by You which substantially and materially increases the service requested under the Agreement; or (e) A material change in the nature or extent of the service required under the Agreement, which occurs after the purchase of this Agreement, and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We cancel this Agreement for any of the above reasons, You will receive a refund equal to the pro rata purchase price. With respect to each Adjustable Bed covered under the Agreement, the Administrator and/or Provider/Obligor liability is limited to the original retail purchase price You paid for such Adjustable Bed. We may not cancel the Agreement until at least fifteen (15) days after the notice of cancellation has been mailed to You. The obligations under the Agreement are guaranteed by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

NEW HAMPSHIRE only: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301, 1 [(800) 852-3416]. The obligations under this Agreement are insured by a contractual liability policy issued by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. In the event any covered service is not paid within sixty (60) days after proof of loss has been filed or the Provider/Obligor ceases to do business or goes bankrupt, You may file Your Claim directly with Arch Insurance Company.

NEW JERSEY only: Obligations of the provider under this agreement are insured under a service contract reimbursement insurance policy.

NEW MEXICO only: To arrange for cancellation of this Agreement, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten (10%) percent per month on a refund that is not made within sixty (60) days of the return of the Agreement. These provisions apply only to the original purchaser of the Agreement. We may not cancel this Agreement once it has been in effect for seventy (70) days except for the following conditions: (a) Failure to pay an amount when due; (b) Your conviction of a crime that results in an increase in the service required under the Agreement; (c) Fraud or material misrepresentation by You in obtaining the Agreement or in presenting a Claim for service thereunder; or (d) Discovery of an act or omission or a violation of any condition of the Agreement by You, which substantially and materially increases the service required under the Agreement. If We cancel this Agreement, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The written notice is not required, if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation, or a substantial breach of duties by You relating to the Adjustable Bed or its use.

NEW YORK only: The obligations of the Provider/Obligor under this Agreement are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company. If the Provider/Obligor fails to perform under this Agreement, including failure to return any unearned fee in the event of cancellation, Arch Insurance Company will pay all sums the Provider/Obligor is legally obligated to pay under this Agreement or perform any service the Provider/Obligor is legally obligated to perform under this Agreement. To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten percent (10%) per month on a refund that is not made within thirty (30) days of return of the Agreement. These provisions apply only to the original purchaser of the Agreement. In the event We cancel the Agreement, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. A written notice is not required, if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation, or a substantial breach of duties by You relating to the Adjustable Bed or its use. If a Claim for service has not been completed within sixty (60) days after proof of loss has been filed, the Claim can be submitted to Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, 1 [(800)-821-5546].

NORTH CAROLINA only: The purchase of this Agreement is not required in order to obtain financing. We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of the Agreement. If You cancel this Agreement, You will receive a pro-rata refund, less the cost of any Claims paid and less a cancellation fee of ten percent (10%) of the amount of the refund. To arrange for cancellation of this Agreement, please contact Your Retailer.

OKLAHOMA only: Obligations of the provider under this Agreement are insured under a service contract reimbursement insurance policy. The Provider/Obligor under this Agreement is First Shield Consumer Service Corporation (License # 510067482). In the event You cancel this Agreement, You shall receive a refund equal to ninety percent (90%) of the unearned pro-rata purchase price less the cost of any service received. To arrange for cancellation of this Agreement, please contact Your Retailer. In the event We cancel this Agreement, You shall receive a refund equal to one hundred percent (100%) of the unearned pro-rata purchase price, less the cost of any service received. This is not an insurance contract. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association. If You are a resident of Oklahoma, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement.

OREGON only: If You are a resident of Oregon, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement.

SOUTH CAROLINA only: In order to prevent damage to the Adjustable Bed, please refer to the owner's manual. This Agreement does not cover repair and replacement necessitated by loss or damage resulting from 1) any cause other than normal use and operation of the Adjustable Bed in accordance with manufacturer's specifications and/or owner's manual or 2) failure to use reasonable means to protect Your Adjustable Bed from further damage after a failure occurs. To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten percent (10%) per month on a refund that is not made within forty-five (45) days of return of the Agreement. These provisions apply only to the original purchaser of the Agreement. In the event We cancel the Agreement, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The written notice is not required if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation, or a substantial breach of duties by You relating to the covered Adjustable Bed or its use. In the event of a dispute with the provider of this contract, you may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201 or by phone at (800) 768-3467.

