Outdoor Furniture Protection Plan
Up to $15,000 of Coverage for 3 Years
(60 Days to Report Damage)
TERMS & CONDITIONS
INTRODUCTION
This document details what is and what is not, covered under this Outdoor Furniture Protection Plan (the "Plan"). Please read these Terms and Conditions carefully before purchasing. If you have any questions regarding coverage, service, or claims, you may call us at 1-855-513-5435 or email Us at claims@raptns.com. We appreciate having you as a customer and thank you for allowing us to serve you.
CUSTOMER OBLIGATIONS
This Plan provides Coverage for Qualifying Outdoor Furniture, subject to these Terms & Conditions. As a Plan holder, it is crucial that You thoroughly read and understand these Terms & Conditions, including the Coverage, Exclusions, and Service sections BEFORE YOU PURCHASE THIS PLAN. This Plan incorporates specific limitations on Coverage that are designed to maintain its affordability. Some of Your responsibilities under this Plan include:
- Reading and Understanding Manuals. Ensure You read all owner's manuals and accompanying information relevant to the Qualifying Items. This is crucial for understanding the full scope of Your coverage and the limitations that apply.
- Following Use and Care Instructions. Adhere strictly to all manufacturer and retailer instructions or guidelines regarding the use and care of the Qualifying Items. Proper handling according to those instructions is essential to maintain Coverage under this Plan.
- Retaining Important Documents. Keep a copy of this Plan, its Confirmation Number, and Your Sales Receipt, which are necessary and must be produced upon Our request to facilitate service under this Plan.
- No Coverage Without a Confirmation Number. You shall have NO coverage under this Plan unless and until We issue You a unique Plan number.
- Cooperating with the Claims Process. Your cooperation with Our requests is vital for a smooth and efficient resolution to any claim(s) or issue(s) that may arise under this Plan. Failure to fully cooperate with Us may be a basis for a claim being denied.
DEFINITIONS
- Plan: Means this Protection Plan service contract.
- Reseller: Means the retailer or interior designer who sold You this Plan and the Item(s). Only Resellers who, at the time of sale, held a valid Reseller Account ID (RAID) previously issued by Us are authorized to sell this Plan. To verify a RAID, You may call 1-800-637-8316 toll-free. Plans sold or distributed by resellers who did not hold a valid RAID prior to the time of sale or distribution are not valid and provide no coverage. In such cases, Your sole recourse is against the individual(s) or entity that sold or distributed the Plan to You.
- Item(s): Refers to the outdoor furniture Item(s) You purchased from a Reseller that are designed and manufactured for outdoor use. Covered Items include outdoor seating, sofas, sectionals, chairs, chaises, benches, dining sets, tables, bar stools, ottomans, and accessory case goods constructed of materials engineered for outdoor exposure (such as outdoor-grade upholstery, all-weather wicker, teak and other outdoor woods, aluminum, steel, wrought iron, resin, and similar outdoor-rated materials), together with their associated outdoor cushions, glass tops, and frames. All Items must be designed and manufactured for outdoor use and are subject to the coverage limits of this Plan.
- We, Our, or Us: Means Risk Assurance Partners, LLC.
- Obligor: Means Risk Assurance Partners, LLC, PO Box 912, Boynton Beach, FL 33425, 1-800-637-8316.
- Administrator: Means Risk Assurance Partners, LLC, PO Box 912, Boynton Beach, FL 33425, 1-800-637-8316.
- You or Your: Means the person(s) named on the last page of this Plan.
- Term: Means the period during which this Plan's Coverage is active, which is inclusive of any applicable reseller, retailer, manufacturer, or distributor warranties. Please see the last page of this Plan for the Effective and End Date of this Plan's Term.
- Effective Date: Means the date listed on the last page of this Plan as the date this Plan's Coverage becomes effective.
- Coverage: Means Damage(s) and Defect(s) covered by this Plan as described in the Coverage section of this Plan.
- Exclusions: Means any failure, loss, damage, or injury to Item(s) that is NOT covered by this Plan (see the Exclusions section).
- Damage: Means an unanticipated event that directly or indirectly causes damage to or failure of an Item (not all Damage is covered, exclusions apply).
- Defect: Means the failure to function as designed because of flaws in material or workmanship, during normal use of Item(s).
- Co-Pay: Means a fee that You must pay to Us to receive certain optional services under this Plan, such as the $99 Co-Pay for Cleaning & Touch-Up Service described in this Plan.
