SEEL SERVICE PLAN
Terms and Conditions
SECTION 1 – DEFINITIONS
This Contract will cover a Breakdown of the Covered Product(s) as cited in Section 7A COVERED PRODUCTS.
A. Administrator: The administrator under this Contract is Seel Warranty Services, Inc., 8 California Street Suite 400, San Francisco, 94111, Toll Free Phone Number 844-696-1217.
B. Breakdown: Failure of the Covered Product to operate as intended under normal conditions due to a mechanical failure or electronic failure, or for coverage as described in Section 7.
C. Business or Commercial Use: Products used for any purpose other than personal use.
D. Contract: The Registration Page plus the Terms and Conditions comprise this Contract.
E. Covered Product: The item covered under this Contract listed in Section 3 of the Registration Page and defined in Section 7A (COVERED PRODUCTS)
F. Provider, Obligor, We, Us, Our: The company obligated under this Agreement is: Lexington National Warranty Services, LLC, P.O. Box 6098, Lutherville, MD 21094, (415) 463-8792.
G. Term: The coverage period for this Contract, as detailed in Section 4 on the Registration Page, begins on the Contract Purchase Date indicated in Section 3 of the Registration Page. You must retain a copy of this contract and the original receipt for the Covered Product, as they are needed to obtain service.
H. You, Your, Contract Holder: The purchaser of this Contract listed in Section 1 of the Registration Page.
This Contract will cover a Breakdown of the Covered Product(s) as cited in Section 7A COVERED PRODUCTS.
A. Administrator: The administrator under this Contract is Seel Warranty Services, Inc., 8 California Street Suite 400, San Francisco, 94111, Toll Free Phone Number 844-696-1217.
B. Breakdown: Failure of the Covered Product to operate as intended under normal conditions due to a mechanical failure or electronic failure, or for coverage as described in Section 7.
C. Business or Commercial Use: Products used for any purpose other than personal use.
D. Contract: The Registration Page plus the Terms and Conditions comprise this Contract.
E. Covered Product: The item covered under this Contract listed in Section 3 of the Registration Page and defined in Section 7A (COVERED PRODUCTS)
F. Provider, Obligor, We, Us, Our: The company obligated under this Agreement is: Lexington National Warranty Services, LLC, P.O. Box 6098, Lutherville, MD 21094, (415) 463-8792.
G. Term: The coverage period for this Contract, as detailed in Section 4 on the Registration Page, begins on the Contract Purchase Date indicated in Section 3 of the Registration Page. You must retain a copy of this contract and the original receipt for the Covered Product, as they are needed to obtain service.
H. You, Your, Contract Holder: The purchaser of this Contract listed in Section 1 of the Registration Page.
SECTION 2 – HOW THIS CONTRACT WORKS
We will repair or replace the Covered Product, or at Our option reimburse the purchase price of Your Covered Product as shown in Section 3 of the registration page.
PRODUCTS THAT ARE COVERED BY A MANUFACTURER'S WARRANTY
Covered Products experiencing a Breakdown that are still covered under the manufacturer's warranty period must be serviced by a manufacturer's authorized technician. This Contract includes and runs concurrently with the manufacturer's warranty, it does not replace it. This Contract provides benefits in addition to the manufacturer's warranty. IF THE TERM OF THIS CONTRACT OVERLAPS WITH THE TERM OF THE COVERED PRODUCT’S MANUFACTURER'S WARRANTY, LOOK FIRST TO YOUR COVERED PRODUCT’S MANUFACTURER'S WARRANTY FOR COVERAGE. THIS CONTRACT EXCLUDES COVERAGE FOR ANY LOSS COVERED BY YOUR COVERED PRODUCT’S MANUFACTURER'S WARRANTY, BUT MAY NEVERTHELESS PROVIDE BENEFITS IN ADDITION TO THOSE PROVIDED BY YOUR PRODUCT’S MANUFACTURER'S WARRANTY
ELIGIBILITY FOR COVERAGE
You must purchase this Contract at the same time as the purchase of the Covered Product. The Covered Product must have a valid manufacturer warranty of at least ninety days in effect when this Contract is purchased.
We will repair or replace the Covered Product, or at Our option reimburse the purchase price of Your Covered Product as shown in Section 3 of the registration page.
PRODUCTS THAT ARE COVERED BY A MANUFACTURER'S WARRANTY
Covered Products experiencing a Breakdown that are still covered under the manufacturer's warranty period must be serviced by a manufacturer's authorized technician. This Contract includes and runs concurrently with the manufacturer's warranty, it does not replace it. This Contract provides benefits in addition to the manufacturer's warranty. IF THE TERM OF THIS CONTRACT OVERLAPS WITH THE TERM OF THE COVERED PRODUCT’S MANUFACTURER'S WARRANTY, LOOK FIRST TO YOUR COVERED PRODUCT’S MANUFACTURER'S WARRANTY FOR COVERAGE. THIS CONTRACT EXCLUDES COVERAGE FOR ANY LOSS COVERED BY YOUR COVERED PRODUCT’S MANUFACTURER'S WARRANTY, BUT MAY NEVERTHELESS PROVIDE BENEFITS IN ADDITION TO THOSE PROVIDED BY YOUR PRODUCT’S MANUFACTURER'S WARRANTY
ELIGIBILITY FOR COVERAGE
You must purchase this Contract at the same time as the purchase of the Covered Product. The Covered Product must have a valid manufacturer warranty of at least ninety days in effect when this Contract is purchased.
SECTION 3 – WHAT IS COVERED
A. COVERED PRODUCTS
Consumer goods that are purchased concurrently with this Contract.
B. COVERAGE FOR REPAIR CONTRACTS
If SECTION 4 indicates that the Covered Product is protected by a Repair Contract, We will either directly pay on Your behalf, or reimburse You, based on pre-approval by Us, the cost of parts and services needed to repair Your Covered Product due to a Breakdown. Replacement parts may be new or refurbished to meet the manufacturer's specifications of the Covered Product. Repair services must be performed by a qualified repair technician.
To qualify for reimbursement, you must submit proof of payment for services rendered on Your Covered Product. Failure to provide proof of payment for service may cause Your claim to be denied. We are not responsible for any delays in service or the loss of use of the Covered Product while it is being repaired, replaced, evaluated, or diagnosed.
C. COVERAGE FOR REPLACEMENT
If SECTION 4 indicates that the Covered Product is protected by a Replacement Contract, We will replace the Covered Product, when required hereunder, with the same make/model up to the Covered Product Purchase Price of Your Covered Product, excluding sales tax, shipping, and handling costs which are not covered by this Agreement and are Your responsibility. If the same make/model is not available, a product of like kind or similar quality with a value up to the Covered Product Purchase Price may be provided. You may be required to return the original Covered Product in order to receive Your replacement product. If You are required to return your original Covered Product, You will receive reimbursement for the cost to ship the original Covered Product to the address provided by the Administrator (see section 8A HOW TO FILE A CLAIM).
This Contract shall be considered fulfilled upon replacement of the Covered Product or the issuance of a compensation payment to You in the amount of the Covered Product Purchase Price in lieu of replacement of a Covered Product.
D. ACCIDENTAL DAMAGE IN HANDLING ("ADH")
If SECTION 4 indicates that the Covered Product is protected against accidental damage in handling, the Covered Product is protected against accidental damage in handling, such as drops and liquid spills. Immersion of Your Covered Product is not covered under this Agreement. ADH only covers operational or mechanical failure caused by a single incident while handling and does not include any protection against theft, mysterious disappearance, misplacement, viruses or reckless, abusive, willful or intentional misconduct associated with handling and/or use of the Covered Product, cosmetic damage, and/or other damage that does not affect the unit's functionality.
For the purpose of this Agreement, Accidental Damage is defined as a single, unexpected, sudden and unintentional event and does not include accumulated damage from continual or multiple events. The use of this coverage requires an explanation of where and when the Accidental Damage occurred as well as a detailed description of the actual event.
E. POWER SURGE PROTECTION
This Agreement provides power surge protection from the Covered Product Purchase Date of the Covered Product in the absence of other insurance coverage. If the Covered Product is damaged as a result of a power surge, We will repair or replace the Covered Product in accordance with the terms herein. You may be required to submit proof of claim denial from Your insurer, if applicable.
A. COVERED PRODUCTS
Consumer goods that are purchased concurrently with this Contract.
B. COVERAGE FOR REPAIR CONTRACTS
If SECTION 4 indicates that the Covered Product is protected by a Repair Contract, We will either directly pay on Your behalf, or reimburse You, based on pre-approval by Us, the cost of parts and services needed to repair Your Covered Product due to a Breakdown. Replacement parts may be new or refurbished to meet the manufacturer's specifications of the Covered Product. Repair services must be performed by a qualified repair technician.