TEXAS only: If You cancel this Agreement within 30 days after the date of purchase We shall refund the full purchase price You paid for this Agreement less any Claims paid. To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten (10) percent of the amount outstanding per month on a refund that is not made within forty-five (45) days. These provisions apply only to the original purchaser of the Agreement. In the event We cancel the Agreement, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation by You relating to the covered Adjustable Bed or its use, or a substantial breach of Your duties relating to the covered Adjustable Bed or its use. Obligations of the Provider under the Agreement are insured under a service contract reimbursement policy. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy. In the event We do not pay out a Claim, You may apply for reimbursement directly to the insurer if a covered Claim is not provided to You by the Us before the 61st day after the date the You provide a proof of loss. Texas License Number of the Administrator: 300

UTAH only: The language in the CANCELLATION section regarding Our rights to cancel this Agreement is deleted and replaced with: We may cancel this Agreement by providing You with thirty (30) days written notice for the following reasons only: material misrepresentation, substantial change in the risk assumed or substantial breaches of contractual duties. We may cancel this Agreement by providing You with ten (10) days written notice, if the reason for cancellation is non-payment by You. The following sentence is added as the last sentence of the WHAT TO DO IF YOU REQUIRE SERVICE section: If it is an emergency situation and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Agreement provisions. All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the Retailer. The following sentences are added to the end of the DISPUTE RESOLUTION section: 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 JUDGEMENT IN ANY COURT OF PROPER JURISDICTION. Our obligations under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, 1 (800)-821-5546. Should the provider fail to pay or provide service on any Claim within 60 days after proof of loss has been filed, the contract holder is entitled to make a Claim directly against the Insurance Company. Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guaranty Association. This Service Agreement or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this contract is not guaranteed by the Property and Casualty Guaranty Association.

VERMONT only: To arrange for cancellation of this Agreement, please contact Your Retailer. Our obligations under this Agreement are supported by a contractual liability insurance policy issued by Arch Insurance Company. In the event that We are unable to perform under the Agreement, Arch Insurance Company, which shall pay on Our behalf any sums We are legally obligated to pay and shall provide the service, which We are legally obligated to perform according to Our contractual obligations under the Agreement.

VIRGINIA only: If any promise made in the Agreement 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. You are hereby notified that the purchase of the contract is not mandatory and may be waived.

WASHINGTON only: You may return this Agreement within twenty (20) days of the date the Agreement was provided to You or within ten (10) days, if the Agreement was delivered to You at the time of sale. We will pay a penalty of ten percent (10%) per month on a refund that is not made within thirty (30) days of return of the Agreement. The "Guarantee" provision of these Terms and Conditions as set forth above is deleted in its entirety and replaced with the following: This is not an insurance policy. Obligations of the service contract provider under this service contract are insured under a service contract reimbursement insurance policy The provider is First Shield Consumer Service Corporation, located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. You may contact them toll-free at [855-671-1378].

WISCONSIN only: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Arbitration: If You are a resident of Wisconsin, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement. If a Claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, or if the Provider becomes insolvent or otherwise financially impaired, the Claim can be submitted to Arch Insurance Company, who insures Our obligations under this Agreement, located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, [(800)-821-5546. To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten (10) percent per month on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to Us. We may be cancel this Contract for the following reasons only: (a) for nonpayment of the provider fee, (b) material misrepresentation by You to Us or the administrator, or (c) substantial breach of duties by You relating to the covered product or its use. If We cancel the Contract for any those reasons we will deliver to You, at Your last-known address in Our records, written notice stating the effective date of and the reason for the cancellation at least 5 days prior to effective date of cancellation, and You shall be refunded 100% of the unearned pro rata purchase price, less Claims paid. We may charge a reasonable administrative fee for cancellation, which may not exceed ten percent (10%) of the purchase price you paid for this Contract. These provisions apply only to the original purchaser of the Agreement. In the event that You experience a total loss of the Adjustable Bed covered by this Agreement that is not covered by a replacement of the Adjustable Bed pursuant to the terms of the Agreement, You shall be entitled to cancel this Agreement and receive a pro rata refund of any unearned Agreement fee, less any Claims paid. Lack of pre-authorization shall not be the sole grounds for a Claim denial; however, unauthorized repairs may not be covered if evaluated to have been at an unreasonable expense. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.

