STAPLES TECH PROTECTOR PLAN

Transcription

1 STAPLES TECH PROTECTOR PLAN Terms and Conditions This Plan is not a contract of insurance. Unless otherwise regulated under state law, the contents under this Plan should be interpreted and understood within the meaning of a service contract in Public Law # ) DEFINITIONS: Plan Holder/You/Your means the owner of the Product(s) covered under this Plan. Plan Provider/We/Us/Our means the entity that is contractually obligated to You under the terms of this Plan. The Plan Provider is Federal Warranty Service Corporation, P.O. Box , Atlanta, GA , in all states except in Florida where the Plan Provider is United Service Protection, Inc., P.O. Box , Atlanta, GA , and in Oklahoma where the Plan Provider is Assurant Service Protection, Inc. P.O. Box , Atlanta, GA , Plan Administrator means the entity responsible for the administration of this Plan. Federal Warranty Service Corporation, P.O. Box , Atlanta, GA , is the Administrator of this Plan in all states except Florida and Oklahoma. In Florida, the Administrator is United Service Protection Inc., P.O. Box , Atlanta, GA , In Oklahoma, the Administrator is Assurant Service Protection, Inc. P.O. Box , Atlanta, GA , Plan means collectively these terms and conditions and Your Plan sales receipt. Product(s) means the item(s) covered under the Plan as shown and Your sales receipt. Price means the consideration paid by You for this Plan, as listed on Your sales receipt. Monthly Pay Option means the monthly amount paid by You for this Plan. 2) TERM: This Plan shall commence [thirty (30) days] from the date of purchase. If You have opted for a Monthly Pay Option, this Plan is renewed monthly by Your payment of the monthly amount. If the monthly amount is not paid, coverage will terminate. IF THE TERM OF THIS PLAN OVERLAPS WITH THE TERM OF YOUR MANUFACTURER S WARRANTY, LOOK FIRST TO YOUR MANUFACTURER S WARRANTY FOR COVERAGE. THIS PLAN EXCLUDES COVERAGE FOR ANY LOSS COVERED BY YOUR MANUFACTURER S WARRANTY, BUT MAY NEVERTHELESS PROVIDE BENEFITS IN ADDITION TO THOSE PROVIDED BY YOUR MANUFACTURER S WARRANTY. 3) PRODUCT ELIGIBILITY: New Product(s) must be purchased as new, manufactured for use in the United States, include a manufacturer s original written warranty of at least (90) days parts and labor coverage. During the manufacturer s warranty period, the manufacturer is responsible for items covered under its express warranty; We will pay for other covered items not covered by the manufacturer s warranty. This Plan covers the following components in a computer system: motherboard and all resident components, internal power supply, all internal cards, monitor, hard disk drive, CD-ROM drive, DVD drive, and keyboard. Used or Refurbished Product: A covered used or refurbished Product must be manufactured for use in the United States, include a manufacturer s original written warranty of at least ninety (90) days of parts and labor coverage and must have a Windows Operating System version Windows XP or newer or for Apple units an Apple Operating System version OS X or newer. 4) WHAT IS COVERED: This Plan provides coverage for Product failures due to normal wear and tear, defined as the failure to function as designed by the manufacturer due to normal service and usage, as determined by the Administrator. If You purchased accidental damage coverage as stated on Your sales receipt it will cover accidental damage as a result of handling, cracks and spilled liquid. This Plan covers only Products used primarily for personal, family or household purposes or in a small office or home office setting. Damage from power surge to Your covered Product will be covered up to a maximum of $ over the life of the Plan, but You must first make a claim with Your Homeowner s/renter s insurance carrier to avoid duplicate recovery and provide proof of that claim as determined by the Administrator. FW Page 1 of 7 v4-0912

2 If We are unable to repair Your Product or We deem that repair is not cost effective, We have the option to replace Your covered Product with a new, rebuilt or refurbished product of equal or similar features and functionality, or, at Our option, We will issue a Staples Cash Card settlement for an amount up to $ The Staples Cash Card may only be used in Staples stores and is not redeemable for cash or credit. Replacement parts will be new, rebuilt or non-original manufacturer s parts that perform to the factory specifications of the product at Our option. In no event will We be liable for any damages as a result of the unavailability of repair parts. Replacement of Your covered product, or issuance of a Staples Cash Card settlement fulfills this Plan in its entirety and will cancel and discharge all further obligations under this Plan, where allowed by law. We must approve all repairs before they are performed. 