- Pet: Means dogs, cats, birds, reptiles, arachnids, or other animals kept by You; provided that "Pet" does not include an animal owned or raised on a farm to generate a profit through the operation of a business or used as a food source.
- Plan Confirmation Number: Means a unique Plan Number issued by Us to activate Your coverage under this Plan.
- Purchase Amount or Retail: Means the amount that You paid for the Item(s) or this Plan, excluding taxes, fees, and delivery charges.
- Sales Receipt: Means the original sales receipt issued by the Reseller describing Your purchase of the Item(s) and this Plan.
- Wear & Tear, General Soiling & Odor: Means a gradual buildup of dirt, dust, body oils, scratches, chips, dents, stains, or similar damage that cannot be attributed to a single incident. For the avoidance of doubt, "Odor" means any smell emanating from covered Item(s).
- Claim: Means one (1) claim filed with Us, in the manner described in this Plan, for damage to one (1) Item, where You are seeking service, repair, replacement, or other benefits under this Plan.
A PLAN CONFIRMATION NUMBER IS REQUIRED TO ACTIVATE COVERAGE
This Plan becomes active only upon Our issuance of a unique Plan Confirmation to You, and You acquire no benefits under this Plan until We, at Our sole and absolute discretion, issue a Plan Confirmation Number to You to activate coverage under this Plan. Your sole and exclusive notice that We have issued a Plan Confirmation Number to You, and this Plan's coverage is activated, is Your receipt of a Plan Confirmation Number issued directly to You by Us. This Plan does not provide retroactive coverage prior to its Effective Date. We have not authorized any third parties or Retailers to issue Plan Confirmation Numbers to You on Our behalf. Your purchase of this Plan from a Retailer or third party, even if documented on sales receipts or by other means, shall not operate to bind Us to provide You coverage or benefits under this Plan, and Your sole recourse if no coverage is bound shall be to the party that sold You this Plan.
CLAIM LIMITS PER ITEM
To keep this Plan affordable, You are limited to filing no more than three (3) Claims per Item covered under this Plan. If more than three (3) Claims are filed for any one Item, We may, at Our sole discretion, either cancel coverage for that specific Item or cancel this Plan in its entirety. If coverage is canceled for a specific Item while coverage remains in effect for other Items, You will not be entitled to any refund of amounts paid for this Plan. If We cancel all coverage under this Plan, We will do so in accordance with the terms outlined in the Cancellation section of this Plan.
QUESTIONS, CO-PAY, REPORTING DAMAGE & FRAUD
- Questions: For questions about Coverage, Exclusions, or Co-Pays, contact us toll-free at 1-855-513-5435 or email us at claims@raptns.com.
- Notice of Co-Pay: This Plan does not require a Co-Pay to activate coverage or service, other than the optional $99 Co-Pay for Cleaning & Touch-Up Service described in this Plan.
- Reporting Damage: You must report all Damage or failure within sixty (60) days of notice of the incident to be eligible for coverage according to Plan terms.
- Fraud: Filing false claims or providing Us with intentionally inaccurate information is a crime and raises costs for everyone and will void Your coverage under this Plan.
ITEMS COVERED
Item(s) covered by this Plan are limited to outdoor furniture Item(s) that You purchased from a Reseller and that are designed and manufactured for outdoor use. Covered Items include outdoor seating, sofas, sectionals, chairs, chaises, benches, dining sets, tables, bar stools, ottomans, and accessory case goods constructed of outdoor-rated materials such as outdoor-grade upholstery, all-weather wicker, teak and other outdoor woods, aluminum, steel, wrought iron, and resin, together with their associated outdoor cushions, glass tops, and frames. This Plan does not cover furniture intended for indoor use. All Items must be designed and manufactured for outdoor use and are subject to the coverage limits of this Plan.
CLEANING & TOUCH-UP SERVICE – $99 Co-Pay for One (1) Hour of Service
Cleaning & Touch-Up Service ("C&T Service") helps maintain Your Item(s) for years of comfort and improves the chances, in the event of damage or failure, that repairs can be made. This valuable service is limited by area and is provided without warranty on a first-come, first-served basis. Please review the details and limitations below and call Us at 1-800-637-8316 or write Us at claims@raptns.com if You have any questions or comments. These Conditions apply together with others described in this Plan:
- You must pay to Us in advance a Co-Pay of $99 before receiving C&T Services.