WYOMING only: To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten (10) percent on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to Us. These provisions apply only to the original purchaser of the Agreement. In the event We cancel this Agreement, We will mail a written notice to You at Your last known address at least ten (10) days prior to cancellation, which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required, if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation by You relating to the covered Adjustable Bed or its use, or a substantial breach of Your duties relating to the covered Adjustable Bed or its use. Obligations under this Agreement are insured by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. In the event covered service is not provided by Us within sixty (60) days of You submitting proof, You are entitled to apply directly to the reimbursement insurance company. If You are a resident of Wyoming, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory. If the parties agree to arbitrate any dispute, the terms that will apply to such arbitration, including whether the decision by the arbitrator(s) will be binding on the parties, must be by mutual agreement. All arbitration proceedings will be conducted in the state of Wyoming.

Regulation of service plans may vary widely from state to state. Any provision in this Agreement that conflicts with the laws of the state where You reside shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if this Agreement was purchased in one of the following states and supersedes any other provision, terms or conditions in Your Agreement to the contrary.

ALABAMA only: Our obligations under this Agreement are guaranteed under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. These provisions apply only to the original purchaser of the Agreement. In the event the Provider/Obligor cancels the Agreement, the Provider/Obligor will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Agreement fee or a material misrepresentation by You relating to the covered property or its use.

ARIZONA only: You have a duty to protect against any further damage to the covered Adjustable Bed after the Adjustable Bed has been damaged and shall follow any requirement to follow the owner's manual of the Adjustable Bed. Cancellation: If Your written notice of cancellation is received prior to the expiration date, We will provide a pro rata refund after deducting for administrative expenses associated with the cancellation, regardless of prior services rendered against the Agreement. No Claim incurred or paid shall be deducted from the amount of the refund. The cancellation provision shall not contain both a cancellation fee and a cancellation penalty. The administrative expenses may not exceed $75 or ten percent of the gross amount paid by You for the Agreement, whichever is less. To arrange for cancellation of this Agreement, please contact Your Retailer. First Shield Consumer Service Corporation is the Provider/Obligor for this Agreement in Arizona. Dispute Resolution: Both parties must agree to arbitration. Additionally, as an Arizona resident you may follow the process to resolve complaints under the provisions of A.R.S. §§20-1095.09 and 20-461, Unfair Trade Practices, as outlined by the Arizona Department of Insurance and Financial Institutions. You have a right to file a complaint with the Arizona Department of Insurance and Financial Institutions Consumer Protection Division, 100 N. 15th Ave., Suite 261 Phoenix, AZ 85007, Phone: 602-364-2499, Website: difi.az.gov. Our obligations under this Agreement are insured under a mechanical service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

ARKANSAS only: We shall mail a written notice of cancellation to You within fifteen (15) days of the date of termination in the event We terminate this Agreement.

CALIFORNIA only: With respect to California Agreement holders, the Administrator under the Agreement is Seel Warranty Services, Inc. The Provider/Obligor under the Agreement is First Shield Consumer Service Corporation. This Agreement may be cancelled by You for any reason, including, but not limited to, the Adjustable Bed covered under this Agreement being sold, lost, stolen or destroyed. If You decide to cancel the Agreement, and a cancellation notice is received by the Retailer within 60 days of the date You received the Agreement, and You have made no Claims against the Agreement, You will be refunded the full Agreement price,: or if (a) a Claim is made with the first 60 days after Your receipt of this Agreement, or (b) the Agreement is cancelled by written notice after 60 days from the date You received the Agreement, then in either case, You will be refunded a pro-rated amount of the Agreement price, less any Claims paid and less an administrative fee of 10% of the Agreement price or $25, whichever is less, unless otherwise precluded by law. To arrange for cancellation of this Agreement, please contact Your Retailer.

CONNECTICUT only: The term of this Agreement is automatically extended by the length of time in which the Adjustable Bed is in the Provider/Obligor's custody for repair under the Agreement. In the event of a dispute with the Provider/Obligor, You may contact the State of Connecticut Insurance Department: P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Adjustable Bed, the cost of repair of the Adjustable Bed, and a copy of this Agreement.