5) IF YOU NEED SERVICE: To locate or arrange for service, call the Administrator at the toll-free number The Administrator will arrange for one of the services listed below: On-Site/Express Shipping: During the manufacturer s warranty, calls may not be scheduled until authorized by the manufacturer. An adult of legal age must be present at the location where on-site service will occur. If You are required to ship Your covered Product, due to its sensitive nature or because You live outside the 50-mile radius of an authorized service center, We will pay the shipping charges. Carry-In: You are responsible for transporting or shipping (postage pre-paid and insured) Your Product to the designated service center. If We require You to ship Your Product, any shipping charges You incur will be paid for by the Plan. If authorized service is performed, the Product will be shipped back to You at no additional cost. Worldwide Service: Worldwide Service provides coverage for Your Product outside the manufacturer s warranty when You travel overseas. You may call the Administrator collect to obtain detailed instructions and a repair authorization number prior to work being done. Note: Worldwide Service does not include on-site service. You must be a resident of the U.S. and be traveling overseas to be eligible for Worldwide Service. Telephone Technical Hardware and Software Support: The technical service representative will assist You on the telephone to determine what technical difficulties may exist with software applications that are preloaded on Your Product from the original manufacturer. To the extent that Our diagnosis confirms a hardware failure, We will assist You in arranging service for Your covered Product. Our level of service expertise cannot support customized or proprietary software, those applications that were installed after Your original Product purchase, or those software errors that confirm improperly functioning or defective software. Additionally, the Plan does not provide education on how to utilize or perform tasks using any type of software program, preloaded or other. 6) NO-LEMON POLICY: If Your Product (not including accessories or batteries) fails three (3) times due to the same part(s) failure during the term of this Plan, upon the fourth (4 th ) failure We will replace the failed Product with one of like kind, quality, functionality and features or, at Our option, provide You with a settlement in the form of a check or gift card for an amount up to $ No-Lemon policy does not apply to accidental damage coverage. Such replacement or settlement constitutes fulfillment of this Plan and will cancel and discharge all further obligations under this Plan. 7) DEDUCTIBLE: A deductible may apply to Your Plan. If a deductible applies, You will be responsible for paying this deductible for each service event by providing Us with one of the following acceptable forms of payment: credit, debit or prepaid card. Please refer to Your sales receipt for the deductible amount. 8) DELAYS: We will try to complete service as quickly as possible; however, We are not responsible for delays beyond Our control including, but not limited to, manufacturer s parts delay, delays in shipping to repair centers, or acts of God. In the event Your repair requires more than thirty (30) days to complete, the expiration date of Your Plan will be extended by the repair time in excess of thirty (30) days. 9) PARTS: Materials furnished as replacements for parts will be drawn from Our service contractor s inventory of new or rebuilt parts and components. 10) SERVICES NOT COVERED: This Plan does not cover any loss, repair or replacement necessitated by acts of God, intentional damage, accidental damage (unless this coverage was purchased as indicated on Your sales receipt) insect infestation, abuse or damage caused by non-authorized repair personnel or preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan. Also not covered are replacement costs for lost or consumable parts and problems due to improper and/or non-factory authorized installation or repairs. This Plan does not cover cosmetic damages to any products, components or consumable parts covered under this Plan. This Plan does not cover products used for public rental or communal use in multi-family housing. This Plan does not cover loss or damage to stored data, batteries of any kind or type, repairs related to installed software, computer viruses, restoration of software to Your product or computer hardware that is added after the original Product purchase. This Plan does not cover no problem found diagnosis or any defects that are subject to a manufacturer s program of reimbursement, recalls, or special service bulletins. FW Page 2 of 7 v4-0912

3 11) WHAT YOU MUST DO: You have the responsibility to follow the owner s instruction manual and, in the event of a claim, protect the Product from further damage. You are responsible for backing up all software prior to commencement of any Product repair or replacement. 12) CANCELLATION: You may cancel Your Plan within thirty (30) days of Plan receipt date by returning the Plan to Your local Staples, Inc. store and receive a refund in the amount of 100% of the Plan purchase price, less the cost of any repairs made, except as otherwise required by law. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to the Administrator, or by calling the toll-free number listed for the Administrator. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an administrative fee not to exceed ten percent (10%) of the Plan price or twenty-five dollars ($25.00), whichever is less, except as otherwise required by law. The effective date of cancellation is the date We receive the request for cancellation. If We cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. If You opted for a Monthly Pay Option, You may cancel this Plan by contacting the billing company that appears on Your monthly statement. You may call the Plan Administrator at its toll-free number for contact information to Your billing company. If You cancel the Plan within the first thirty (30) days and no claims have been filed, the Plan is void and You will receive a full refund. If You cancel after the first thirty (30) days (or within the first thirty (30) days and a claim has been filed), the purchase Price paid by You is fully earned and You will not receive a refund, except as otherwise required by law. We may cancel this Plan at any time for any contractual reason. If We cancel, We shall mail written notice to Your last known address at least thirty (30) days prior to the effective date of cancellation and the reason for cancellation. If We cancel, You shall be refunded the unearned pro rata purchase Price of this Plan. 13) TRANSFER: This Plan is transferable to a purchaser of the Product by providing written notice to Us. The request must include the name, address and phone number of the person to whom this Plan is being transferred. Your transfer takes effect as soon as We receive Your written notice. 14) RENEWAL: With the exception of the Monthly Pay Option, We are not required or obligated to offer You another Plan. To inquire if renewal coverage is available, please call Staples at for pricing and details. In the event You are offered a renewal, We will contact You with the terms and conditions and applicable fees. (15) ARBITRATION: Read The Following Arbitration Provision ( Provision ) Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action. To begin Arbitration, either You or We must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules ( Rules ) of the American Arbitration Association ( AAA ) in effect when the claim is filed. You may get a copy of these AAA s Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019, calling (800) or visiting The filing fees to begin and carry out arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless You and We agree, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. Please refer to the State Disclosures section of this Plan for any added requirements in Your state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. THE FOLLOWING STATE SPECIFIC REQUIREMENTS APPLY IF YOUR PLAN WAS PURCHASED IN ONE OF THE FOLLOWING STATES AND SUPERSEDE ANY OTHER PROVISION HEREIN TO THE CONTRARY: AL, AR, CT, GA, IL, IN, KY, MA, ME, NC, NH, NV, NY, OR, SC, UT, WI and WY only: The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed with Us, the written claim can be submitted to American Bankers Insurance Company of Florida at the following address: Quail Roost Drive, Miami, FL 33157, or call the toll-free number at FW Page 3 of 7 v4-0912

4 HI, MT, VA and VT only: The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, Quail Roost Drive, Miami, FL FREE LOOK: AL, AR, HI, MA, MN, MO, SC, and WY only: You may, within twenty (20) calendar days of receipt, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claim has been made, You will be refunded the full Plan Price. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Plan. This provision applies only to the original purchaser of this Plan. GA, LA, OR, UT, WI, WY only: The ARBITRATION provision is deleted in its entirety. It is not applicable to You. Alabama only: The CANCELLATION provision is amended as follows: No claim incurred or paid will be deducted from any cancellation refund. Arizona only: Our repair or replacement of Your Product in its entirety shall not eliminate Our obligation for future repair or replacement as otherwise provided under Your Plan. The CANCELLATION provision is amended as follows: No claim incurred or paid will be deducted from any cancellation refund. We will not cancel or void this Plan due to pre-existing conditions, prior use or unlawful acts relating to the Product or misrepresentation by the Administrator or its subcontractors. The following is added to the ARBITRATION provision: Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions A.R.S , Unfair trade practices as outlined by the Arizona Department of Insurance. To learn more about this process, You may contact the Arizona Department of Insurance at 2910 N. 44th St., 2nd Fl., Phoenix, AZ , Attn: Consumer Affairs. You may directly file any complaint with the A.D.O.I. against a Service Company issuing an approved Service Contract under the provisions of A.R.S and/or by contacting the Consumer Affairs Division of the A.D.O.I., toll-free phone number California only: The following is added to the ARBITRATION provision: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at , or You may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highland, California 95660, or You may visit their Website at The following is added to the CANCELLATION provision: No claim incurred or paid will be deducted from cancellation refund. You may cancel this Plan if You return the Product(s), or the Product(s) is sold, lost, stolen or destroyed. Colorado only: Actions under this Plan may be covered by the provisions of the Colorado Consumer Protection Act or Unfair Practices Act, articles 1 and 2 of Title 6, C.R.S. A party to such a contract may have a right of civil action under such laws, including obtaining the recourse or penalties specified in such laws. Connecticut only: If We are unable to resolve any disputes with You regarding this Plan, You may file a written complaint with the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT , Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the covered Product subject to the Plan, the cost of repair of the covered Product, and a copy of the Plan. If the covered Product is in a repair facility at the time the Plan