To qualify for reimbursement, you must submit proof of payment for services rendered on Your Covered Product. Failure to provide proof of payment for service may cause Your claim to be denied. We are not responsible for any delays in service or the loss of use of the Covered Product while it is being repaired, replaced, evaluated, or diagnosed.
C. COVERAGE FOR REPLACEMENT
If SECTION 4 indicates that the Covered Product is protected by a Replacement Contract, We will replace the Covered Product, when required hereunder, with the same make/model up to the Covered Product Purchase Price of Your Covered Product, excluding sales tax, shipping, and handling costs which are not covered by this Agreement and are Your responsibility. If the same make/model is not available, a product of like kind or similar quality with a value up to the Covered Product Purchase Price may be provided. You may be required to return the original Covered Product in order to receive Your replacement product. If You are required to return your original Covered Product, You will receive reimbursement for the cost to ship the original Covered Product to the address provided by the Administrator (see section 8A HOW TO FILE A CLAIM).
This Contract shall be considered fulfilled upon replacement of the Covered Product or the issuance of a compensation payment to You in the amount of the Covered Product Purchase Price in lieu of replacement of a Covered Product.
D. ACCIDENTAL DAMAGE IN HANDLING ("ADH")
If SECTION 4 indicates that the Covered Product is protected against accidental damage in handling, the Covered Product is protected against accidental damage in handling, such as drops and liquid spills. Immersion of Your Covered Product is not covered under this Agreement. ADH only covers operational or mechanical failure caused by a single incident while handling and does not include any protection against theft, mysterious disappearance, misplacement, viruses or reckless, abusive, willful or intentional misconduct associated with handling and/or use of the Covered Product, cosmetic damage, and/or other damage that does not affect the unit's functionality.
For the purpose of this Agreement, Accidental Damage is defined as a single, unexpected, sudden and unintentional event and does not include accumulated damage from continual or multiple events. The use of this coverage requires an explanation of where and when the Accidental Damage occurred as well as a detailed description of the actual event.
E. POWER SURGE PROTECTION
This Agreement provides power surge protection from the Covered Product Purchase Date of the Covered Product in the absence of other insurance coverage. If the Covered Product is damaged as a result of a power surge, We will repair or replace the Covered Product in accordance with the terms herein. You may be required to submit proof of claim denial from Your insurer, if applicable.
SECTION 4 – HOW TO FILE A CLAIM
A. TO OBTAIN SERVICE
Damage to the Covered Product must be reported to the Administrator within thirty (30) days of discovery. You can report Your claim by contacting the Administrator's customer service department at 844-696-1217 or online at [https://resolution.seel.com/].
You will need to have Your: (1) original receipt showing Your purchase of the Covered Product and this Contract; (2) the original copy of this Contract or the unique registration number printed on this Contract; and (3) the discovery date of the damage or Covered Product failure to operate. You shall reasonably cooperate with the Administrator in their efforts to perform Our obligations under this Contract. Failure to comply with the provisions in this Contract may void any claim.
B. On some products, telephone support by a technician will be available. You may be asked to check some basic operational functions and given possible solutions to get Your Covered Product back to working condition.
A. TO OBTAIN SERVICE
Damage to the Covered Product must be reported to the Administrator within thirty (30) days of discovery. You can report Your claim by contacting the Administrator's customer service department at 844-696-1217 or online at [https://resolution.seel.com/].
You will need to have Your: (1) original receipt showing Your purchase of the Covered Product and this Contract; (2) the original copy of this Contract or the unique registration number printed on this Contract; and (3) the discovery date of the damage or Covered Product failure to operate. You shall reasonably cooperate with the Administrator in their efforts to perform Our obligations under this Contract. Failure to comply with the provisions in this Contract may void any claim.
B. On some products, telephone support by a technician will be available. You may be asked to check some basic operational functions and given possible solutions to get Your Covered Product back to working condition.
SECTION 5 – WHAT IS NOT COVERED
This Contract does not cover:
Products without a manufacturer's warranty
Products with less than an original ninety day manufacturer's parts and labor limited warranty
Covered Products used for business or commercial use.
Any Covered Product located outside the United States (50 states and the District of Columbia).
Normal wear and tear unless tied to an electrical or mechanical breakdown.
Any additional accessories or attachments.
Replacements or repairs necessitated by operator or owner negligence such as the failure to properly maintain the Covered Product according to the owner's manual instructions, improper installation, abuse, misuse, vandalism, theft, mold, mildew, rust or corrosion, animal or insect infestation, damage caused by lightning and other acts of nature.
Service required as a result of any alteration of the Covered Product or equipment.
Repairs made during the contract term that are not authorized by us.
Repairs made by parties not specifically authorized by us.
Expendable and consumable items, including, but not limited to: any filters, light bulbs, batteries, fluids (fuel, oil, etc.), and other operating supplies.
Any products purchased as "reconditioned" or "used".
Covered Products that have a voided or invalid manufacturer's warranty.
Abnormal usage of the Covered Product.
This Contract does not cover:
Products without a manufacturer's warranty
Products with less than an original ninety day manufacturer's parts and labor limited warranty
Covered Products used for business or commercial use.
Any Covered Product located outside the United States (50 states and the District of Columbia).
Normal wear and tear unless tied to an electrical or mechanical breakdown.
Any additional accessories or attachments.
Replacements or repairs necessitated by operator or owner negligence such as the failure to properly maintain the Covered Product according to the owner's manual instructions, improper installation, abuse, misuse, vandalism, theft, mold, mildew, rust or corrosion, animal or insect infestation, damage caused by lightning and other acts of nature.
Service required as a result of any alteration of the Covered Product or equipment.
Repairs made during the contract term that are not authorized by us.
Repairs made by parties not specifically authorized by us.
Expendable and consumable items, including, but not limited to: any filters, light bulbs, batteries, fluids (fuel, oil, etc.), and other operating supplies.
Any products purchased as "reconditioned" or "used".
Covered Products that have a voided or invalid manufacturer's warranty.
Abnormal usage of the Covered Product.
SECTION 6 – CONDITIONS
A. RENEWAL
This Contract is NOT RENEWABLE.
B. TRANSFERABILITY
This Contract is NOT TRANSFERABLE.
C. TERRITORIES
This Contract territory is limited to the United States of America, including all 50 states and the District of Columbia. The territory does not include U.S. Territories, including Guam, Puerto Rico, or U.S. Virgin Islands.
D. SUBROGATION
If We pay or render service for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay or render service for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover.
E. DEDUCTIBLE
There is no deductible required to obtain service for repair or replacement of the Covered Product.
A. RENEWAL
This Contract is NOT RENEWABLE.
B. TRANSFERABILITY
This Contract is NOT TRANSFERABLE.
C. TERRITORIES
This Contract territory is limited to the United States of America, including all 50 states and the District of Columbia. The territory does not include U.S. Territories, including Guam, Puerto Rico, or U.S. Virgin Islands.
D. SUBROGATION
If We pay or render service for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay or render service for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover.
E. DEDUCTIBLE
There is no deductible required to obtain service for repair or replacement of the Covered Product.
SECTION 7 – LIMIT OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE OF THE COVERED PRODUCT, OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF THE COVERED PRODUCT, DELAYS IN REPAIR OR REPLACEMENT, OR THE INABILITY TO REPAIR OR REPLACE ANY COVERED PRODUCT. UNDER NO CIRCUMSTANCES WILL THE OBLIGATIONS UNDER THIS CONTRACT EXCEED THE PURCHASE PRICE PAID, EXCLUDING TAX AND DELIVERY COSTS, FOR THE COVERED PRODUCT.
Our cost and liability to provide service, repair, or replacement under this Contract is limited to the lesser of the cost of authorized repairs or replacement of the Covered Product with a product of equal or similar features and functionality. In no event will Our total liability for all repairs or replacement exceed the lesser of the original purchase price of the Covered Product, excluding tax and delivery costs.
EXCEPT AS OTHERWISE REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE OF THE COVERED PRODUCT, OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF THE COVERED PRODUCT, DELAYS IN REPAIR OR REPLACEMENT, OR THE INABILITY TO REPAIR OR REPLACE ANY COVERED PRODUCT. UNDER NO CIRCUMSTANCES WILL THE OBLIGATIONS UNDER THIS CONTRACT EXCEED THE PURCHASE PRICE PAID, EXCLUDING TAX AND DELIVERY COSTS, FOR THE COVERED PRODUCT.
Our cost and liability to provide service, repair, or replacement under this Contract is limited to the lesser of the cost of authorized repairs or replacement of the Covered Product with a product of equal or similar features and functionality. In no event will Our total liability for all repairs or replacement exceed the lesser of the original purchase price of the Covered Product, excluding tax and delivery costs.
SECTION 8 – CONTRACT CANCELLATION
You may cancel this Contract for any reason and at any time by initiating a request with the Administrator via their website or using their toll-free number found within this Contract.
