LIFETIME JEWELRY CARE PLAN

TERMS AND CONDITIONS
This Service Plan is not a contract of insurance.

1)   DEFINITIONS:  The following terms shall have the following meaning:

Service Plan Provider/We/Us/Our means the entity that is contractually obligated to You under the terms of this Service Plan. The Service Plan Provider is Federal Warranty Service Corporation, [P.O. Box 105689, Atlanta, GA 30348-5689,1-877-273-8269] in all states except California and Florida. The Service Plan Provider in California is Sureway, Inc. [P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-273-8269]. The Service Plan Provider in Florida is UNITED SERVICE PROTECTION, INC [P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-273-8269]. The Service Plan Provider in Oklahoma is Assurant Service Protection, Inc., [P.O. Box 105689, Atlanta, GA 30348-5689], [1-877-273-8269]. This Service Plan is between You and Us.

Service Plan indicates this Service Plan, which You have purchased for the Product described on Your proof of purchase.

Service Plan Holder/You/Your indicates the purchaser or the original gift recipient of this Service Plan, as described on the proof of purchase and a resident of the United States.

Administrator indicates the entity who is responsible for the administration of this Service Plan. Fred Meyer Jewelers, Inc [3800 SE 22nd Ave., Portland, OR 97202], [1-800-457-5977] is the Administrator of this Service Plan in all states except in California and Wisconsin. If You live in California or Wisconsin, the administrator of this Service Plan is Federal Warranty Service Corporation, [P.O. Box 105689, Atlanta, GA 30348-5689, 1-888-352-7671].

Retailer indicates the store and seller where You purchased the Product(s) and this Service Plan and is as shown on Your proof of purchase.

Provider Fee/Plan Price indicates the consideration paid by You for this Service Plan.

Retail Price indicates the consideration paid by You for Your Product.

Product(s) indicates the item(s) that You purchased specifically covered under this Service Plan as indicated on Your proof of purchase.

Covered Service means the services covered due to the mechanical or structural failure of the Product caused by defects in workmanship and/or materials, or as a result of normal wear and tear except as excluded herein.

2)   INSTRUCTIONS: You may be required to present this Service Plan and Your proof of purchase for any Product(s) repair.

3)   LENGTH OF COVERAGE: The coverage period for this Service Plan is for the lifetime of the Service Plan Holder.

4)   WHAT IS COVERED: Service performed hereunder shall consist of labor and parts necessary to restore Your Product as the result of a Covered Service. Our aggregate limit of liability is the lesser of the Retail Price You paid for the Product, or replacement with a Product of similar features and value, or providing you with, at Our option, a gift card or a cash settlement, not to exceed the original retail Price of the covered Product.

THIS SERVICE PLAN IS INCLUSIVE OF THE MANUFACTURER’S WARRANTY; IT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY, BUT PROVIDES CERTAIN ADDITIONAL BENEFITS DURING THE TERM OF THE MANUFACTURER’S WARRANTY. LOSSES COVERED BY THE MANUFACTURER DURING THE MANUFACTURER’S WARRANTY PERIOD ARE NOT COVERED UNDER THIS SERVICE PLAN.

       You have the duty to protect against any further damage, and to follow any requirements outlined in the owner’s manual instructions.

6)   DEDUCTIBLE: There is no deductible required to obtain service under this Service Plan.

7)  LIFETIME JEWELRY CARE PLAN: As the result of a Covered Service, We will repair or replace Your covered Product. Coverage includes: ring resizing (excluding sterling silver), refinishing and polishing, rhodium plating white gold, earring repair, earring back replacement, clasp replacement, chain soldering, repair to damaged mountings, resetting and tightening your diamonds and gemstones, kinks or knots, dents, breaks, cracks, thinning ring bands, gouges, scratches, worn or bent prongs, and pearl restringing.