- C&T Service is limited to one (1) hour of service, even if the service is not completed within one (1) hour.
- If additional time is needed to complete the service, You must pay additional fees.
- To be eligible, item(s) must be maintained in good condition.
- We reserve the right to decline service. C&T Service is provided "as-is" and without warranty.
- We are not liable for any damage to Your home or serviced items; the Limit of Liability and all other terms of this Plan apply.
- C&T Service is not available in all areas - We shall have no obligation to compensate You if We decline to provide You with C&T Services or if C&T Services are not available in Your area.
Contact us at 1-800-637-8316 or at claims@raptns.com during the term of this Plan to schedule Your C&T Service.
Tier 1: Full Coverage for These Common Damages
No Co-Pay, 100% Replacement Credit, 60 Days to Report Damage
Coverage for Outdoor Furniture
Tier 1 provides coverage for the common household damages described in the table below that are caused by a single, isolated accidental event. Coverage excludes any damage resulting from leasing, renting, short-term rental, or showcasing of the property or Item. The terms below this table, together with the Exclusions described in the Exclusions section of this Plan, also apply.
| Breakage of Frames and Panels: Covers structural breakage of outdoor furniture frames and panels resulting from a single, isolated incident on Items designed and manufactured for outdoor use. Other exclusions described in this Plan apply. |
| Stains from a Single Incident: Covers accidental stains caused by a single, isolated incident on Items designed and manufactured for outdoor use. Excludes stains from pests, wildlife, insects, or vermin. |
| Punctures, Rips, Burns, Tears, or Cuts from a Single Incident: Covers accidental punctures, rips, burns, tears, or cuts caused by a single, isolated incident on Items designed and manufactured for outdoor use. Excludes wind and weather damage. |
| Liquid Marks from a Single Incident: Covers accidental liquid marks (such as water rings or similar liquid-caused marks) caused by a single, isolated incident on Items designed and manufactured for outdoor use. Excludes flood and weather damage. |
| Glass Chipping or Breakage: Covers accidental chipping or breakage of glass components (such as glass tops on outdoor tables) caused by a single, isolated incident. Other exclusions described in this Plan apply. |
| Rust on Ferrous Metals/Alloys: Covers rust that compromises ferrous metals and ferrous metal alloys used in the structural construction of Items designed and manufactured for outdoor use. Excludes rust stains. |
Tier 1: Additional Terms & Common Misunderstandings
Replacement Terms & Conditions:
- Matching items are not covered, even if part of a set. Sectionals and matching headboards/footboards are considered a single Item when replaced.
- Replacement credits are based on the retail price paid (excluding taxes/fees) and must be used within six (6) months of issuance or they will be void.
- Credits are non-transferable, non-assignable, and not redeemable for cash.
- Credits may only be redeemed through the original Reseller. If Your replacement Item exceeds the credit value, You are responsible for the difference, including applicable taxes and fees.
Important Clarification -- Not Considered Stains, Rips, Tears or Burns:
- Cracking, peeling, or delamination of upholstery, including fabric, leather, vinyl, or coated fabrics.
- Surface wear, including fading, discoloration from light exposure, or material aging.
- Damage from misuse, neglect, lack of care, or manufacturer defects.
EXCLUSIONS – WHAT'S NOT COVERED
In addition to any conditions, restrictions, or exclusions described elsewhere in this Plan, the exclusions listed below are not covered. If any exclusion applies, coverage will not be provided for that Claim. The determination of whether an exclusion applies shall be made solely and exclusively by Us, in Our absolute discretion.