If You request to cancel this Contract within thirty (30) days from the Contract Purchase Date without making any claims ("Free Look Period"), You will be refunded the full Contract Purchase Price. No cancellation fee applies.
If You request to cancel this Contract within thirty (30) days from the Contract Purchase Date after making a claim or after thirty (30) days from the Contract Purchase Date, You will receive at least a pro-rata refund of the Contract Price based on the elapsed Term, less the costs of any services or claims made. No cancellation fee applies.
In the event of reasonable suspicion of fraud, material misrepresentation n, or a substantial breach of Your duties under this Contract, We may cancel this Contract immediately and without prior notice and We may demand immediate payment of the cost of all services provided to You, less Your payments made, and no refund of any kind will be issued.
In the event of non-payment by You, We may cancel this Contract immediately.
You may cancel this Contract for any reason and at any time by initiating a request with the Administrator via their website or using their toll-free number found within this Contract.
If You request to cancel this Contract within thirty (30) days from the Contract Purchase Date without making any claims ("Free Look Period"), You will be refunded the full Contract Purchase Price. No cancellation fee applies.
If You request to cancel this Contract within thirty (30) days from the Contract Purchase Date after making a claim or after thirty (30) days from the Contract Purchase Date, You will receive at least a pro-rata refund of the Contract Price based on the elapsed Term, less the costs of any services or claims made. No cancellation fee applies.
In the event of reasonable suspicion of fraud, material misrepresentation n, or a substantial breach of Your duties under this Contract, We may cancel this Contract immediately and without prior notice and We may demand immediate payment of the cost of all services provided to You, less Your payments made, and no refund of any kind will be issued.
In the event of non-payment by You, We may cancel this Contract immediately.
SECTION 9 – INSURANCE STATEMENT
This Contract is a service contract and not an insurance policy or contract or a warranty subject to the federal Magnuson-Moss Act. Our obligations under this Agreement are insured under an insurance policy issued by Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at [888-888-2245]. In the event the Obligor fails to pay an authorized claim within sixty (60) days after proof of loss has been filed, You may file a direct claim with Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245. For Florida Contracts, The Obligor for this Contract is Lexington National Insurance Corporation. located at 11426 York Road, 2nd floor, Cockeysville, Maryland 21030.
This Contract is a service contract and not an insurance policy or contract or a warranty subject to the federal Magnuson-Moss Act. Our obligations under this Agreement are insured under an insurance policy issued by Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at [888-888-2245]. In the event the Obligor fails to pay an authorized claim within sixty (60) days after proof of loss has been filed, You may file a direct claim with Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245. For Florida Contracts, The Obligor for this Contract is Lexington National Insurance Corporation. located at 11426 York Road, 2nd floor, Cockeysville, Maryland 21030.
SECTION 10 – ARBITRATION AND CLASS ACTION WAIVER
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS OF YOURS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES IN COURT AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND WE AGREE TO RESOLVE ANY AND ALL DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE PROCEEDINGS.
Under this provision, "Dispute" includes any claim or controversy arising out of or relating in any way to this Contract—whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. This Arbitration Agreement is subject to and governed by the Federal Arbitration Act ("FAA"). This Arbitration Agreement is intended to be broadly interpreted and shall survive any termination or cancellation of this Contract. This Arbitration Agreement applies to Our respective parents, subsidiaries, affiliates, service contract insurers, obligors, agents, employees, successors, and assignees. You and We agree to waive the right to participate in class actions or representative proceedings. The American Arbitration Association ("AAA") will administer any arbitration and will do so in accordance with its rules in effect at the time the claim is filed. You may obtain a copy of the AAA rules by visiting www.adr.org.www.adr.org. Unless You and We agree otherwise, any arbitration hearing will take place in the county of the Service Address. The right to a hearing will be determined by the AAA Rules. However, if the claim is for $10,000 or less, You may decide whether You want the arbitration to be conducted instead: (a) Only on the basis of documents or (b) through a telephone hearing.
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS OF YOURS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES IN COURT AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND WE AGREE TO RESOLVE ANY AND ALL DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE PROCEEDINGS.
Under this provision, "Dispute" includes any claim or controversy arising out of or relating in any way to this Contract—whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. This Arbitration Agreement is subject to and governed by the Federal Arbitration Act ("FAA"). This Arbitration Agreement is intended to be broadly interpreted and shall survive any termination or cancellation of this Contract. This Arbitration Agreement applies to Our respective parents, subsidiaries, affiliates, service contract insurers, obligors, agents, employees, successors, and assignees. You and We agree to waive the right to participate in class actions or representative proceedings. The American Arbitration Association ("AAA") will administer any arbitration and will do so in accordance with its rules in effect at the time the claim is filed. You may obtain a copy of the AAA rules by visiting www.adr.org.www.adr.org. Unless You and We agree otherwise, any arbitration hearing will take place in the county of the Service Address. The right to a hearing will be determined by the AAA Rules. However, if the claim is for $10,000 or less, You may decide whether You want the arbitration to be conducted instead: (a) Only on the basis of documents or (b) through a telephone hearing.
SECTION 11 – ADDITIONAL DISCLOSURES
LIMITED APPLICABILITY OF THE FEDERAL MAGNUSON MOSS WARRANTY ACT: You agree and acknowledge that You have paid an additional fee for this Agreement that is separate and apart from the purchase price You paid for the Covered Product. Because of that separately stated consideration, You agree and acknowledge that this Agreement is not part of the basis of the bargain for Your purchase of the Covered Product. You further agree and acknowledge that We, the Obligor under this Agreement, are not the supplier of the Covered Product. Consequently, this Agreement is not a "written warranty" under the federal Magnuson Moss Warranty Act. As a result, this Agreement is not subject to the provisions of the Magnuson Moss Warranty Act that apply only to a "written warranty".
LIMITED APPLICABILITY OF THE FEDERAL MAGNUSON MOSS WARRANTY ACT: You agree and acknowledge that You have paid an additional fee for this Agreement that is separate and apart from the purchase price You paid for the Covered Product. Because of that separately stated consideration, You agree and acknowledge that this Agreement is not part of the basis of the bargain for Your purchase of the Covered Product. You further agree and acknowledge that We, the Obligor under this Agreement, are not the supplier of the Covered Product. Consequently, this Agreement is not a "written warranty" under the federal Magnuson Moss Warranty Act. As a result, this Agreement is not subject to the provisions of the Magnuson Moss Warranty Act that apply only to a "written warranty".
SECTION 12 – STATE-SPECIFIC DISCLOSURES
Alabama Residents: The Contract Cancellation section is amended with the following: You may cancel this Contract within twenty (20) days of the receipt of these terms and conditions, and if no claim has been made during this period, the Contract is void and We shall refund to You the full purchase price of the Contract. Any refund due to You will be credited to any outstanding balance of Your account, and the excess, if any, shall be refunded to You. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after You cancel the Contract. If You cancel this Contract after twenty (20) days of receipt of this Contract, We shall refund to You the unearned portion of the full purchase price of the Contract including the unearned portion of any premium paid for any applicable insurance policy. Any refund due to You will be credited to any outstanding balance of Your account, and the excess, if any shall be refunded to You. We reserve the right to cancel this Contract for any reason upon at least five (5) days prior written notice to You at Your last known address. The notice will state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for Our cancellation is nonpayment of the provider fee or material misrepresentation by You relating to the covered property or its use. If We cancel this Contract, a pro-rata refund will be issued for the unexpired term, less the costs of any claims paid. In the event of cancellation for reasonable suspicion of fraud or material misrepresentation, We may demand immediate payment of the cost of all services provided to You, less Your payments made, and no refund of any kind will be issued.
Arizona Residents: In the event You do not receive satisfaction under this Contract, You may contact the Arizona Department of Insurance and Financial Institutions' Consumer Protection Division at 100 N. 15 Ave., Suite 261, Phoenix, AZ 85007- 3630 or by calling 602-364-2499 or website difi.az.gov. In the "What is not Covered" Section, paragraphs H, I, and J are deleted and replaced with the following: SERVICE REQUIRED AS A RESULT OF ANY ALTERATION, KNOWN BY YOU, OF THE COVERED PRODUCT OR EQUIPMENT. REPAIRS MADE DURING THE CONTRACT TERM, KNOWN BY YOU, THAT ARE NOT AUTHORIZED BY US. REPAIRS MADE BY PARTIES NOT SPECIFICALLY AUTHORIZED BY US, WHICH ARE KNOWN BY YOU. The Contract Cancellation section amended to state: "If this Contract is cancelled, You will receive a pro-rata refund after deducting for claims paid and administration expenses associated with the cancellation. We reserve the right to cancel this Contract upon at least thirty (30) days prior written notice. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Contract, cancellation may be immediate and without prior notice. We may not cancel or void this Contract for any of the following reasons: (1) Preexisting conditions that were known or that reasonably should have been known by Us or Our subcontractors; (2) prior use or unlawful acts relating to the product; or (3) misrepresentation by Us or Our subcontractors. Neither We, Our assignees, nor Our subcontractors may cancel or void coverage under this Contract due to Our failure to provide correct information or Our failure to perform the services or repairs provided in a timely, competent, and workmanlike manner." The Arbitration Agreement of this Contract does not preclude you from contacting the Consumer Protection Division of the Arizona Department of Insurance and Financial Institutions' Consumer Protection Division at 100 N. 15 Ave., Suite 261, Phoenix, AZ 85007- 3630 or by calling 602-364-2499 or website difi.az.gov. We will deny coverage for the reasons set forth in these terms and conditions only if these situations occurred while You own the Covered Product. Obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation.