expires, the Plan s expiration date will automatically be extended until the repair is complete. The following is added to the CANCELLATION provision: You may cancel this Plan if You return the covered Product or if the covered Product is sold, lost, stolen, or destroyed. Florida only: The rate charged for the Plan is not subject to regulation by the Florida Office of Insurance Regulation. The CANCELLATION provision is amended as follows: All references to administrative fee are deleted. In the event You cancel this Plan, You shall receive a refund equal to ninety percent (90%) of the unearned pro rata Plan Price, less any claims paid or less the cost of any repairs made. In the event We cancel this Plan, You shall receive a refund equal to one hundred percent (100%) of the unearned pro rata Plan Price, less any claims paid. The following is added to the ARBITRATION provision: While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. The arbitration action will take place in the county where the insured resides. Georgia only: This Plan does not cover any loss, repair or replacement necessitated by acts of God, intentional damage, accidental damage (unless this coverage was purchased as indicated on Your sales receipt) insect infestation, abuse or damage caused by non-authorized repair personnel or preexisting conditions known by You for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan. The CANCELLATION provision is amended as follows: If You cancel after thirty (30) days, You will receive a pro rata refund of the Plan purchase price less an administrative fee not to exceed ten percent (10%) of the pro rata refund amount or twenty-five dollars ($25.00), whichever is less. No claim paid or incurred shall be deducted from any refund owed. This Plan may only be cancelled or terminated by Us for fraud, material representation or nonpayment. Cancellation will be in accordance with O.C.G.A 33- FW Page 4 of 7 v4-0912

5 24-44 of the Georgia Code. If You wish to cancel, You must notify the Administrator in writing or surrender the Plan to the Administrator, whereupon the Administrator will refund the unearned Plan Price. Indiana only: Proof of payment to the Retailer that sold You this Plan constitutes proof of payment to American Bankers Insurance Company of Florida, issuer of the insurance policy that insures Our obligation. Maine only: FREE LOOK: You may, within thirty (30) calendar days of receipt, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claim has been made, You will be refunded the full Plan Price. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Plan. This provision applies only to the original purchaser of this Plan. Maryland only: FREE LOOK: You may, within twenty (20) calendar days of mailing of the Plan, or twenty (20) days if delivered at time of sale, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claims have been made, You will be refunded the full Plan Price. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after the return of the Plan. This provision applies only to the original purchaser. Michigan only: If the performance under this Plan is interrupted because of a strike or work stoppage at the company s place of business, the effective period of the Plan shall be extended for the period of the strike or work stoppage. Minnesota only: The obligations under this Plan are insured by a policy of insurance issued by American Reliable Insurance Company Quail Roost Drive, Miami, FL, The ARBITRATION provision has been amended by adding the following: Any Arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Federal Warranty Service Corporation. Missouri only: The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, Quail Roost Drive, Miami, FL 33157, In the event that any Covered Service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned Plan Price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. Nevada only: Unauthorized repairs will not invalidate this Plan. However, this Plan will not provide any coverage for unauthorized repairs. FREE LOOK: If this Plan is returned within the first thirty (30) days of purchase and a refund is not credited within forty five (45) days after the return, We shall pay the holder a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund, and any accrued penalties, that remain unpaid. This provision applies only to the original purchaser. No claims or repairs incurred may be deducted from any refund. The CANCELLATION provision is amended as follows: If You opted for a Monthly Pay Option, and You cancel after the first thirty (30) days (or within the first thirty (30) days and a claim has been filed), We will refund the unearned pro rata monthly purchase Price of this Plan to You, less an administrative fee of ten percent (10.0%) of the monthly purchase Price of the Plan or $25.00, whichever is less. We may not cancel this Plan once it has been in effect for seventy (70) days, except for the following conditions: failure by You to pay the Plan Price; the conviction of You of a crime which results in an increase in the service required under the Plan; fraud or material misrepresentation by You in purchasing the Plan or obtaining service; the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan; or a material change in the nature or extent of the service required under the Plan which occurs after the purchase of the Plan and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We cancel, You will receive a refund equal to the unearned pro