| Category | Excluded Damages or Failure |
|---|---|
| A | Exclusions Related to Coverage Scope: Anything not specifically described within the Tier 1 coverage sections of this Plan. |
| B | Not Reported, Late Reporting & Expired Plan: Any Failure, Loss, Injury, or Damage that is not reported within the required time frame or in accordance with the terms of this Plan is excluded. |
| C | Unauthorized Services, Alterations, Products & Accessories: Any Damage or Failure resulting from repairs, services, or alterations not authorized by Us; the use of maintenance products not approved by the manufacturer; or accessories not installed by the Item(s)’ manufacturer. |
| D | Previously Owned & Pre-Existing Items: Second-hand, pre-owned, or refurbished Items, or Items sold without a warranty from a Retailer, distributor, or manufacturer. |
| E | Coverage Overlaps: This Plan does not apply to any Damage or Failure already covered by another warranty, guaranty, or service contract. |
| F | Wear & Tear, Unsupervised Minors, Foam Resiliency, Recurring & Intentional Damage: Any Failure, Loss, Injury, or Damage caused by wear and tear including, but not limited to, loss of foam resiliency, unsupervised minors, intentional acts, recurring or habitual damage, or normal use, is excluded. |
| G | Natural Disasters, Acts of God, Peril, Sun & Light Exposure: Any Failure, Loss, Injury, or Damage caused by fire, theft, loss or misplacement of Items; insects or animals (other than Pets); exposure to weather (e.g., wind, rain, hail, sand, dirt, earthquake, flood, or water); sun or ultraviolet (UV) light exposure; or events such as crime, invasion, rebellion, riot, strike, labor disturbance, war, lockout, civil disturbance, or police/military action. |
| H | Commercial Use, Rental & Institutional Use: Any Failure, Loss, Injury, or Damage arising from commercial, business, or institutional use, including in-home daycare or supervised care, or use within for-profit, dormitory, timeshare, rental, or not-for-profit institutional environments. |
| I | Mold, Pest & Infestation: Damage caused by mold, mildew, fungus, rust, corrosion, pests, or infestation is excluded, except for rust expressly covered under Tier 1 coverage of this Plan. This includes any Odors resulting from these sources. |
| J | Item Misuse, Neglect & Failure to Care: Item misuse; neglect; or failure to care for Item(s) in accordance with the manufacturer's use and care instructions. |
| K | Inadequate or Excessive Maintenance, Cleaning & Packaging: Inadequate or excessive maintenance; use of cleaning methods or materials not recommended by the manufacturer; lack of reasonable cleaning or maintenance; or Damage caused during the packaging or transport of Items, and similar issues. |
| L | Manufacturer Defects, Inherent Design Issues & Recalls: Pre-existing manufacturer’s defects, inherent design flaws, manufacturer’s quality issues or recalls, Damage incurred during shipment to the original delivery location, or issues covered by pre-delivery services or product recalls. |
| M | Matching Pieces, Texture & Dye Lot: We do not guarantee the matching of colors, dyes, patterns, textures, or the exact replacement of lost, damaged, or non-repairable Items. This Plan does not cover matching items or pieces. |
| N | Consumables: This Plan does not cover consumable components such as lights or batteries, or Damage or stains caused by such components, except to the limited extent expressly provided under Tier 1 coverage of this Plan. |
| O | Installation & Removal: Any Damage, Loss, or Failure arising from or related to the installation, hook-up, or removal of the Item(s). |
| P | Cushions, Upholstery & Resiliency: Cushions, cushion inserts, foam, stuffing, and other cushion materials are not covered under this Plan, including any wear and tear, fading, sun damage, or loss of support, comfort, feel, or shape, except for rips, tears, and burns expressly covered under Tier 1 coverage of this Plan. “Sagging” means a deflection of the surface and is distinct from “Resiliency,” which refers to support or feel. Both are not covered. |
| Q | Transit, Storage & Outdoor Storage Damage: Any Damage, Loss, or Failure caused by or resulting from transit, delivery, re-delivery, or the moving of Item(s) between residences; storing or using Item(s) in commercial storage units or in non-climate-controlled residential areas; or storing Item(s) outdoors, on patios, or in screened rooms when they are not specifically designed, manufactured, and marketed for that purpose. |
| R | Inherent Design Flaws & Dye Lot or Texture Variations: Inherent design flaws, including natural inconsistencies in finishes or dye lot variations, are not covered even if We replace part of an Item. |
| S | Broken or Loose Legs, Rungs & Joints: Broken, loose or damaged legs, rungs and joints of any kind on any Item are not covered under this Plan even if from accidental damage or wear & tear. |
| T | Broken & Non-Functioning Zippers, Seam Splits or Seam Separation: Broken, loose or damaged zippers are not covered. Seams splitting, opening, or loose threads are not covered even if from accidental damage or wear & tear. |
| U | Cracking, Peeling, Pilling or Discoloration: Lifting of surface, flaking of paint, peeling, pilling of fabric, discoloration, loss of paint - including discoloration and fading, are excluded under this Plan even if from accidental damage or wear & tear. |
INDIRECT & CONSEQUENTIAL LOSS
This Plan does not cover:
- Incidental or Special Damages: Losses not directly related to the physical state of the covered Item(s), such as personal inconvenience or loss of use.
- Service Delays: Financial or personal repercussions resulting from delays in service or repair times.
- Voiding Other Agreements: Complications, including voiding warranties or insurance, arising from the use of this Plan.
- Inability to Use Items: Indirect losses incurred due to the inability to use the Item(s) during repair or while awaiting replacement.
- Damage to Other Property: Damage or loss to other items or structures (including walls, floors, paint, carpet, or rugs) caused by the failure of a covered Item or by Our attempts to repair or replace it.
TO OBTAIN SERVICE
You may initiate a claim for service under this Plan in one of the following ways:
- Online using any web-connected device at 5Starservice.net, 24 hours a day, 7 days a week.
- Call Us at 1-800-637-8316, Monday through Friday, 9 a.m. to 6 p.m. EST, excluding holidays.
- Email Us at claims@raptns.com.
- When filing a claim, You must provide:
- Your original Sales Receipt, which shows Your purchase of the Item(s) and this Plan.
- The Plan Confirmation Number that We issued to You, which helps Us process Your claim.
- The date that You took possession of the Item.
- The date that You discovered the failure or damage that You are reporting.
Your cooperation with the Administrator is essential for the processing of Your claim. Your failure to fully cooperate may result in denial of Your claim or cancellation of Your Plan. Failure to cooperate includes, by way of example and not limitation: (a) failure to provide timely access for a service technician to inspect or repair damaged Item(s); (b) failure to timely respond to requests for additional information; (c) providing false or misleading information; or (d) repeatedly submitting claims for the same damage to the same Item after a claim has been settled by Us.
THE SERVICE PROCESS
Upon receiving a claim for an Item covered by this Plan, We will provide repair advice and/or products to assist with stain removal or damage repair. We may request photographs to help determine whether You are eligible to receive, at no charge, an in-home visit by a professional technician, a part, or a replacement. If a technician determines that repairs must be completed off-site, the damaged Item will be removed and returned at no cost to You. With or without a technician visit, We may elect to replace the damaged part or area of the Item. If the stain or damage cannot be repaired or replaced, or if a necessary part is unavailable, We will issue a store Replacement credit.
The value of a Replacement credit is determined by the coverage Tier under which the Item is replaced. See Plan Coverage above, including any applicable No Aggregation Provisions. Replacement credits exclude taxes and fees previously paid for the Item being replaced or for new replacement items. Any difference between the face value of the Replacement credit and the total cost of a new item must be paid by You to the Reseller. Replacement credits are non-transferable, may not be redeemed for cash, and will expire six (6) months from the date of issue.
Replacement credits may only be used at a location or purchased through the Reseller who sold You this Plan. If that Reseller is closed, out of business, or You have relocated outside of the Reseller's normal delivery area, this Plan will be limited to repair service only, or You will receive a pro-rata refund of the purchase price of this Plan, based on the time elapsed since the commencement of this Plan, less any claims paid.
We will not replace or otherwise service matching pieces or parts that are not damaged, even if they are covered under this Plan. We are not responsible for, and will not take action to correct, dye lot or texture variations resulting from repair or replacement of a part or an entire Item. If You financed the purchase of this Plan, any refund due under this section will be paid directly to the lender of record.
If a manufacturer's warranty covers the damage reported under this Plan, coverage under this Plan will not apply. Service or replacement is limited only to damaged Items specifically named as covered by this Plan. Coverage does not transfer to Items provided as replacements. Once a Replacement credit is used, coverage under this Plan for the Item named in the credit ends. Only Item(s) shown on the original sales receipt that are covered by this Plan, and that remain in Your possession, are eligible for coverage. Terms written in Replacement credits are incorporated in and are subordinate to the Terms and Conditions of this Plan with this Plan's Terms and Conditions prevailing in the event of conflict.
This Plan does not eliminate the need for routine care and maintenance, which remains solely Your responsibility. General soiling and wear and tear (defined as a gradual buildup or accumulation of dirt, dust, body oils, perspiration, and damage that cannot be attributed to a single incident) are excluded except to the extent covered under Tier 1 coverage, described above. Failure to maintain Items according to the manufacturers or Retailer's use and care instructions may void this Plan. Matching Item(s) covered by this Plan that are not damaged will not be serviced or replaced, even if We replace or service an Item under the terms of this Plan.
CO-PAY & DEDUCTIBLE
This Plan does not require a Co-Pay or Deductible, other than the optional $99 Co-Pay for Cleaning & Touch-Up Service described in this Plan.
LEASE TO OWN TRANSACTIONS
LTO TRANSACTION NOTICE: YOU ARE NOT REQUIRED TO PURCHASE THIS OR ANY OTHER PROTECTION PLAN OR SERVICE AGREEMENT AS A CONDITION OF ENTERING INTO AN LTO TRANSACTION.
For purposes of this Plan, an "LTO Transaction" means a transaction under which You rent or lease Item(s) as described by this Plan. Item(s) shall not be treated as part of an LTO Transaction unless the lessor is identified on Your Sales Receipt, together with Your name and the address where the Item(s) are delivered. Where Item(s) covered by this Plan are initially acquired through an LTO Transaction, and You have not obtained ownership of the Item(s), any cash settlement under this Plan will accrue to the benefit of the lessor. In all other respects, You will retain a beneficial interest in this Plan, including all non-cash benefits described herein. Subject to the terms of the LTO Transaction, the lessor may elect to apply cash settlement benefits under this Plan to Your obligations under such LTO Transaction. Any amount paid in excess of the balance due may, at the lessor's discretion and subject to the terms of the LTO Transaction, be paid to You. You are solely responsible for maintaining any Item(s) covered by this Plan, whether purchased under an LTO Transaction or otherwise.
WE ARE NOT A PARTY TO ANY LTO TRANSACTION. REFERENCE TO ANY LTO TRANSACTION UNDER THE TERMS OF THIS PLAN SHALL NOT OPERATE TO CAUSE US TO BECOME A PARTY TO THAT TRANSACTION, AND WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY ACCRUING TO ANY PARTY UNDER ANY LTO TRANSACTION. WE ARE NOT OBLIGATED AND SHALL NOT NEGOTIATE FOR ANY THIRD-PARTY BENEFITS OR DISPUTES WHATSOEVER ARISING FROM OR RELATING TO LTO TRANSACTIONS WITH RESPECT TO ANY QUALIFIED ITEM COVERED UNDER THIS PLAN, OR ANY TRANSACTION, ACTION, OR OBLIGATION ARISING OR ACCRUING TO ANY PARTY UNDER ANY LTO TRANSACTION.
LIMIT OF LIABILITY
IN NO EVENT SHALL OUR LIABILITY UNDER THIS PLAN EXCEED:
- PER PLAN ITEM LIMIT: A MAXIMUM OF FIVE THOUSAND DOLLARS ($5,000.00 USD) IN TOTAL DURING THE TERM OF THIS PLAN.
- PER PLAN AGGREGATE LIMIT: A MAXIMUM OF FIFTEEN THOUSAND DOLLARS ($15,000.00 USD) IN TOTAL DURING THE TERM OF THIS PLAN.
IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT, AT LAW OR IN EQUITY, INCLUDING LOSS OR DAMAGE TO PERSON OR PROPERTY ARISING FROM OR RELATING TO THIS PLAN, THE SALE OR PURCHASE OF THIS PLAN, OR THE USE, THE INABILITY TO USE, OR FROM THE REPAIR OR REPLACEMENT OF AN ITEM.
FEE SHIFTING PROVISION
If You institute or bring an action, lawsuit, or claim against Us, whether in court or in arbitration, and regardless of whether the claim is brought as a contract claim or as a statutory claim, which arises from or relates to this Plan, actions, services, goods, or performance related to this Plan, or the failure to act or perform or to provide services, goods, and We are the prevailing party, You shall be required to pay Us our reasonable attorney's fees and costs that were incurred in the action, lawsuit, or otherwise litigating the claim.
CLASS ACTION WAIVER
EACH PARTY HEREBY AGREES TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION PROCEEDING, WHETHER IN CONTRACT OR TORT, AT LAW OR IN EQUITY, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, REGARDLESS OF WHICH PARTY BRINGS SUIT, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. THIS WAIVER SHALL APPLY TO ANY MATTER WHATSOEVER BETWEEN THE PARTIES (INCLUDING OUR AFFILIATES AND ASSIGNS) THAT ARISE OUT OF OR RELATES IN ANY WAY TO THIS PLAN, THE SALE OR PURCHASE OF THIS PLAN, OUR PERFORMANCE UNDER THIS PLAN, OR OUR AGENT'S PERFORMANCE UNDER THIS PLAN.
CANCELLATION
This Plan may be cancelled by You for any reason. To cancel this Plan, contact the Administrator toll-free at 1-800-637-8316. If You cancel this Plan within the first thirty (30) days after purchase and no claims have been made hereunder, You will receive a full refund of the Plan purchase price from the Reseller. If You cancel this Plan after the first thirty (30) days of purchase, or if a claim has been made hereunder, You will receive a pro-rata refund of the purchase price of this Plan from the Reseller, calculated based on the elapsed time since the commencement of this Plan, less any claim losses that We have incurred. Any refund due under this section shall be the responsibility of the Reseller that sold You this Plan.
If We cancel this Plan, We must provide You with written notice at least fifteen (15) days prior to the cancellation date, sent to Your last known address. Such notice must include the effective date of cancellation and the reason for cancellation. If We cancel this Plan, You will receive a refund equal to one hundred percent (100%) of the unearned pro-rata purchase price of this Plan, less the cost of any services, parts, or replacements (including the issuance of a credit) that We have incurred.
The reasons We may cancel this Plan, or void coverage for one or more Item(s) covered by this Plan, include but are not limited to: any fraudulent or unlawful acts by You in connection with this Plan; any intentional damage to Item(s); any use of Item(s) in a manner other than as intended by the manufacturer that is likely to increase the chances that the Item(s) will be damaged or require repair, service, or replacement (including the issuance of a credit); or any intentionally false or misleading statements made by You in any forum or to any person(s) regarding this Plan, including any services, repairs, or replacements (including the issuance of a credit) that You have received or claim You should have received under this Plan.
If You financed the purchase of this Plan, any refund due as a result of cancellation will be paid directly to the lender of record. Once this Plan is cancelled, it may not be reinstated.
OUR RIGHT TO RECOVER PAYMENT
If You have a right to recover against another party for anything We have paid under this Plan, Your rights shall become Our rights. You shall do whatever is necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.
GUARANTY
This Plan is not an insurance policy. The obligations of the Obligor under this Plan service contract are insured under a contractual liability insurance policy. If We fail to pay any claim, provide service, or replace the Item(s) in accordance with the terms of this Plan, including payment of any refund due, within sixty (60) days after We have been provided proof of loss, You are entitled to make a direct claim against the insurer, Sentruity Casualty Company, by calling 1-877-591-8046 or by mail at 1345 Enclave Parkway, Houston, Texas 77077.
IMPORTANT CONSUMER INFORMATION
If Your Item is exchanged by the manufacturer or Reseller, You must notify Us in writing at 1625 South Congress Avenue, Suite 315, Delray Beach, FL 33445, Attn: Claims Department, or call 1-855-513-5435, and provide the date of exchange, make, model, and serial number of the replacement product within ten (10) days of the exchange. In the event of such an exchange, the coverage period shall not exceed the expiration date of the original Plan.
If You fail to notify Us in accordance with these requirements, We may, at Our sole discretion, elect not to provide coverage for any claims submitted under this Plan for the exchanged Item.
THIS PLAN IS NOT TRANSFERABLE, NO ASSIGNMENT OF BENEFITS
Neither this Plan, nor any of the benefits or rights accruing to You under or because of this Plan may be transferred, assigned, pledged, sold, or hypothecated by You to any person or entity. For example, and by no way limiting the generality of the foregoing sentence, You shall not transfer or assign any action, cause of action, claim, demand, lawsuit, or suit, whether in contract or tort, at law or in equity, arising from or relating to this Plan, the sale or purchase of this Plan, or the performance, non-performance, actions, or inactions by Us or Our agents under, arising from, or relating to this Plan. In the event that a court or regulatory body of competent jurisdiction determines that this provision is invalid, You agree that We shall have the exclusive and first right to purchase all of Your rights and benefits under or because of this Plan, including any potential action, cause of action, claim, demand, lawsuit, or suit, whether at law or in equity, for ten dollars ($10.00), which You acknowledge is good, adequate, valuable, and sufficient.
SPECIAL STATE REQUIREMENTS
Regulation of service agreements, like this Plan, varies widely from state to state. Any provisions within this Plan that conflict with the laws of the state where You live shall automatically be modified to conform with the applicable state laws where You live. The following state requirements apply to Your Plan:
[if state language available, insert state language, else leave blank]
END OF PLAN TERMS