Arkansas Residents: The Contract Cancellation section is amended to state: "You may cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if this Contract is delivered to You at the time of sale or within a longer time period permitted under this Contract. If You have not received any protection, You are entitled to a full refund of the amount paid by You under this Contract. A ten (10%) penalty per month must be added to a refund that is not paid or credited to You within forty-five (45) days after the cancellation of this Contract.
California Residents: The Contract Cancellation Section is amended as follows: "Cancellation requests made within sixty (60) days from the start of the coverage Term or within thirty (30) days from receipt of the Contract, whichever is later, will receive a 100% refund of the full Contract Price if no claim has been made under the Contract. If You are not refunded or credited the amount You paid within thirty (30) days, a ten percent (10%) penalty per annum will be added to the refund for each thirty (30) days or fraction thereof until the refund is paid. This only applies to the original Contract purchaser and is not transferable. Cancellation requests made more than sixty (60) days from the start of the coverage Term or after thirty (30) days from receipt of theContract, whichever is later, or if a claim was made under the Contract within the first sixty (60) days, will receive at least a pro-rata refund of the Contract Price based on the elapsed coverage Term. This Contract may be canceled by You for any reason, including the Covered Product being sold, lost, stolen or destroyed. California residents may submit complaints to the Bureau of Household Goods and Services (BHGS) by calling (916) 999- 2041, or writing to [4244 S. Market Ct. Ste. D, Sacramento, CA 95834], or by visiting www.bhgs.dca.ca.gov. In-home services are not provided under this Contract. You are responsible for transportation costs of Your Covered Product to obtain service.
Colorado Residents: Action under this Contract may be covered by the provisions of the "Colorado Consumer Protection Act" or the "Unfair Practices Act" articles 1 and 2 of title 6, C.S.R., and a party to such an agreement may have the right of civil action under such laws, including obtaining the recourse or penalties specified in such laws.
Connecticut Residents: In-home services are not available. If Your Expiration Date occurs while Your Covered Product is being repaired, Your coverage will extend until the repair is completed. Obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation. If we fail to pay or provide service on a claim within sixty (60) days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. Resolution of Disputes: If we are unable to resolve any disputes with You regarding this Contract, You may file a written complaint to the: State of Connecticut, Insurance Department, [P.O. Box 816, Hartford, CT 06142-0816], Attn: Consumer Affairs.
District of Columbia Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, You may cancel this Contract within thirty (30) days of the date this Contract was mailed to You or the date of delivery if this Contract is delivered to You at the time of sale or within a longer time period permitted under this Contract and if You have not received any protection, You are entitled to a full refund of the amount paid by You under this Contract. A ten percent (10%) penalty per month on the Contract Price amount for this Contract must be added to a refund that is not paid or credited to You within forty-five (45) days after the cancellation of this Contract. Your right to cancel this Contract and receive a full refund is not transferable and applies only to the original Contract purchaser.
Florida Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the Contract shall be cancelled by Us for fraud or material misrepresentation. Unauthorized repair or replacement of covered equipment shall result in the cancellation of the Contract by Us. In the event of cancellation by Us, written notice of cancellation shall be mailed to You not less than sixty (60) days before cancellation is effective. If we cancel the Contract, the return premium is based upon one hundred percent (100%) of the unearned pro rata premium less claims paid. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Contract, Our cancellation may be immediate. The rate which is charged for this Contract is not subject to regulation by the Florida Office of Insurance Regulation.
Georgia Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, this Contract shall be non-cancellable by Us except for fraud, material misrepresentation, or failure to pay consideration therefore due. The cancellation shall be in writing and shall conform to the requirements of Georgia Code 33-7-6. In the event of cancellation by Us, written notice of cancellation shall be mailed to You at Your last known address not less than thirty (30) days before cancellation is effective. You may cancel this Contract: (a) within thirty (30) days after its purchase and receive a full refund of the Contract price, less any claims paid. If You cancel after thirty (30) days, You will be refunded the pro rata unearned premium, less any claims paid. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after You cancel the Contract. If We cancel this Contract after thirty (30) days, We will issue You a one hundred percent (100%) refund of the unearned amount paid, less any claims paid. Obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation. If we fail to pay or provide service on a claim within sixty (60) days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888- 888-2245]. Nothing contained in the arbitration provision shall affect your right to file a direct claim under the terms of this Contract against Lexington National Insurance Corporation pursuant to O.C.G.A. 33-7-6.
Hawaii Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: Any refund not made within forty-five (45) days shall include ten percent (10%) per month penalty. This Contract does not cover consequential damages. In the event we cancel this Contract, we shall provide five (5) days prior notice of such cancellation which notice shall include the effective date of cancellation. Obligations of the Provider are backed by the full faith and credit of the Provider.
Illinois Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: You may cancel this Contract: (a) within thirty (30) days after its purchase if no service has been provided and receive a full refund of the Contract price; or (b) at any other time and receive a pro rata refund of the Contract price for the unexpired term of the Contract, based on the number of elapsed months less the value of any service received.
Indiana Residents: If We fail to pay or provide service on a claim within sixty (60) days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. Your proof of payment to Us shall be considered proof of payment to the insurance company which guarantees Our obligations to You.
Kentucky Residents: If We fail to pay or provide service on a claim within sixty (60) days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245].
Maine Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: If You cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if this Contract is delivered to You at the time of sale and You have not made a claim, You are entitled to a full refund of the amount paid by You under this Contract. The right to void the service Contract during such period is not transferable and applies only to the original Contract purchaser. A monthly penalty equal to ten percent (10%) of the outstanding provider fee must be added to a refund that is not paid or credited within forty-five (45) days after return of the service Contract to Us. Otherwise, if You terminate this Contract, You will receive a pro rata refund based on the time expired, less the cost of any claims made. We may cancel this Contract by providing You with at least fifteen (15) days prior written notice of cancellation mailed to Your last known address. If We cancel this Contract for any reason other than nonpayment of the provider fee, We will refund one hundred percent (100%) of the unearned pro rata Program Fee, less any claims paid. We may cancel this Contract for any reason with fifteen (15) days prior written notice, stating the effective date of and reason for cancellation. If We cancel this Contract for a reason other than nonpayment of Your Program Fee, You are entitled to a refund of one hundred percent (100%) of the unearned pro rata Fee, less any claims paid.
Maryland Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: If You cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if this Contract is delivered to You at the time of sale and You have not made a claim, You are entitled to a full refund of the amount paid by You under this Contract. The right to void the service Contract during such period is not transferable and applies only to the original Contract purchaser. A monthly penalty equal to ten percent (10%) of the outstanding provider fee must be added to a refund that is not paid or credited within forty-five (45) days after return of the service Contract to Us. Your service contract is extended automatically if We fail to perform the services under the service contract and will not terminate until the services are provided in accordance with the terms of the service contract.
Massachusetts Residents: In addition to Your cancellation rights listed above, You may cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if thisContract is delivered to You at the time of sale or within a longer time period permitted under this Contract. If You have not received any protection, You are entitled to a full refund of the amount paid by You under this Contract. A ten percent (10%) penalty per month must be added to a refund that is not paid or credited to You within forty-five (45) days after the cancellation of this Contract.
Michigan Residents: If performance of the service contract is interrupted because of a strike or work stoppage at Our place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.
Minnesota Residents: The following is added to the Arbitration provision: Any arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Us. The Contract Cancellation Section is amended with the following: "We reserve the right to cancel this Contract upon thirty (30) days written notice. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Contract, cancellation may be made upon at least five days written notice to You. If We cancel this Contract, a pro-rata refund will be issued for the unexpired term, less the costs of any claims paid. In the event of cancellation for reasonable suspicion of fraud or material misrepresentation, We may demand immediate payment of the cost of all services provided to You, less any payments made, and no refund of any kind will be issued. The notice of cancellation will include the reason and the effective date of cancellation."