DISTRICT OF COLUMBIA only: You may return this Agreement within 30 days of the date this Agreement was mailed to You, or the date of delivery if this Agreement was delivered to You at the time of sale. Upon return of the Agreement to the provider within the applicable time period, if no Claim has been made under this Agreement, the Agreement shall be void and We shall refund You or credit the account of this Agreement, with the full purchase price of this Agreement. The right to void this Agreement shall not be transferable and shall apply only to the original Protection Agreement purchaser and only if no Claim has been made prior to its return to the Us. If a Claim has been made under this Agreement within that time period, You may cancel this Agreement and We shall refund to You 100% of the unearned pro rata purchase price, less any Claims paid, and administrative fee charged. We may charge a reasonable administrative fee not to exceed 10% of the gross purchase price paid by You.

FLORIDA only: If You cancel this Agreement, You will receive a refund equal to 90% of the unearned pro rata purchase price of the Agreement, less any Claims that have been paid or less the cost of repairs made on Your behalf. To arrange for cancellation of this Agreement, please contact Your Retailer. If We cancel this Agreement, You will receive one hundred percent (100%) of the unearned pro rata purchase price of the Agreement, less any Claims paid or the cost of repairs made on Your behalf. The rates charged for the Agreement are not subject to regulation by the Florida Office of Insurance Regulation.

GEORGIA only: Arbitration: If You are a resident of Georgia, then the Section titled Arbitration does not apply to you. We may cancel the Contract upon thirty (30) days written notice to You for fraud, material misrepresentation, or nonpayment. Such notice shall provide the reason for cancellation and the effective date of such cancellation, and You shall be refunded 100% of the unearned pro rata purchase price, less Claims paid. A reasonable cancellation fee may be charged by Us not to exceed 10% of the unearned pro rata purchase price. You may cancel this Agreement at any time by notifying the Retailer in writing or by surrendering the Agreement to the Retailer, whereupon the Retailer will refund the unearned pro rata purchase price based on the time remaining on the request for cancellation. To arrange for cancellation of this Agreement, please contact Your Retailer. The Provider/Obligor is also entitled to cancel the Agreement at any time based upon fraud, misrepresentation, nonpayment of fees by You, or non-renewal. Administrator may cancel the Agreement upon thirty (30) days written notice to You. All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the Retailer. Procedures for cancellation of the Agreement will comply with section 33-7-6 of the Georgia code.

HAWAII only: You may return this Agreement within thirty (30) days of the date the Agreement was provided to You or within twenty (20) days if the Agreement was delivered to You at the time of sale. If you return this Agreement within the applicable time period, and If You made no Claim, this Agreement is void and the full purchase price will be refunded to You. To arrange for cancellation of this Agreement, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to the Retailer. These provisions apply only to the original purchaser of the Agreement. In the event the Provider/Obligor cancels the Agreement, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation by You relating to the Adjustable Bed or its use, or a substantial breach of Your duties relating to the Adjustable Bed or its use. Our obligations under this Agreement are insured under a service contract contractual liability policy issued by Arch Insurance Company, 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

ILLINOIS only: First Shield Consumer Service Corporation (and not the dealer or manufacturer) is the Provider/Obligor under this Agreement in the State of Illinois. The Provider/Obligor will pay the cost of covered parts and labor necessary to restore the Adjustable Bed to normal condition as a result of covered failure due to normal wear and tear. You may cancel this Agreement at any time. If You cancel this Agreement within the first thirty (30) days of purchase and if no service has been provided to You, You shall receive a full refund of the purchase price less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). If You cancel this Agreement at any other time or if You cancel after service has been provided to You, You shall receive a refund equal to the pro rata purchase price less the value of any service received and less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). To arrange for cancellation of this Agreement, please contact Your Retailer.

INDIANA only: This Agreement is not insurance and is not subject to Indiana insurance law.

MAINE only: [If the covered Adjustable Bed requires emergency repairs outside of normal business hours, You can submit your Claim by calling toll-free at [833-739-2987]

MARYLAND only: You may cancel this Agreement within 20 days after receipt of this Agreement if mailed to You or within 20 days after the date of delivery of this Agreement if delivered to You at the time of sale. If You cancel this Agreement within this time, and a Claim has not been made under the Agreement prior to its cancellation, the Agreement is void and We shall refund to You in the full consideration paid for this Agreement within 45 days after the cancellation. [Any means established by Us for quick informal settlement of a service contract dispute].