rata Plan Price. We shall not be liable for any damages arising out of delays and in no event shall We be liable for consequential damages. The purchase of the Plan as a condition of approval of a loan or the purchase of goods is not permitted. No claims or repairs incurred may be deducted from any refund. New Hampshire only: In the event You do not receive satisfaction under this Plan, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) New Mexico only: FREE LOOK: If this Plan is returned within twenty (20) calendar days of mailing of the Plan, or ten (10) days if delivered at time of sale if refund is not credited within sixty (60) days after the return, We shall pay the holder a penalty of ten percent (10%) of the Plan Price for each thirty (30) day period or portion thereof, that the refund, and any accrued penalties, remain unpaid. This provision applies only to the original purchaser. The CANCELLATION provision has been amended as follows: We may not cancel this Plan once it has been in effect for at least seventy (70) days before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except for the following conditions: failure to pay the Plan Price; the conviction of You of a crime which results in an increase in the service required under the Plan; fraud or material misrepresentation by You in purchasing the Plan or obtaining service; or the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan. If We cancel, You will receive a refund equal to the unearned pro rata purchase price less any claims paid. FW Page 5 of 7 v4-0912

6 New York only: FREE LOOK: You may, within thirty (30) calendar days of receipt, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claims have been made, You will be refunded the full Plan Price. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after the return of the Plan. This provision applies only to the original purchaser. North Carolina only: The purchase of a Plan is not required in order to obtain financing. The CANCELLATION provision is amended as follows: We may cancel this Plan at any time for any contractual reason is deleted and replaced with: We can cancel this Plan at any time in the event of nonpayment of the Plan by You or for direct violation of the Plan by You. Ohio only: The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, Quail Roost Drive, Miami, FL 33157, If We fail to perform or make payment due under the terms of the Plan within sixty (60) days after You request performance or payment, You may apply directly to American Bankers Insurance Company of Florida, including, but not limited to, any obligation in the Plan in which We must refund You upon cancellation of the Plan. Oklahoma only: Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, Quail Roost Drive, Miami, FL 33157, or call the toll-free number at The CANCELLATION provision is deleted and replaced with the following: In the event the Plan is cancelled by You within the first thirty (30) days, and no claims have been made, the refund will be based upon one hundred percent (100%) of the unearned pro rata premium. If You cancel the Plan after thirty (30) days, or have made a claim within the first thirty (30) days, the refund will be one hundred percent (100%) of the unearned pro rata premium, less (a) ten percent (10%) of the unearned pro rata premium or twenty-five dollars ($25), whichever is less, and (b) the actual cost of any service provided under the Plan. In the event the Plan is cancelled by Us, the refund will be based upon one hundred percent (100%) of unearned pro rata premium, less the actual cost of any service provided under the Plan. The effective date of cancellation is the date We receive the request for cancellation. If We cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. You will be refunded the unearned pro rata premium of this Plan, less any claims paid, except as otherwise required by law. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. If You opted for a Monthly Pay Option, You may cancel this Plan by contacting the billing company that appears on Your monthly statement. You may call the Plan Administrator at its toll-free number for contact information to Your billing company. If You cancel the Plan within the first thirty (30) days and no claims have been filed, You will receive a full refund. If You cancel after the first thirty (30) days (or within the first thirty (30) days and a claim has been filed), the purchase Price paid by You is fully earned and You will not receive a refund, except as otherwise required by law. We may cancel this Plan at any time for any contractual reason. If We cancel, We shall mail written notice to Your last known address at least thirty (30) days prior to the effective date of cancellation and the reason for cancellation. If We cancel, You shall be refunded the unearned pro rata premium of this Plan. The ARBITRATION provision is deleted and replaced with the following: NON-BINDING ARBITRATION: Read The Following Arbitration Provision ( Provision ) Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action Prior to Engaging in Non-Binding Arbitration. Disputes under this Plan shall be subject to mandatory, non-binding arbitration. To begin arbitration, either You or We must make a written demand to the other party for arbitration. The arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules ( Rules ) of the American Arbitration Association ( AAA ) in effect when the claim is filed. You may get a copy of these AAA s Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019, calling (800) or visiting The filing fees to begin and carry out arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless You and We agree, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. 