Nevada Residents: Preexisting conditions are not covered by this Contract. You are entitled to a "Free Look" period for this Contract. If You decide to cancel this Contract within thirty (30) days of purchase and You have not made a claim under this Contract, You are entitled to a one hundred percent (100%) refund of any fees paid. If You cancel this Contract after thirty (30) days from purchase, You will receive a pro rata refund based on the days remaining. If We fail to pay the cancellation refund within forty-five (45) days of Your written request, We will pay You a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. If this Contract is cancelled by Us, no cancellation may become effective until at least fifteen (15) days after the notice of cancellation is mailed to You. We can cancel this Contract due to unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Contract, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Contract was issued or last renewed. If the contract has been in effect for seventy (70) days or more, We can only cancel this Contract due to: (1) unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Contract, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Contract was issued or last renewed; (2) Discovery of fraud or material misrepresentation by the holder in obtaining the service contract, or in presenting a claim for service; (3) An act or omission by You or a violation by You of any condition of the service contract, which occurred after the effective date of the service contract and which substantially and materially increases the service required under the service contract; (4) You fail to pay any amount due; or (5) You are convicted of a crime which results in an increase in the service required under the service contract. If we cancel this Contract no cancellation fee will be imposed and no deduction for claims paid will be applied. If Your covered failure results in a loss of heating, cooling, or electrical power to Your air conditioner or refrigerator/freezer, repairs on Your Covered Product will commence within twenty-four (24) hours after You report Your claim. If these repairs cannot be completed within three (3) calendar days, We will send You a report indicating the status of these repairs. The status report will also be sent to the Commissioner by electronic mail at pcinsinfo@doi.nv.gov. If You are paying for Your Contract on a monthly basis, We may not deny service to You for non-payment of the monthly fee, however, upon fifteen (15) days' notice of such nonpayment, Your Contract will be cancelled. If You are not satisfied with the manner in which We are handling Your claim, You may contact the Commissioner of the Division of Insurance at [1-888-872-3234]. For contracts issued in Nevada to Nevada residents, only Nevada law will govern the substantive portions of this Contract.
New Hampshire Residents: In the event you do not receive satisfaction under this Contract, you may contact the State of New Hampshire Insurance Department, [21 South Fruit Street, Suite 14, Concord, NH 03301, telephone number: 1-603-271-2261]. The arbitration agreement provision of this Contract is subject to Revised Statutes Annotated 542. The cancellation section is revised to include the following: We shall not charge a cancellation fee of more than ten percent (10%) of the contract price or seventy five dollars ($75), whichever is less. No paid claims will be deducted from the pro-rata refund amount due the consumer.
New Jersey Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: You may cancel this Contract within twenty (20) days of the date the Contract was sent to You or within ten (10) days of Your receipt of the Contract, or within a longer time period if permitted within this Contract, and if no claim has been made during this period, the Contract shall be void and we shall provide You with the full purchase price or amount paid for the Contract by refund or credit to Your account. A ten percent (10%) penalty per month, based upon the purchase price of this Contract, will be added to a refund that is not made within forty-five (45) days of cancellation of the Contract.
New Mexico Residents: This Contract is insured by Lexington National Insurance Corporation. If the Obligor fails to pay You or otherwise provide You with the covered service within sixty (60) days of Your submission of a valid claim, You may submit Your claim to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. We may not cancel this Contract without giving You fifteen (15) days' written notice. We may cancel this Contract for any reason for sixty-nine (69) days after the Effective Date. More than sixty-nine (69) days after the Effective Date, We may only cancel this Contract if You: (i) are thirty (30) days or more past due on any amount owed to Us or Our independent contractors; (ii) misrepresented any material facts when You entered into or requested service under this Contract; or (iii) breach this Contract and substantially and materially increase the services required under this Contract.
New York Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: You may return this Contract within at least twenty (20) days of the date of mailing of the Contract or within at least ten (10) days if the Contract is delivered to You at the time of sale or within a longer time period if permitted within this Contract, and if no claim has been made during this period, the Contract shall be void and We shall refund to You the full Contract Price of the Contract. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Contract to Us. This return and penalty provision shall only apply to the original purchaser of the Contract.
North Carolina Residents: The purchase of this Contract is not required either to purchase or to obtain financing for the Covered Product. If the Contract has been in effect for seventy (70) days or more, We can only cancel the Contract due to: (1) Violations of the Contract's terms and conditions; (2) discovery of fraud or material misrepresentation by You; (3) an act or omission by You or a violation by You of any condition of the Contract that substantially and materially increases the service required under the Contract; and (4) nonpayment. Any refund will be a pro-rata refund based on the elapsed Term, less costs of any claims. If We cancel this Contract, We will send written notice at Your last known address at least fifteen (15) days prior to the cancellation date. The insurer of this Contract shall assume responsibility for the administration of the Contract if We are unable to do so.
Ohio Residents: The obligations under this Contract are insured by a policy of insurance issued by Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245]. If We fail to perform or make payment due under the terms of the Contract within sixty (60) days after You request performance or payment, You may apply to Lexington National Insurance Corporation including, but not limited to, any obligation in the Contract in which We must refund You upon cancellation of the Contract.
Oklahoma Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: In the event the contract is canceled by Us, You will be provided a one hundred percent (100%) refund of unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract. The coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. This is not an insurance contract, however, obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [ 888- 888-2245]. The Obligor's license number is: 510485852
Oregon Residents: The Arbitration Agreement provision of this Contract is replaced with the following: "For the purpose of this Arbitration Agreement, references to "we" and "us" also include the respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns of the Contract Obligor and administrator, as defined above. Most of your concerns about the Contract can be addressed simply by contacting us at [(800) 250-3819]. In the event we cannot resolve any dispute, you and we may, in a separate, mutual agreement, consent to arbitration, but arbitration is not mandatory to resolve a dispute. You and we agree that each party may bring claims against the other only in an individual capacity and not as a class representative or class member in any purported class action, class arbitration or other similar proceeding. Any arbitration proceedings shall be conducted within the state of Oregon and in accordance with Oregon state law."
South Carolina Residents: In addition to Your cancellation rights set forth in the Contract, You may cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if this Contract is delivered to You at the time of sale or within a longer time period permitted under this Contract and if You have not received any protection, this Contract is void and You are entitled to a full refund of the amount paid by You under this Contract. This right to void this Contract is not transferable and applies only to the original Contract purchaser. A ten percent (10%) penalty per month on the Contract Price amount for this Contract must be added to a refund that is not paid or credited to You within 45 days after the cancellation of this Contract. In the event of a dispute with the provider of this Contract, You may contact South Carolina Department of Insurance, Capitol Center, [ 1201 Main Street, Ste. 1000, Columbia, South Carolina 29201] or [(800) 768-3467].
Tennessee Residents: This Contract is automatically extended while the Covered Product is being repaired.
Texas Residents: You are entitled to a "Free Look" period for this Contract. If You decide to cancel this Contract within thirty (30) days of purchase and You have not made a claim under this Contract, You are entitled to a one hundred percent (100%) refund of any fees paid. If You cancel this Contract after thirty (30) days from purchase, You will receive a pro rata refund based on the days remaining, less any claims paid and a cancellation fee of twenty-five dollars ($25.00) or ten percent (10%) of the Contract fee, whichever is less. A ten (10%) percent penalty per month will be added to a refund that is not made within forty-five (45) days of return of the Contract to Us. If You purchased this Contract in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Contract provider may be addressed to the Texas Department of Licensing and Regulation, [P.O. Box 12157, Austin, Texas 78711], telephone number [(800) 803-9202]. The Administrator for this Contract is Seel Warranty Services, Inc., [8 California Street Suite 400, San Francisco, 94111], Toll Free Phone Number [844-696-1217], TX license number: 352
Utah Residents: Payment of this contract may be paid with cash, check or credit card by contract holder. Obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation. If We fail to pay or provide service on a claim within sixty (60) days after it has been filed with Us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245. This Contract 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. We can cancel this Contract during the first sixty (60) days, by mailing to You a notice of cancellation at least ten (10) days prior to the effective date of cancellation except that We can also cancel this Contract during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Contract by mailing a cancellation notice to You at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) material misrepresentation; (b) substantial change in the risk assumed, unless You should reasonably have foreseen the change or contemplated the risk when entering into the Contract; or (c) substantial breach of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Contract number; (2) the date of notice; (3) the effective date of cancellation; and (4) a detailed explanation of the reason for cancellation. If Your covered failure results in a loss of heating, cooling, or electrical power to Your air conditioner or refrigerator/freezer, repairs on Your Covered Product will commence within twenty-four (24) hours after You report Your claim by calling the number above. For any Covered Product failure which is not reported prior to the expiration of this Contract will be considered if You can provide valid reason (examples; hospitalized, incapacitated, etc.) for delay of notice. Under ARBITRATION AND CLASS ACTION WAIVER, the following is added: 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. Pre-existing conditions are not excluded.
Vermont Residents: If no claim has been made under this Contract, You may return the Contract within twenty (20) days of the date of receipt and receive a full refund of the purchase price of this Contract.