MASSACHUSETTS only: You have the duty to protect against any further damage after the covered Adjustable Bed has been damaged and shall follow the requirements contained in the owner's manual for the Adjustable Bed. Our obligations under this Agreement are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

MINNESOTA only: You have the duty to protect against any further damage to the covered Adjustable Bed after the Adjustable Bed has been damaged and shall follow the requirements contained in the owner's manual for the Adjustable Bed. Our obligations under this Agreement are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

MISSOURI only: Obligations of the provider under this service contract are guaranteed under a reimbursement insurance policy. If the provider fails to pay or provide service on a Claim within sixty days after proof of loss has been filed, the contract holder is entitled to make a claim directly against the insurance company. To arrange for cancellation of this Agreement, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to the Retailer. The following sentence is added as the last sentence of Section E What to do if you require service: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Agreement provisions.

MONTANA only: Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.

NEVADA only: In the event You are not satisfied with the manner in which We are handling a Claim, You may file a complaint with the Nevada Division of Insurance by calling (888) 872-3234. To arrange for cancellation of this Agreement, please contact Your Retailer. If We do not provide refund within 45 days of cancellation, We will pay You a penalty of 10 percent (10%) of the purchase price for each 30-day period that the refund remains unpaid. You may also cancel this Agreement at any other time and receive a refund equal to the pro rata purchase price. These provisions apply only to the original purchaser of the Agreement. We may not cancel this Agreement once it has been in effect for at least seventy (70) days, except for the following conditions: (a) Failure by You to pay the Agreement purchase price; (b) Your conviction of a crime which results in an increase in the service required under the Agreement; (c) Discovery of fraud or material misrepresentation perpetrated by You in purchasing this contact or obtaining service; (d) The discovery of an act or omission, or a violation of any condition of this Agreement by You which substantially and materially increases the service requested under the Agreement; or (e) A material change in the nature or extent of the service required under the Agreement, which occurs after the purchase of this Agreement, and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We cancel this Agreement for any of the above reasons, You will receive a refund equal to the pro rata purchase price. With respect to each Adjustable Bed covered under the Agreement, the Administrator and/or Provider/Obligor liability is limited to the original retail purchase price You paid for such Adjustable Bed. We may not cancel the Agreement until at least fifteen (15) days after the notice of cancellation has been mailed to You. The obligations under the Agreement are guaranteed by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.

NEW HAMPSHIRE only: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301, 1 [(800) 852-3416]. The obligations under this Agreement are insured by a contractual liability policy issued by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. In the event any covered service is not paid within sixty (60) days after proof of loss has been filed or the Provider/Obligor ceases to do business or goes bankrupt, You may file Your Claim directly with Arch Insurance Company.

NEW JERSEY only: Obligations of the provider under this agreement are insured under a service contract reimbursement insurance policy.

NEW MEXICO only: To arrange for cancellation of this Agreement, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten (10%) percent per month on a refund that is not made within sixty (60) days of the return of the Agreement. These provisions apply only to the original purchaser of the Agreement. We may not cancel this Agreement once it has been in effect for seventy (70) days except for the following conditions: (a) Failure to pay an amount when due; (b) Your conviction of a crime that results in an increase in the service required under the Agreement; (c) Fraud or material misrepresentation by You in obtaining the Agreement or in presenting a Claim for service thereunder; or (d) Discovery of an act or omission or a violation of any condition of the Agreement by You, which substantially and materially increases the service required under the Agreement. If We cancel this Agreement, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The written notice is not required, if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation, or a substantial breach of duties by You relating to the Adjustable Bed or its use.

NEW YORK only: The obligations of the Provider/Obligor under this Agreement are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company. If the Provider/Obligor fails to perform under this Agreement, including failure to return any unearned fee in the event of cancellation, Arch Insurance Company will pay all sums the Provider/Obligor is legally obligated to pay under this Agreement or perform any service the Provider/Obligor is legally obligated to perform under this Agreement. To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten percent (10%) per month on a refund that is not made within thirty (30) days of return of the Agreement. These provisions apply only to the original purchaser of the Agreement. In the event We cancel the Agreement, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. A written notice is not required, if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation, or a substantial breach of duties by You relating to the Adjustable Bed or its use. If a Claim for service has not been completed within sixty (60) days after proof of loss has been filed, the Claim can be submitted to Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, 1 [(800)-821-5546].

NORTH CAROLINA only: The purchase of this Agreement is not required in order to obtain financing. We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of the Agreement. If You cancel this Agreement, You will receive a pro-rata refund, less the cost of any Claims paid and less a cancellation fee of ten percent (10%) of the amount of the refund. To arrange for cancellation of this Agreement, please contact Your Retailer.