1, et seq., will govern and no state, local or other arbitration law will apply. The arbitration decision will not be binding on either party, and following such decision either party may elect to bring suit in a court of competent jurisdiction with respect to the claim or claims considered in the arbitration proceeding. You also agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. Please refer to the State Disclosures section of this Plan for any added requirements in Your state. In the event this arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. FW Page 6 of 7 v4-0912

7 South Carolina only: If the Provider does not timely resolve such matters within sixty (60) days of proof of loss, You may contact the South Carolina Department of Insurance, Post Office Box , Columbia, SC , or (800) All references to check are replaced with gift card. Texas only: If You have complaints or questions regarding this Service Plan, You may contact the Texas Department of Licensing and Regulation at the following address and telephone number: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; (512) or (800) (Within TX only). The Registration number for Federal Warranty Service Corporation is 269. The obligations under this Service Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, Quail Roost Drive, Miami, FL In the event any Covered Service is provided to You by Us before the sixty-first (61st) day after proof of loss has been filed, or if a refund or credit is not paid before the forty-sixth (46 th ) day after the date on which the Service Plan is cancelled, You may apply directly to American Bankers Insurance Company of Florida. The purchase of this Service Plan is not required in order to purchase or obtain financing. The following is added to the CANCELLATION provision: If You cancel within the first thirty (30) days, We will pay a penalty of ten percent (10%) per month on any refund that is not paid or credited within forty-five (45) days after return of the Service Plan to Us. This applies only to the original purchaser of the Service Plan, and is not transferable. Utah only: Coverage afforded under the Plan is not guaranteed by the Property and Casualty Guaranty Association. This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. The following is added to the CANCELLATION provision: No cancellation of this Plan shall become effective, unless We provide You with notice of such cancellation at least thirty (30) days prior to the effective date of cancellation and shall state the reason for cancellation. We may cancel for the following reasons: (a) nonpayment of Plan Price of the Plan; (b) material misrepresentation; (c) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (d) substantial breach of contractual duties, conditions, or warranties. If You need a repair that falls outside of normal business hours, please call the toll-free number listed in the IF YOU NEED SERVICE provision; it is available 24 hours a day, 7 days a week. Washington only: The obligations under this Plan are backed by the full faith and credit of the Plan Provider. The following is added to the ARBITRATION provision: Nothing in the section headed Arbitration shall invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Plan. All arbitrations will be held in the county in which You maintain Your permanent residence. FREE LOOK: You may, within twenty (20) calendar days of mailing of the Plan, or ten (10) days if delivered at time of sale, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claims have been made, You will be refunded the full Service Plan Price. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after the return of the Plan. This provision applies only to the original purchaser. This Plan does not provide coverage for preexisting conditions. The following is added to the DEFINITIONS: Plan Administrator/Provider means the entity that is responsible for the administration of the Plan. Provider Fee/Price as indicated on Your sales receipt means the consideration paid by You for the Plan. Service Contract/Plan means a Plan, which You have purchased for the Product described on the sales receipt. Service Contract Holder/You/Your means the person who is the purchaser or holder of the Plan as indicated on the sales receipt. Service Contract Provider/Plan Provider/We/Us/Our means Federal Warranty Service Corporation, who is contractually obligated to the Service Contract Holder under the terms of the Plan. Wisconsin only: NOTICE: THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. The following is added to the CANCELLATION provision: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. Proof of loss must be provided as soon as reasonably possible. Failure to furnish proof of loss within the time required does not invalidate or reduce a claim, unless We are prejudiced thereby, and it was reasonably possible to meet the time limit. Wyoming only: If You purchased accidental damage coverage, any reference to drops, liquid, spills or cracks are deleted. PRIVACY NOTICE To review the General Privacy Policy of Federal Warranty Service Corporation, United Service Protection, Inc., Assurant Service Protection, Inc., Assurant Solutions companies, please visit [ FW Page 7 of 7 v4-0912