Virginia Residents: If any promise made in the contract has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at [www.vdacs.virginia.gov/food-extended-service-contractproviders.shtml] to file a complaint.
Washington Residents: This right to void the Contract is not transferable and applies only to the original Contract Purchaser. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Contract to Us. If We cancel this Contract for any reason, We must mail You written notice of such cancellation at least twenty-one (21) days prior to the effective date of such cancellation and state the true and actual reason for the cancellation. You are not required to wait before filing a claim directly with the insurer of this Contract. The commissioner is the Provider's attorney to receive service of legal process in any action, suit, or proceedings in any court. The obligations of the Provider under this Contract are insured by Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. You may make a claim directly with Lexington National Insurance Corporation who insures the obligations of the Provider under this Contract at the foregoing address. Any arbitration proceedings initiated, brought, or required under this Contract will be held at a location in closest proximity to the service contract holder's permanent residence.
Wisconsin Residents: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.The obligations under this Contract are insured by a policy of insurance issued by Lexington National Insurance Corporation. If We fail to pay or provide service on a claim within sixty (60) days after a claim has been filed with Us or if We become insolvent or otherwise financially impaired, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: A service contract may be cancelled by a provider only for nonpayment of the provider fee, material misrepresentation by the contract holder to the provider or administrator, or substantial breach of duties by the service contract holder relating to the Covered Product or its use. The provider shall mail a written notice to the service contract holder at the last-known address of the service contract holder contained in the records of the provider at least five (5) days prior to cancellation by the provider. The notice under paragraph (a) shall state the effective date of the cancellation and the reason for the cancellation. If a service contract is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the service contract holder one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid. You may, within twenty (20) calendar days of the delivery of this Contract, reject and return this Contract for a full refund, less any claims paid, if applicable. The right to void this service contract is not transferable and shall apply only to the original service contract purchase. After twenty (20) days, if You cancel this contract, You will be refunded the remaining days of coverage on a monthly prorated basis, less claims or service performed. If We fail to credit a refund within forty-five (45) days after return of the service contract, a ten percent (10%) penalty per month applies to any refund not paid or credited. We will not deny Your claim solely because You did not obtain preauthorization if we are not prejudiced by Your failure to notify us. In the event of a total loss of property, You can cancel this contract and receive a pro rata refund, less any claims paid. ARBITRATION & CLASS ACTION WAIVER, is deleted in it's entirety.
Wyoming Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: This Contract will be considered void and We will refund You the full purchase price of the Contract or credit Your account if You have not made a claim under this Contract and You have returned the Contract to us (a) within twenty (20) days after the date we have mailed the Contract to You, (b) within ten (10) days after You have received the Contract if the Contract was furnished to You at the time the Contract was purchased, or (c) within a longer time period if specified in the Contract. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Contract to Us. The right to void the Contract provided in this subsection applies only to the original Contract purchaser and is not transferable. If We cancel this Contract for reasons other than nonpayment, a material misrepresentation made by You to Us or because of a substantial breach of duties by You relating to the product or its use, we will mail a written notice to You at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation.
Alabama Residents: The Contract Cancellation section is amended with the following: You may cancel this Contract within twenty (20) days of the receipt of these terms and conditions, and if no claim has been made during this period, the Contract is void and We shall refund to You the full purchase price of the Contract. Any refund due to You will be credited to any outstanding balance of Your account, and the excess, if any, shall be refunded to You. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after You cancel the Contract. If You cancel this Contract after twenty (20) days of receipt of this Contract, We shall refund to You the unearned portion of the full purchase price of the Contract including the unearned portion of any premium paid for any applicable insurance policy. Any refund due to You will be credited to any outstanding balance of Your account, and the excess, if any shall be refunded to You. We reserve the right to cancel this Contract for any reason upon at least five (5) days prior written notice to You at Your last known address. The notice will state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for Our cancellation is nonpayment of the provider fee or material misrepresentation by You relating to the covered property or its use. If We cancel this Contract, a pro-rata refund will be issued for the unexpired term, less the costs of any claims paid. In the event of cancellation for reasonable suspicion of fraud or material misrepresentation, We may demand immediate payment of the cost of all services provided to You, less Your payments made, and no refund of any kind will be issued.
Arizona Residents: In the event You do not receive satisfaction under this Contract, You may contact the Arizona Department of Insurance and Financial Institutions' Consumer Protection Division at 100 N. 15 Ave., Suite 261, Phoenix, AZ 85007- 3630 or by calling 602-364-2499 or website difi.az.gov. In the "What is not Covered" Section, paragraphs H, I, and J are deleted and replaced with the following: SERVICE REQUIRED AS A RESULT OF ANY ALTERATION, KNOWN BY YOU, OF THE COVERED PRODUCT OR EQUIPMENT. REPAIRS MADE DURING THE CONTRACT TERM, KNOWN BY YOU, THAT ARE NOT AUTHORIZED BY US. REPAIRS MADE BY PARTIES NOT SPECIFICALLY AUTHORIZED BY US, WHICH ARE KNOWN BY YOU. The Contract Cancellation section amended to state: "If this Contract is cancelled, You will receive a pro-rata refund after deducting for claims paid and administration expenses associated with the cancellation. We reserve the right to cancel this Contract upon at least thirty (30) days prior written notice. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Contract, cancellation may be immediate and without prior notice. We may not cancel or void this Contract for any of the following reasons: (1) Preexisting conditions that were known or that reasonably should have been known by Us or Our subcontractors; (2) prior use or unlawful acts relating to the product; or (3) misrepresentation by Us or Our subcontractors. Neither We, Our assignees, nor Our subcontractors may cancel or void coverage under this Contract due to Our failure to provide correct information or Our failure to perform the services or repairs provided in a timely, competent, and workmanlike manner." The Arbitration Agreement of this Contract does not preclude you from contacting the Consumer Protection Division of the Arizona Department of Insurance and Financial Institutions' Consumer Protection Division at 100 N. 15 Ave., Suite 261, Phoenix, AZ 85007- 3630 or by calling 602-364-2499 or website difi.az.gov. We will deny coverage for the reasons set forth in these terms and conditions only if these situations occurred while You own the Covered Product. Obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation.
Arkansas Residents: The Contract Cancellation section is amended to state: "You may cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if this Contract is delivered to You at the time of sale or within a longer time period permitted under this Contract. If You have not received any protection, You are entitled to a full refund of the amount paid by You under this Contract. A ten (10%) penalty per month must be added to a refund that is not paid or credited to You within forty-five (45) days after the cancellation of this Contract.
California Residents: The Contract Cancellation Section is amended as follows: "Cancellation requests made within sixty (60) days from the start of the coverage Term or within thirty (30) days from receipt of the Contract, whichever is later, will receive a 100% refund of the full Contract Price if no claim has been made under the Contract. If You are not refunded or credited the amount You paid within thirty (30) days, a ten percent (10%) penalty per annum will be added to the refund for each thirty (30) days or fraction thereof until the refund is paid. This only applies to the original Contract purchaser and is not transferable. Cancellation requests made more than sixty (60) days from the start of the coverage Term or after thirty (30) days from receipt of theContract, whichever is later, or if a claim was made under the Contract within the first sixty (60) days, will receive at least a pro-rata refund of the Contract Price based on the elapsed coverage Term. This Contract may be canceled by You for any reason, including the Covered Product being sold, lost, stolen or destroyed. California residents may submit complaints to the Bureau of Household Goods and Services (BHGS) by calling (916) 999- 2041, or writing to [4244 S. Market Ct. Ste. D, Sacramento, CA 95834], or by visiting www.bhgs.dca.ca.gov. In-home services are not provided under this Contract. You are responsible for transportation costs of Your Covered Product to obtain service.
Colorado Residents: Action under this Contract may be covered by the provisions of the "Colorado Consumer Protection Act" or the "Unfair Practices Act" articles 1 and 2 of title 6, C.S.R., and a party to such an agreement may have the right of civil action under such laws, including obtaining the recourse or penalties specified in such laws.
Connecticut Residents: In-home services are not available. If Your Expiration Date occurs while Your Covered Product is being repaired, Your coverage will extend until the repair is completed. Obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation. If we fail to pay or provide service on a claim within sixty (60) days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. Resolution of Disputes: If we are unable to resolve any disputes with You regarding this Contract, You may file a written complaint to the: State of Connecticut, Insurance Department, [P.O. Box 816, Hartford, CT 06142-0816], Attn: Consumer Affairs.
District of Columbia Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, You may cancel this Contract within thirty (30) days of the date this Contract was mailed to You or the date of delivery if this Contract is delivered to You at the time of sale or within a longer time period permitted under this Contract and if You have not received any protection, You are entitled to a full refund of the amount paid by You under this Contract. A ten percent (10%) penalty per month on the Contract Price amount for this Contract must be added to a refund that is not paid or credited to You within forty-five (45) days after the cancellation of this Contract. Your right to cancel this Contract and receive a full refund is not transferable and applies only to the original Contract purchaser.