8)   NON-REPAIRABLE PRODUCTS: If We, in Our sole discretion, determine that a Product is not repairable, or where the cost for repair may exceed the retail Price You paid for the Product, We will replace the Product with a Product of comparable type, quality and functionality as the original covered Product. The replacement Product shall not exceed the retail Price of the original covered Product. If We elect to replace Your covered Product and a replacement Product is not available, We will provide You, at Our option, a gift card or a cash settlement. The amount of the gift card or cash settlement shall not exceed the current retail cost of a replacement Product of type, quality and functionality; and, such retail cost shall not exceed the retail Price You paid for the original covered Product plus sales tax paid.

9)   LIMIT OF LIABILITY: In the event the Product is replaced or a gift card or a cash settlement is provided, all of Our obligations under this Service Plan will be completely fulfilled, no coverage will be provided for any replacement Product, and We shall have no further obligations for the Product or any replacement Product for the remainder of the term of this Service Plan, if any.

10)  PARTS: Materials furnished as replacements for parts will be drawn from our repair service contractor’s inventory of new or used parts and components. These materials will be furnished under provisions of the manufacturer’s warranty while still in effect and then by Our service contractor during the remainder of its term of coverage.

11) WHAT IS NOT COVERED: This Service Plan does not cover service repair or replacement necessitated by any loss or damage resulting from:

12)  PRODUCTS NOT ELIGIBLE FOR COVERAGE:  This Service Plan does not provide any service for Products used for commercial purposes, or Products sold “as is.”   

13)  RENEWALS: This Service Plan is not renewable.

14)  TRANSFER: This Service Plan is not transferable. 

15)  CANCELLATION: You may cancel Your Service Plan within the first thirty (30) days of purchase by either returning the Service Plan to the Retailer from whom You purchased it or mailing Your cancellation request to the Administrator at  [3800 SE 22nd Ave., Portland, OR 97202,] [1-800-457-5977] and receive a refund in the amount of one hundred percent (100%) of the Plan Price, less the cost of any repairs made, except as otherwise required by law. You may cancel Your Service Plan after thirty (30) days from the date of purchase by either returning it to the Retailer from whom You purchased it or mailing Your cancellation request to the Administrator at [3800 SE 22nd Ave., Portland, OR 97202], [1-800-457-5977]. You will receive a pro rata refund of the Plan Price based on a term of 35 years less the cost of claims paid (if any). We are entitled to an administrative fee of 10%. Ninety percent (90%) of the Plan Price is earned at the end of year 31; no refund will be due after the 31st year. The effective date of cancellation is the date We receive Your request for cancellation together with Your Service Plan. We reserve the right to cancel this Service Plan at any time in the event of fraud, material misrepresentation, or nonpayment by You. If We must cancel this Service Plan, You will receive a pro rata refund of the Plan Price based on a term of 35 years less the cost of any claims paid except as otherwise required by law. If We must cancel this Service 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 and reason for cancellation. If this Service Plan was inadvertently sold to You on a Product(s), which was not intended to be covered by this Service Plan, We will cancel this Service Plan and return the full Plan Price of the Service Plan to You.

16)  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.

As used in this Provision, "You" and "Your" mean the person or persons named in this Service Plan, and all of his/her heirs, survivors, assigns and representatives. “We” and “Us” shall mean the Service Plan Provider identified above and shall be deemed to include all of its agents.

Any and all claims, disputes, or controversies of any nature whatsoever (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with (1) this Service Plan or any prior Service Plan, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Service Plan (“Claim”), shall be resolved by binding arbitration before a single arbitrator.  All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed.  The terms of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. The arbitration shall be held at a location selected by Us within the state in which this Service Plan was purchased. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision, except that in no event shall this Provision be amended or construed to permit class arbitration or arbitration on behalf of a any individual other than You. This Provision shall inure to the benefit of and be binding on You and Us and shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Service Plan.

You 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. 