OKLAHOMA only: Obligations of the provider under this Agreement are insured under a service contract reimbursement insurance policy. The Provider/Obligor under this Agreement is First Shield Consumer Service Corporation (License # 510067482). In the event You cancel this Agreement, You shall receive a refund equal to ninety percent (90%) of the unearned pro-rata purchase price less the cost of any service received. To arrange for cancellation of this Agreement, please contact Your Retailer. In the event We cancel this Agreement, You shall receive a refund equal to one hundred percent (100%) of the unearned pro-rata purchase price, less the cost of any service received. This is not an insurance contract. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association. If You are a resident of Oklahoma, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement.

OREGON only: If You are a resident of Oregon, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement.

SOUTH CAROLINA only: In order to prevent damage to the Adjustable Bed, please refer to the owner's manual. This Agreement does not cover repair and replacement necessitated by loss or damage resulting from 1) any cause other than normal use and operation of the Adjustable Bed in accordance with manufacturer's specifications and/or owner's manual or 2) failure to use reasonable means to protect Your Adjustable Bed from further damage after a failure occurs. To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten percent (10%) per month on a refund that is not made within forty-five (45) days of return of the Agreement. These provisions apply only to the original purchaser of the Agreement. In the event We cancel the Agreement, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The written notice is not required if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation, or a substantial breach of duties by You relating to the covered Adjustable Bed or its use. In the event of a dispute with the provider of this contract, you may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201 or by phone at (800) 768-3467.

TEXAS only: If You cancel this Agreement within 30 days after the date of purchase We shall refund the full purchase price You paid for this Agreement less any Claims paid. To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten (10) percent of the amount outstanding per month on a refund that is not made within forty-five (45) days. These provisions apply only to the original purchaser of the Agreement. In the event We cancel the Agreement, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation by You relating to the covered Adjustable Bed or its use, or a substantial breach of Your duties relating to the covered Adjustable Bed or its use. Obligations of the Provider under the Agreement are insured under a service contract reimbursement policy. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy. In the event We do not pay out a Claim, You may apply for reimbursement directly to the insurer if a covered Claim is not provided to You by the Us before the 61st day after the date the You provide a proof of loss. Texas License Number of the Administrator: 300

UTAH only: The language in the CANCELLATION section regarding Our rights to cancel this Agreement is deleted and replaced with: We may cancel this Agreement by providing You with thirty (30) days written notice for the following reasons only: material misrepresentation, substantial change in the risk assumed or substantial breaches of contractual duties. We may cancel this Agreement by providing You with ten (10) days written notice, if the reason for cancellation is non-payment by You. The following sentence is added as the last sentence of the WHAT TO DO IF YOU REQUIRE SERVICE section: If it is an emergency situation and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Agreement provisions. All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the Retailer. The following sentences are added to the end of the DISPUTE RESOLUTION section: 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 JUDGEMENT IN ANY COURT OF PROPER JURISDICTION. Our obligations under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, 1 (800)-821-5546. Should the provider fail to pay or provide service on any Claim within 60 days after proof of loss has been filed, the contract holder is entitled to make a Claim directly against the Insurance Company. Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guaranty Association. This Service Agreement or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this contract is not guaranteed by the Property and Casualty Guaranty Association.

VERMONT only: To arrange for cancellation of this Agreement, please contact Your Retailer. Our obligations under this Agreement are supported by a contractual liability insurance policy issued by Arch Insurance Company. In the event that We are unable to perform under the Agreement, Arch Insurance Company, which shall pay on Our behalf any sums We are legally obligated to pay and shall provide the service, which We are legally obligated to perform according to Our contractual obligations under the Agreement.

VIRGINIA only: If any promise made in the Agreement 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. You are hereby notified that the purchase of the contract is not mandatory and may be waived.

WASHINGTON only: You may return this Agreement within twenty (20) days of the date the Agreement was provided to You or within ten (10) days, if the Agreement was delivered to You at the time of sale. We will pay a penalty of ten percent (10%) per month on a refund that is not made within thirty (30) days of return of the Agreement. The "Guarantee" provision of these Terms and Conditions as set forth above is deleted in its entirety and replaced with the following: This is not an insurance policy. Obligations of the service contract provider under this service contract are insured under a service contract reimbursement insurance policy The provider is First Shield Consumer Service Corporation, located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. You may contact them toll-free at [855-671-1378].

WISCONSIN only: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Arbitration: If You are a resident of Wisconsin, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement. If a Claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, or if the Provider becomes insolvent or otherwise financially impaired, the Claim can be submitted to Arch Insurance Company, who insures Our obligations under this Agreement, located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, [(800)-821-5546. To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten (10) percent per month on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to Us. We may be cancel this Contract for the following reasons only: (a) for nonpayment of the provider fee, (b) material misrepresentation by You to Us or the administrator, or (c) substantial breach of duties by You relating to the covered product or its use. If We cancel the Contract for any those reasons we will deliver to You, at Your last-known address in Our records, written notice stating the effective date of and the reason for the cancellation at least 5 days prior to effective date of cancellation, and You shall be refunded 100% of the unearned pro rata purchase price, less Claims paid. We may charge a reasonable administrative fee for cancellation, which may not exceed ten percent (10%) of the purchase price you paid for this Contract. These provisions apply only to the original purchaser of the Agreement. In the event that You experience a total loss of the Adjustable Bed covered by this Agreement that is not covered by a replacement of the Adjustable Bed pursuant to the terms of the Agreement, You shall be entitled to cancel this Agreement and receive a pro rata refund of any unearned Agreement fee, less any Claims paid. Lack of pre-authorization shall not be the sole grounds for a Claim denial; however, unauthorized repairs may not be covered if evaluated to have been at an unreasonable expense. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.

WYOMING only: To arrange for cancellation of this Agreement, please contact Your Retailer. We will pay a penalty of ten (10) percent on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to Us. These provisions apply only to the original purchaser of the Agreement. In the event We cancel this Agreement, We will mail a written notice to You at Your last known address at least ten (10) days prior to cancellation, which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required, if the reason for cancellation is nonpayment of the Agreement fee, a material misrepresentation by You relating to the covered Adjustable Bed or its use, or a substantial breach of Your duties relating to the covered Adjustable Bed or its use. Obligations under this Agreement are insured by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. In the event covered service is not provided by Us within sixty (60) days of You submitting proof, You are entitled to apply directly to the reimbursement insurance company. If You are a resident of Wyoming, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory. If the parties agree to arbitrate any dispute, the terms that will apply to such arbitration, including whether the decision by the arbitrator(s) will be binding on the parties, must be by mutual agreement. All arbitration proceedings will be conducted in the state of Wyoming.

SECTION 21 – ENTIRE CONTRACT

The terms and conditions herein together with Your Receipt sets forth the entire Agreement between the parties and no representation, promise, or condition not contained herein shall modify these terms.

The terms and conditions herein together with Your Receipt sets forth the entire Agreement between the parties and no representation, promise, or condition not contained herein shall modify these terms.

SECTION 21 – SAMPLE PURCHASE RECEIPT


To request a large print version of these conditions, please email support@seel.com or call 1.844.696.1217.


Insurance benefits are provided by Seel Insurance Inc. or Arch Specialty Insurance Company, and policies are offered and administered by Seel Insurance Services, Inc., depending on jurisdiction and product availability. Coverage is subject to the terms, conditions, limitations, and exclusions of the applicable policy and may not be available in all jurisdictions. Carrier participation, eligibility, and product availability may vary by state in accordance with applicable laws and regulations.

Insurance benefits are provided by Seel Insurance Inc. or Arch Specialty Insurance Company, and policies are offered and administered by Seel Insurance Services, Inc., depending on jurisdiction and product availability. Coverage is subject to the terms, conditions, limitations, and exclusions of the applicable policy and may not be available in all jurisdictions. Carrier participation, eligibility, and product availability may vary by state in accordance with applicable laws and regulations.

Insurance benefits are provided by Seel Insurance Inc. or Arch Specialty Insurance Company, and policies are offered and administered by Seel Insurance Services, Inc., depending on jurisdiction and product availability. Coverage is subject to the terms, conditions, limitations, and exclusions of the applicable policy and may not be available in all jurisdictions. Carrier participation, eligibility, and product availability may vary by state in accordance with applicable laws and regulations.

Insurance benefits are provided by Seel Insurance Inc. or Arch Specialty Insurance Company, and policies are offered and administered by Seel Insurance Services, Inc., depending on jurisdiction and product availability. Coverage is subject to the terms, conditions, limitations, and exclusions of the applicable policy and may not be available in all jurisdictions. Carrier participation, eligibility, and product availability may vary by state in accordance with applicable laws and regulations.