Florida Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the Contract shall be cancelled by Us for fraud or material misrepresentation. Unauthorized repair or replacement of covered equipment shall result in the cancellation of the Contract by Us. In the event of cancellation by Us, written notice of cancellation shall be mailed to You not less than sixty (60) days before cancellation is effective. If we cancel the Contract, the return premium is based upon one hundred percent (100%) of the unearned pro rata premium less claims paid. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Contract, Our cancellation may be immediate. The rate which is charged for this Contract is not subject to regulation by the Florida Office of Insurance Regulation.
Georgia Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, this Contract shall be non-cancellable by Us except for fraud, material misrepresentation, or failure to pay consideration therefore due. The cancellation shall be in writing and shall conform to the requirements of Georgia Code 33-7-6. In the event of cancellation by Us, written notice of cancellation shall be mailed to You at Your last known address not less than thirty (30) days before cancellation is effective. You may cancel this Contract: (a) within thirty (30) days after its purchase and receive a full refund of the Contract price, less any claims paid. If You cancel after thirty (30) days, You will be refunded the pro rata unearned premium, less any claims paid. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after You cancel the Contract. If We cancel this Contract after thirty (30) days, We will issue You a one hundred percent (100%) refund of the unearned amount paid, less any claims paid. Obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation. If we fail to pay or provide service on a claim within sixty (60) days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888- 888-2245]. Nothing contained in the arbitration provision shall affect your right to file a direct claim under the terms of this Contract against Lexington National Insurance Corporation pursuant to O.C.G.A. 33-7-6.
Hawaii Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: Any refund not made within forty-five (45) days shall include ten percent (10%) per month penalty. This Contract does not cover consequential damages. In the event we cancel this Contract, we shall provide five (5) days prior notice of such cancellation which notice shall include the effective date of cancellation. Obligations of the Provider are backed by the full faith and credit of the Provider.
Illinois Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: You may cancel this Contract: (a) within thirty (30) days after its purchase if no service has been provided and receive a full refund of the Contract price; or (b) at any other time and receive a pro rata refund of the Contract price for the unexpired term of the Contract, based on the number of elapsed months less the value of any service received.
Indiana Residents: If We fail to pay or provide service on a claim within sixty (60) days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. Your proof of payment to Us shall be considered proof of payment to the insurance company which guarantees Our obligations to You.
Kentucky Residents: If We fail to pay or provide service on a claim within sixty (60) days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245].
Maine Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: If You cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if this Contract is delivered to You at the time of sale and You have not made a claim, You are entitled to a full refund of the amount paid by You under this Contract. The right to void the service Contract during such period is not transferable and applies only to the original Contract purchaser. A monthly penalty equal to ten percent (10%) of the outstanding provider fee must be added to a refund that is not paid or credited within forty-five (45) days after return of the service Contract to Us. Otherwise, if You terminate this Contract, You will receive a pro rata refund based on the time expired, less the cost of any claims made. We may cancel this Contract by providing You with at least fifteen (15) days prior written notice of cancellation mailed to Your last known address. If We cancel this Contract for any reason other than nonpayment of the provider fee, We will refund one hundred percent (100%) of the unearned pro rata Program Fee, less any claims paid. We may cancel this Contract for any reason with fifteen (15) days prior written notice, stating the effective date of and reason for cancellation. If We cancel this Contract for a reason other than nonpayment of Your Program Fee, You are entitled to a refund of one hundred percent (100%) of the unearned pro rata Fee, less any claims paid.
Maryland Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: If You cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if this Contract is delivered to You at the time of sale and You have not made a claim, You are entitled to a full refund of the amount paid by You under this Contract. The right to void the service Contract during such period is not transferable and applies only to the original Contract purchaser. A monthly penalty equal to ten percent (10%) of the outstanding provider fee must be added to a refund that is not paid or credited within forty-five (45) days after return of the service Contract to Us. Your service contract is extended automatically if We fail to perform the services under the service contract and will not terminate until the services are provided in accordance with the terms of the service contract.
Massachusetts Residents: In addition to Your cancellation rights listed above, You may cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if thisContract is delivered to You at the time of sale or within a longer time period permitted under this Contract. If You have not received any protection, You are entitled to a full refund of the amount paid by You under this Contract. A ten percent (10%) penalty per month must be added to a refund that is not paid or credited to You within forty-five (45) days after the cancellation of this Contract.
Michigan Residents: If performance of the service contract is interrupted because of a strike or work stoppage at Our place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.
Minnesota Residents: The following is added to the Arbitration provision: Any arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Us. The Contract Cancellation Section is amended with the following: "We reserve the right to cancel this Contract upon thirty (30) days written notice. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Contract, cancellation may be made upon at least five days written notice to You. If We cancel this Contract, a pro-rata refund will be issued for the unexpired term, less the costs of any claims paid. In the event of cancellation for reasonable suspicion of fraud or material misrepresentation, We may demand immediate payment of the cost of all services provided to You, less any payments made, and no refund of any kind will be issued. The notice of cancellation will include the reason and the effective date of cancellation."
Nevada Residents: Preexisting conditions are not covered by this Contract. You are entitled to a "Free Look" period for this Contract. If You decide to cancel this Contract within thirty (30) days of purchase and You have not made a claim under this Contract, You are entitled to a one hundred percent (100%) refund of any fees paid. If You cancel this Contract after thirty (30) days from purchase, You will receive a pro rata refund based on the days remaining. If We fail to pay the cancellation refund within forty-five (45) days of Your written request, We will pay You a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. If this Contract is cancelled by Us, no cancellation may become effective until at least fifteen (15) days after the notice of cancellation is mailed to You. We can cancel this Contract due to unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Contract, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Contract was issued or last renewed. If the contract has been in effect for seventy (70) days or more, We can only cancel this Contract due to: (1) unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Contract, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Contract was issued or last renewed; (2) Discovery of fraud or material misrepresentation by the holder in obtaining the service contract, or in presenting a claim for service; (3) An act or omission by You or a violation by You of any condition of the service contract, which occurred after the effective date of the service contract and which substantially and materially increases the service required under the service contract; (4) You fail to pay any amount due; or (5) You are convicted of a crime which results in an increase in the service required under the service contract. If we cancel this Contract no cancellation fee will be imposed and no deduction for claims paid will be applied. If Your covered failure results in a loss of heating, cooling, or electrical power to Your air conditioner or refrigerator/freezer, repairs on Your Covered Product will commence within twenty-four (24) hours after You report Your claim. If these repairs cannot be completed within three (3) calendar days, We will send You a report indicating the status of these repairs. The status report will also be sent to the Commissioner by electronic mail at pcinsinfo@doi.nv.gov. If You are paying for Your Contract on a monthly basis, We may not deny service to You for non-payment of the monthly fee, however, upon fifteen (15) days' notice of such nonpayment, Your Contract will be cancelled. If You are not satisfied with the manner in which We are handling Your claim, You may contact the Commissioner of the Division of Insurance at [1-888-872-3234]. For contracts issued in Nevada to Nevada residents, only Nevada law will govern the substantive portions of this Contract.
New Hampshire Residents: In the event you do not receive satisfaction under this Contract, you may contact the State of New Hampshire Insurance Department, [21 South Fruit Street, Suite 14, Concord, NH 03301, telephone number: 1-603-271-2261]. The arbitration agreement provision of this Contract is subject to Revised Statutes Annotated 542. The cancellation section is revised to include the following: We shall not charge a cancellation fee of more than ten percent (10%) of the contract price or seventy five dollars ($75), whichever is less. No paid claims will be deducted from the pro-rata refund amount due the consumer.
New Jersey Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: You may cancel this Contract within twenty (20) days of the date the Contract was sent to You or within ten (10) days of Your receipt of the Contract, or within a longer time period if permitted within this Contract, and if no claim has been made during this period, the Contract shall be void and we shall provide You with the full purchase price or amount paid for the Contract by refund or credit to Your account. A ten percent (10%) penalty per month, based upon the purchase price of this Contract, will be added to a refund that is not made within forty-five (45) days of cancellation of the Contract.
New Mexico Residents: This Contract is insured by Lexington National Insurance Corporation. If the Obligor fails to pay You or otherwise provide You with the covered service within sixty (60) days of Your submission of a valid claim, You may submit Your claim to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. We may not cancel this Contract without giving You fifteen (15) days' written notice. We may cancel this Contract for any reason for sixty-nine (69) days after the Effective Date. More than sixty-nine (69) days after the Effective Date, We may only cancel this Contract if You: (i) are thirty (30) days or more past due on any amount owed to Us or Our independent contractors; (ii) misrepresented any material facts when You entered into or requested service under this Contract; or (iii) breach this Contract and substantially and materially increase the services required under this Contract.