You and We Understand and agree that because of this PROVISION neither You nor Us will have the right to go to court except as provided above or to have a jury trial or to participate as any member of a class of claimants pertaining to any claim.

The following State Specific Requirements apply if Your Agreement was purchased in one of the following states and supersede any other provision herein to the contrary:

CT, GA, IL, IN, KY, NC, NH, NV, NY, SC, OR, UT, WI and WY only:  The obligations of the Service Plan Provider under this Service 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: [11222 Quail Roost Drive, Miami, FL 33157], or call the toll-free number at [1-800-852-2244].

AL, HI, MT, TX and VA only: The obligations of the Service Plan Provider under this Service Plan are insured under a service contract contractual liability insurance policy. Our obligations under the Service Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, [11222 Quail Roost Drive, Miami, FL  33157].

FREE LOOK: AL, AR, HI, MD, MN, MO, NV, SC, TX and WY only: You may, within twenty (20) calendar days of receipt, reject and return this Service Plan. Upon return of the Service Plan within the applicable time period, if no claim has been made under the Service Plan, You will be refunded the full Plan Price of the Service Plan. 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 Service Plan. This provision applies only to the original purchaser of this Service Plan.

Alabama only: CANCELLATION: Prior notice of cancellation is not necessary if cancelled due to nonpayment of the Plan Price or material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered Product or its use. If Your written notice of cancellation is received after the effective date, We will refund You the remaining pro-rated Plan Price (less an administrative fee) REGARDLESS of prior services rendered against the Service Plan. We reserve the right to cancel this Service Plan at any time in the event of fraud or material misrepresentation by You. No claim incurred or paid shall be deducted from cancellation refund.

Arkansas only: The obligations of the Service Plan Provider under this Service Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address [11222 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.

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 Service Plan. CANCELLATION: No claim incurred or paid will be deducted from cancellation refund. We will not cancel or void this Service Plan due to pre-existing conditions, prior use or unlawful acts relating to the Product or misrepresentation by the Administrator or its subcontractors. ARBITRATION: 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. § 20-1095.09, 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 85018-7256, 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. §§ 20-1095.04 and/or 20-1095.09 by contacting the Consumer Affairs Division of the A.D.O.I., toll-free phone number 800-325-2548.

California only: If You return the covered Product or the covered Product is sold, lost, stolen or destroyed, You may cancel the Service Plan according to the following terms: If You cancel within sixty  (60) days from the date You receive this Service Plan, You may cancel Your Service Plan by providing written notice to Sureway, Inc. [P.O. Box 105689, Atlanta, GA 30348-5689,1-888-352-7671] for a refund in the amount of one hundred (100%) of the Plan Price, less the cost of any repairs made, except otherwise required by law. After sixty (60) days from the purchase date, You will receive a refund of the unearned pro rata Plan Price, less the cost of any claims paid, and less an administrative fee not to exceed ten percent (10%) or twenty-five dollars ($25.00 US), whichever is less. ARBITRATION: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highland, California 95660, or You may visit their Website at www.bear.ca.gov.

Colorado only: Actions under this Service 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 the covered Product is in a repair facility at the time of contract expiration the expiration date will automatically be extended until the repair is complete. CANCELLATION: You may cancel this Service Plan if You return the covered Product or if the covered Product is sold, lost, stolen, or destroyed.  RESOLUTION OF DISPUTES: If We are unable to resolve any disputes with You regarding this Service Plan, You may file a written complaint with the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 061242-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the covered Product subject to the Service Plan, the cost of repair of the covered Product, and a copy of the Service Plan.

Florida only: CANCELLATION: In the event You cancel this Service 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 Service Plan, You shall receive a refund equal to one hundred percent (100%) of the unearned pro rata Plan Price. ARBITRATION: 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. NON-REPAIRABLE PRODUCTS: If We are unable to repair or replace Your Product, You will receive a cash settlement.

Georgia only: This Service Plan does not provide coverage for any and all pre-existing conditions known by You that occur prior to the effective date of this Service Plan. CANCELLATION: You may cancel this Service Plan at any time. Cancellation will be in accordance with O.C.G.A 33-24-44 of the Georgia Code. If You wish to cancel, You must notify the Administrator in writing or surrender the Service Plan to the Administrator, whereupon the Administrator will refund the unearned Plan Price. If You cancel refunds must be determined on the excess of the Service Plan Price above the customary short rate for the expired term of the contract. No claim paid or incurred or cancellation fees shall be deducted from any refund owed. ARBITRATION:  The Arbitration Provision is deleted in its entirety.

Hawaii only: CANCELLATION: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation by You relating to the covered Product or its use, or a substantial breach of Your duties relating to the covered Product or its use.

Illinois only: The cancellation provision is deleted and replaced with the following: CANCELLATION: You may cancel Your Service Plan at any time by either returning the Service Plan to the Retailer from whom You purchased it or mailing Your cancellation request to the Administrator at [3800 SE 22nd Ave., Portland, OR 97202, 1-800-457-5977].  If You cancel within the first thirty (30) days of purchase and no claims have been paid, You will receive a full refund in the amount of one hundred percent (100%) of the Plan Price. If You cancel Your Service Plan after thirty (30) days from the date of purchase, by either returning it to the Retailer from whom You purchased it or mailing Your cancellation request to the Administrator at [3800 SE 22nd Ave., Portland, OR 97202, 1-800-457-5977], You will receive a pro rata refund of the Plan Price based on a term of 35 years less the cost of claims paid (if any). If You cancel, We are entitled to an administrative fee of 10% of the Service Plan Price, not to exceed $50. The effective date of cancellation is the date We receive Your request for cancellation together with Your Service Plan. We reserve the right to cancel this Service Plan at any time in the event of fraud, material misrepresentation, or nonpayment by You. If We must cancel this Service Plan, You will receive a pro rata refund of the Plan Price based on a term of 35 years less the cost of any claims paid except as otherwise required by law. If We must cancel this Service 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 and reason for cancellation. If this Service Plan was inadvertently sold to You on a Product(s), which was not intended to be covered by this Service Plan, We will cancel this Service Plan and return the full Plan Price of the Service Plan to You. 

Indiana only: Proof of payment to the Retailer that sold You this Service Plan constitutes proof of payment to American Bankers Insurance Company of Florida, issuer of the insurance policy that insures Our obligation.

Louisiana only: ARBITRATION: The Arbitration provision is deleted in its entirety.

Massachusetts only: The Service Plan Provider is the Retailer that sold You this Service Plan.

Michigan only: If the performance under this Service Plan is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of the Service Plan shall be extended for the period of the strike or work stoppage.

Minnesota only: The obligations of the Service Plan Provider under this Service Plan are insured by a policy of insurance issued by American Reliable Insurance Company [11222 Quail Roost Drive, Miami, FL, 33157]. In the event We cancel this Service Plan, We will mail You a written notice to You at Your last known address at least fifteen (15) days prior to cancellation, which shall state the effective date of cancellation and the reason for cancellation If the cancellation is for nonpayment, material misrepresentation, or a substantial breach of duties by You, cancellation notice shall be mailed 5 days before cancellation takes effect stating the reason for cancellation and effective date.

Montana only:CANCELLATION: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation by You relating to the covered Product or its use, or a substantial breach of Your duties relating to the covered Product or its use.

Missouri only: The obligations of the Service Plan Provider under this Service Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, [11222 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: CANCELLATION: We may not cancel this Service Plan once it has been in effect for seventy (70) days, except for the following conditions: failure to pay the Service Plan Plan Price; the conviction of You of a crime which results in an increase in the service required under the Service Plan; fraud or material misrepresentation by You in purchasing the Service Plan or obtaining service; the discovery of an act or omission, or a violation of any condition of the Service Plan by You which substantially and materially increases the service required under the Service Plan; or a material change in the nature or extent of the service required under the Service Plan which occurs after the purchase of the Service 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. The purchase of the Service Plan as a condition of approval of a loan or the purchase of goods is not permitted. The repair or replacement of the covered Product in its entirety shall not eliminate Our Obligation for future repair or replacement as otherwise provided under this Service Plan. No claim incurred or paid shall be deducted from the amount to be returned. The purchase of a Service Plan is not required in order to obtain financing for the covered Product. Retail Price indicates the consideration paid by You for Your Product as shown on your proof of purchase.

New Hampshire only: NOTICE: In the event You do not receive satisfaction under this Service Plan, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416. SERVICES NOT COVERED: Any and all loss or damage that occur prior to the effective date of this Service Plan will not be covered.

New Mexico only: The purchase of the Service Plan as a condition of approval or loan or the purchase of goods is not permitted. CANCELLATION:  We may not cancel this Service Plan once it has been in effect for seventy (70) days, except under the following conditions: (a) failure to pay the Service Plan Plan Price; (b) the conviction of You of a crime which results in an increase in the Service required under the Service Plan; (c) fraud or material misrepresentation by You in purchasing the Service Plan or obtaining Service; (d) or the discovery of an act or omission, or a violation of any condition of the Service Plan by You which substantially and materially increases the Service required under the Service Plan. If We cancel, You will receive a refund equal to the unearned pro rata Plan Price less the cost of any repairs made. No cancellation of a service contract may become effective until at least 15 days after the notice of cancellation is mailed to You. FREE LOOK: You may return this Service Plan within twenty (20) days of the date that this Service Plan was mailed to You, or within ten (10) days of delivery. If You made no claim, the Service Plan is void and the full Plan Price will be refunded to You. We shall refund You or credit Your account the Service Plan Price within sixty (60) days after the Service Plan is returned. We will pay a penalty of 10% per month on a refund that is not paid or credited for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. This applies only to the original purchaser of the Service Plan, and is not transferable.

New York only: CANCELLATION:  We are not required to mail You written notice if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the Property or its use. FREE LOOK: You may, within twenty (20) calendar days of receipt, reject and return this Service Plan. Upon return of the Service Plan within the applicable time period, if no claim has been made under the Service Plan, You will be refunded the full Plan Price of the Service Plan. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of the Service Plan. This provision applies only to the original purchaser of this Service Plan.

North Carolina only: The purchase of a Service Plan is not required in order to obtain financing for the covered Product. CANCELLATION: We may not cancel this Service Plan except for nonpayment by You or for direct violation of the terms and Conditions of the Service Plan by You.

Ohio only: The obligations of the Service Plan Provider under this Service Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, [11222 Quail Roost Drive, Miami, FL 33157, 1-800-852-2244]. If We fail to perform or make payment due under the terms of the Service 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 Service Plan in which We must refund You upon cancellation of the Service Plan.

Oklahoma only: NOTICE: Coverage afforded under this Service Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. The obligations of the Service Plan Provider under this Service Plan are insured under a service contract contractual liability insurance policy. Our obligations under the Service Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, [11222 Quail Roost Drive, Miami, FL  33157], or call the toll-free number at [1-800-852-2244]. CANCELLATION: The cancellation provision is deleted and replaced with the following: You may cancel Your Service Plan within the first thirty (30) days of purchase by either returning the Service Plan to the Retailer from whom You purchased it or mailing Your cancellation request to the Administrator at   [3800 SE 22nd Ave., Portland, OR 97202,] [1-800-457-5977]. If You cancel within the first thirty (30) days, and there have been no claims made, the refund will be in the amount of one hundred percent (100%) of the Plan Price, except as otherwise required by law. You may cancel Your Service Plan after thirty (30) days from the date of purchase by either returning it to the Retailer from whom You purchased it or mailing Your cancellation request to the Administrator at  [3800 SE 22nd Ave., Portland, OR 97202], [1-800-457-5977]. If You cancel after the first thirty (30) days, or have made a claim within the first thirty (30) days, You will receive a refund in the amount of 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 this Service Plan based on a term of thirty five (35) years, less the cost of claims paid (if any). Ninety percent (90%) of the unearned pro rata premium is earned at the end of year thirty one (31); no refund will be due after the thirty first (31st) year. The effective date of cancellation is the date We receive Your request for cancellation together with Your Service Plan. We reserve the right to cancel this Service Plan at any time in the event of fraud, material misrepresentation, or nonpayment by You. If We must cancel this Service Plan, You will receive a refund in the amount of one hundred percent (100%) of the unearned pro rata premium based on a term of 35 years, less the cost of any claims paid, except as otherwise required by law. If We must cancel this Service 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 and reason for cancellation. If this Service Plan was inadvertently sold to You on a Product(s), which was not intended to be covered by this Service Plan, We will cancel this Service Plan and return the full Plan Price of the Service Plan to You.

Oregon only: ARBITRATION: While Arbitration is mandatory, the outcome of any Arbitration shall be non-binding on the parties, and either party shall, following the arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction.

South Carolina only: SPECIAL PROVISION: 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 100105, Columbia, SC 29202-3105, or (800) 768-3467. All references to cash settlement are deleted. Please be advised, all terms and conditions may not apply to your state.  CANCELLATION:  We are not required to mail You written notice if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the Property or its use.

Texas only: In the event any Covered Service is not paid within sixty (60) days after proof of loss has been filed, or if a refund or credit is not paid before the 46th day after the date on which the Service Plan is returned to Us, You may apply directly to American Bankers Insurance Company of Florida. CANCELLATION: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation by You relating to the Product or its use, or a substantial breach of Your duties relating to the covered Product or its use. NOTICE: If You have complaints or questions regarding this 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) 463-6599 or (800) 803-9202 (Within TX only).

Utah only: Coverage afforded under the Service Plan is not guaranteed by the Property and Casualty Guaranty Association. This Service Plan is subject to limited regulation by the Utah Insurance Department. To file a compliant, contact the Utah Insurance Department. CANCELLATION: No cancellation of this Service Plan shall become effective, unless We provide You with notice of such cancellation at least 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 Service 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 Service Plan; or (d) substantial breach of contractual duties, conditions, or warranties. EMERGENCY: If in an emergency situation We cannot be reached, You can proceed with repairs. You or the repairing facility will be reimbursed in accordance with the plan provisions. The price of this Service Plan is a single payment and is listed on Your proof of purchase You received for this coverage. ARBITRATION: Arbitration is deleted in its entirety. 

Washington only: OBLIGATIONS: The obligations of the Service Plan Provider under this Service Plan are backed by the full faith and credit of the Service Plan Provider. ARBITRATION: Nothing in the section headed ‘Arbitration’ shall invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Service 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 receipt, reject and return this Service Plan. Upon return of the Service Plan within the applicable time period, if no claim has been made under the Service Plan, You will be refunded the full Plan Price of the Service Plan. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of the Service Plan. The right to void this Service Plan is not transferable. The right to void this Service Plan applies only to the original purchaser of this Service Plan.

Wisconsin only: THIS SERVICE PLAN IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. 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. SUBROGATION: The Service Plan holder will be made whole before We retain any amounts that may be recovered. ARBITRATION: The Arbitration provision is deleted in its entirety.

Wyoming only: CANCELLATION: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation by You or a substantial breach of duties by You relating to the covered Product or its use.ARBITRATION: The Arbitration provision is deleted in its entirety.

 PRIVACY NOTICE

 [To review the General Privacy Policy of Federal Warranty Service Corporation, United Service Protection, Inc., Assurant Service Protection, Inc. and Sureway, Inc., Assurant companies, please visit [http://www.assurantsolutions.com/privPolGeneral.html].]