New York Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: You may return this Contract within at least twenty (20) days of the date of mailing of the Contract or within at least ten (10) days if the Contract is delivered to You at the time of sale or within a longer time period if permitted within this Contract, and if no claim has been made during this period, the Contract shall be void and We shall refund to You the full Contract Price of the Contract. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Contract to Us. This return and penalty provision shall only apply to the original purchaser of the Contract.
North Carolina Residents: The purchase of this Contract is not required either to purchase or to obtain financing for the Covered Product. If the Contract has been in effect for seventy (70) days or more, We can only cancel the Contract due to: (1) Violations of the Contract's terms and conditions; (2) discovery of fraud or material misrepresentation by You; (3) an act or omission by You or a violation by You of any condition of the Contract that substantially and materially increases the service required under the Contract; and (4) nonpayment. Any refund will be a pro-rata refund based on the elapsed Term, less costs of any claims. If We cancel this Contract, We will send written notice at Your last known address at least fifteen (15) days prior to the cancellation date. The insurer of this Contract shall assume responsibility for the administration of the Contract if We are unable to do so.
Ohio Residents: The obligations under this Contract are insured by a policy of insurance issued by Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245]. If We fail to perform or make payment due under the terms of the Contract within sixty (60) days after You request performance or payment, You may apply to Lexington National Insurance Corporation including, but not limited to, any obligation in the Contract in which We must refund You upon cancellation of the Contract.
Oklahoma Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: In the event the contract is canceled by Us, You will be provided a one hundred percent (100%) refund of unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract. The coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. This is not an insurance contract, however, obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [ 888- 888-2245]. The Obligor's license number is: 510485852
Oregon Residents: The Arbitration Agreement provision of this Contract is replaced with the following: "For the purpose of this Arbitration Agreement, references to "we" and "us" also include the respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns of the Contract Obligor and administrator, as defined above. Most of your concerns about the Contract can be addressed simply by contacting us at [(800) 250-3819]. In the event we cannot resolve any dispute, you and we may, in a separate, mutual agreement, consent to arbitration, but arbitration is not mandatory to resolve a dispute. You and we agree that each party may bring claims against the other only in an individual capacity and not as a class representative or class member in any purported class action, class arbitration or other similar proceeding. Any arbitration proceedings shall be conducted within the state of Oregon and in accordance with Oregon state law."
South Carolina Residents: In addition to Your cancellation rights set forth in the Contract, You may cancel this Contract within twenty (20) days of the date this Contract was mailed to You or within ten (10) days of delivery if this Contract is delivered to You at the time of sale or within a longer time period permitted under this Contract and if You have not received any protection, this Contract is void and You are entitled to a full refund of the amount paid by You under this Contract. This right to void this Contract is not transferable and applies only to the original Contract purchaser. A ten percent (10%) penalty per month on the Contract Price amount for this Contract must be added to a refund that is not paid or credited to You within 45 days after the cancellation of this Contract. In the event of a dispute with the provider of this Contract, You may contact South Carolina Department of Insurance, Capitol Center, [ 1201 Main Street, Ste. 1000, Columbia, South Carolina 29201] or [(800) 768-3467].
Tennessee Residents: This Contract is automatically extended while the Covered Product is being repaired.
Texas Residents: You are entitled to a "Free Look" period for this Contract. If You decide to cancel this Contract within thirty (30) days of purchase and You have not made a claim under this Contract, You are entitled to a one hundred percent (100%) refund of any fees paid. If You cancel this Contract after thirty (30) days from purchase, You will receive a pro rata refund based on the days remaining, less any claims paid and a cancellation fee of twenty-five dollars ($25.00) or ten percent (10%) of the Contract fee, whichever is less. A ten (10%) percent penalty per month will be added to a refund that is not made within forty-five (45) days of return of the Contract to Us. If You purchased this Contract in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Contract provider may be addressed to the Texas Department of Licensing and Regulation, [P.O. Box 12157, Austin, Texas 78711], telephone number [(800) 803-9202]. The Administrator for this Contract is Seel Warranty Services, Inc., [8 California Street Suite 400, San Francisco, 94111], Toll Free Phone Number [844-696-1217], TX license number: 352
Utah Residents: Payment of this contract may be paid with cash, check or credit card by contract holder. Obligations under this Contract are insured by an insurance policy issued by Lexington National Insurance Corporation. If We fail to pay or provide service on a claim within sixty (60) days after it has been filed with Us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245. This Contract 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. We can cancel this Contract during the first sixty (60) days, by mailing to You a notice of cancellation at least ten (10) days prior to the effective date of cancellation except that We can also cancel this Contract during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Contract by mailing a cancellation notice to You at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) material misrepresentation; (b) substantial change in the risk assumed, unless You should reasonably have foreseen the change or contemplated the risk when entering into the Contract; or (c) substantial breach of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Contract number; (2) the date of notice; (3) the effective date of cancellation; and (4) a detailed explanation of the reason for cancellation. If Your covered failure results in a loss of heating, cooling, or electrical power to Your air conditioner or refrigerator/freezer, repairs on Your Covered Product will commence within twenty-four (24) hours after You report Your claim by calling the number above. For any Covered Product failure which is not reported prior to the expiration of this Contract will be considered if You can provide valid reason (examples; hospitalized, incapacitated, etc.) for delay of notice. Under ARBITRATION AND CLASS ACTION WAIVER, the following is added: 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. Pre-existing conditions are not excluded.
Vermont Residents: If no claim has been made under this Contract, You may return the Contract within twenty (20) days of the date of receipt and receive a full refund of the purchase price of this Contract.
Virginia Residents: If any promise made in the contract has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at [www.vdacs.virginia.gov/food-extended-service-contractproviders.shtml] to file a complaint.
Washington Residents: This right to void the Contract is not transferable and applies only to the original Contract Purchaser. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Contract to Us. If We cancel this Contract for any reason, We must mail You written notice of such cancellation at least twenty-one (21) days prior to the effective date of such cancellation and state the true and actual reason for the cancellation. You are not required to wait before filing a claim directly with the insurer of this Contract. The commissioner is the Provider's attorney to receive service of legal process in any action, suit, or proceedings in any court. The obligations of the Provider under this Contract are insured by Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. You may make a claim directly with Lexington National Insurance Corporation who insures the obligations of the Provider under this Contract at the foregoing address. Any arbitration proceedings initiated, brought, or required under this Contract will be held at a location in closest proximity to the service contract holder's permanent residence.
Wisconsin Residents: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.The obligations under this Contract are insured by a policy of insurance issued by Lexington National Insurance Corporation. If We fail to pay or provide service on a claim within sixty (60) days after a claim has been filed with Us or if We become insolvent or otherwise financially impaired, the written claim can be submitted to Lexington National Insurance Corporation at the following address: [11426 York Road, 2nd floor, Cockeysville, Maryland 21030], or call the toll-free number at [888-888-2245]. In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: A service contract may be cancelled by a provider only for nonpayment of the provider fee, material misrepresentation by the contract holder to the provider or administrator, or substantial breach of duties by the service contract holder relating to the Covered Product or its use. The provider shall mail a written notice to the service contract holder at the last-known address of the service contract holder contained in the records of the provider at least five (5) days prior to cancellation by the provider. The notice under paragraph (a) shall state the effective date of the cancellation and the reason for the cancellation. If a service contract is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the service contract holder one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid. You may, within twenty (20) calendar days of the delivery of this Contract, reject and return this Contract for a full refund, less any claims paid, if applicable. The right to void this service contract is not transferable and shall apply only to the original service contract purchase. After twenty (20) days, if You cancel this contract, You will be refunded the remaining days of coverage on a monthly prorated basis, less claims or service performed. If We fail to credit a refund within forty-five (45) days after return of the service contract, a ten percent (10%) penalty per month applies to any refund not paid or credited. We will not deny Your claim solely because You did not obtain preauthorization if we are not prejudiced by Your failure to notify us. In the event of a total loss of property, You can cancel this contract and receive a pro rata refund, less any claims paid. ARBITRATION & CLASS ACTION WAIVER, is deleted in it's entirety.
Wyoming Residents: In addition to Your cancellation rights set forth in the Contract Cancelation Section, the following is added: This Contract will be considered void and We will refund You the full purchase price of the Contract or credit Your account if You have not made a claim under this Contract and You have returned the Contract to us (a) within twenty (20) days after the date we have mailed the Contract to You, (b) within ten (10) days after You have received the Contract if the Contract was furnished to You at the time the Contract was purchased, or (c) within a longer time period if specified in the Contract. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Contract to Us. The right to void the Contract provided in this subsection applies only to the original Contract purchaser and is not transferable. If We cancel this Contract for reasons other than nonpayment, a material misrepresentation made by You to Us or because of a substantial breach of duties by You relating to the product or its use, we will mail a written notice to You at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation.