This document details what is, and what is not, covered under the Life Happens 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 1-800-637-8316 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 Item(s), 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 Furniture Protection Plan.
- Retailer: Means the retailer who sold You this Plan and Qualifying Item(s) that We authorized to sell You Plan.
- Qualifying Item(s): Means the Furniture that You purchased from a Retailer that listed on the same Receipt as this Plan.
- Furniture: Means Upholstered Furniture Including Fabric, Microfiber, or Vinyl Covered Furniture (but excluding grass, woven, and wicker items; and Solid Surface Wood or Laminate Furniture Includng Bedroom, Dining Room, Home Office, Entertainment, Accessory and Dinettes; or Accessory Pieces and Table Lamps.
- We, Our, or Us: Means Risk Assurance Partners, LLC.
- Obligor: Means Risk Assurance Partners, LLC, PO Box 912, Boynton Beach, FL 33425, 1-800-732-5856.
- Administrator: Means Risk Assurance Partners, LLC, PO Box 912, Boynton Beach, FL 33425, 1‐800‐732‐5856.
- 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 retailer, manufacturer, or distributor warranties. Please see page 7 for the Effective and End Date of this Plan's Term.
- Effective Date: Means the date 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 or failure to 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 activate and receive benefits under Tier Two Coverage of this Plan or as otherwise 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.
- 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 Qualifying Item(s) excluding taxes, fees, and delivery charges.
- Sales Receipt: Means the original sales receipt issued by a Retailer describing Your purchase of the Item(s) and this Plan.
- Wear & Tear & Odor: Means a gradual buildup of dirt, dust, body oils, scratches, chips, dents, soiling, stains, general soiling, parts wearing, or other damages that cannot be attributed to a single incident. Means any smells or odors emanating from any source.
- Item & Claim: "Item" means one (1) piece of the covered products described in the Items Covered section of this Plan. "Claim" means one (1) claim for service, repair, replacement or other benefits under this Plan from You to Us for which We issue to You one (1) unique claim number.
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.
QUESTIONS, CO-PAY, REPORTING DAMAGE & FRAUD
- Questions: For questions about coverage, exclusions, or co-pays, contact us toll-free at 1-800-637-8316 or email us at claims@raptns.com.
- Notice of Co-Pay: This Plan includes two tiers of coverage, Tier 1 and Tier2. Tier 1 does not require a co-pay to activate coverage or service. Tier 2 does require a co-pay to activate coverage and service.
- Reporting Damage: You must report all damage or failure in the number of days noted in this Plan to be eligible for coverage using the methods describe below.
- Fraud: Filing false claims or providing Us with intentionally inaccurate information is a crime and raises costs for everyone.
ITEMS COVERED
Furniture means Upholstered Furniture Including Fabric, Microfiber, or Vinyl Covered Furniture (but excluding grass, woven, and wicker items; and Solid Surface Wood or Laminate Furniture---including Case Goods for Bedroom, Dining Room, Home Office, Entertainment, Accessory and Dinettes; or Accessory Pieces and Table Lamps.
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 improve 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 service basis. Please review details and limitations below and call Us at 1-800-637-8316 or write us at claims@raptns.com if you have questions or comments. These Conditions apply together with others described in this Plan:
- Only Item(s) covered under this Plan are eligible for C&T service.
- You must pay to Us a Co-Pay of $99 for each C&T Service before We will provide C&T Services.
- C&T Service is limited to one (1) hour maximum service, even if a service is not completed in 1 hour or if We are unable to repair damage, remove stains, or restore functionality.
- If additional time is needed to complete a service, You must additional fees to complete a service.
- To be eligible, Items 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 only available during the term of this Plan.
- C&T Service is not available in all areas - We shall have no obligation to compensate You in the event that 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 claims@raptns.com during the term of this Plan to schedule Your C & T Service.
TIER 1 – Accidental Single Incident
NO CO-PAY - 100% FULL REPLACEMENT CREDIT – 90 DAYS TO REPORT DAMAGE FROM OCCURRANCE
This tier provides coverage for claims arising solely from an isolated accidental event involving a single type of damage. However, in accordance with the Aggregation Clause, if any damage qualifying for Tier 2 coverage is discovered on the same item—even if not initially reported—then all benefits for that item shall default to Tier 2, including any claims originally made under Tier 1. This provision is intended to prevent any reclassification or combining of benefits from different tiers on a single item.
| (A) Upholstered Fabric, Microfiber, Vinyl, Bi-Cast, Leather & Top Grain Leather | |
|---|---|
| Most Household, Beverage, Food, Ball Point Stains: See Tier 2 for Pet, Marker, Nail Polish &Remover, Caustic, General Soiling, Loss of Color & Other Stain Coverage | |
| Most Burn or Heat Marks | |
| Rips, Tears or Punctures: See Tier 2 for Pet Teeth – Claw -Beaks, Zippers, Decking, Zippers & Seams | |
| Broken Frames, Springs & Structural Components: See Tier 2 for Chair & Table Joints, Legs & Rung Coverage | |
| Cracking & Peeling of Top Grain Leather: See Tier 2 for Bi-Cast, Faux Leather, Vinyl & Fabric Coverage | |
| Mechanism Failure, Breaking & Failure | |
| Electrical Motors, Switches & Outlets: See Tier 2 for Surge, Lightening & Battery Damage Coverage. Excludes Replacement Batteries & Bulbs | |
| (B) Wood & Solid Surface Furniture or Area - All Coverage Above Plus: | |
| Checking, Cracking, Bubbling and Peeling of the Finish, Warping, or Lifting of Veneers: See Tier 2 if Occurred over Period of More Than 120 Days | |
| Scratches, Dents, Chips Through the Finish Exposing the Underlayer: See Tier 2 for Minor Scratches & Wear & Tear | |
| Glass and Mirror Breakage, Chipping, Crack, Scratches & Loss of Silvering: Scratch, Crack & Chips damage is covered only when from a single incident, see Tier 2 for additional coverage. | |
| (C) Fireplaces & Accessory Items | |
| All Applicable Coverage Listed Under (A) & (B) above. |
Additional Terms & Conditions (see Plan Exclusions for What's Not Covered)
- No Matching Pieces: Matching pieces are not covered even if a damaged Item is part of a set.
- Replacement Credit: Replacement credits are calculated as a percent of the retail paid for an Item excluding tax and fees. Replacement Credits are not transferable or assignable and cannot be redeemed for cash. Replacement Credits must be used within six (6) months of their issue date otherwise they are void and will not be reissued and may only be redeemed through the Retailer that sold You this Plan. If You select an item exceeding the value of a Replacement Credit, You are responsible for paying the Retailer any difference in price, taxes and fees.
TIER 2 -- Broader Coverage with Co-Pay
$99 CO-PAY - 50% FULL REPLACEMENT CREDIT -- 90 DAYS TO REPORT DAMAGE FROM OCCURRANCE
Tier 2 covers a wider range of damages---including those that may develop or accumulate over time---that are typically excluded under standard plans. Tier 2 coverage includes a $99 co-pay and offers a 50% retail replacement credit. Please note that if We discover any Tier 2--qualifying damage on an Item, coverage for that Item defaults to Tier 2.
| COVERAGE | COVERAGE: See Coverage "Notes" Below & Plan Exclusions for What's Not Covered |
|---|---|
| Pet Teeth, Claws & Beak Damage | Covers scratches, rips, tears, and punctures caused by pet teeth, claws, or beaks. Recurring damage is excluded; see Notes & Plan Exclusions. |
| Markers, Paint, Caustic & Nail Polish/Remover Stains | Covers stains caused by markers, caustic solutions, cosmetics, nail polish remover, and other chemical substances. (Note: Coverage excludes stains resulting from unsupervised pets or minors; see Plan Notes & Exclusions for details.) |
| Chair/Table Legs, Rungs, & Bed Slats | Covers breakage or loosening of chair and table legs and rungs and bed slat breakage. Recurring Damage is not covered, see Notes below. |
| Odors | Covers odors resulting from covered damages, including pet odors. Recurring odors, or odors caused by excluded damages (e.g., mildew or mold), are not covered. |
| Cracking & Peeling of Non-Top Grain Upholstery | Covers cracking and peeling of split-grain leather, faux leather, vinyl, as well as fabric delamination and pilling. See Notes and Plan Exclusions for Coverage Limitations and Exclusions. Includes pealing of paint on leather & vinyl surfaces that cause color loss, but exclude color loss from fading. |
| General Soiling | Covers the buildup of stains or spots from food/beverages, body oils, perspiration, hair oils, and other general household substances. Limited to one (1) claim per covered Item; recurring damage is not covered. If the conditions that gave rise to a claim existed for more than three (3) months or affect more than 50% of the area of an Item, this coverage is void. Other restrictions and exclusions may apply, see Notes below and Plan Exclusions. |
| Surge Damage to Electrical Components | Covers damage to manufactured installed electrical components from electrical surges, including lightning. Excludes replacement of lights and batteries. |
| Scratches & Marring not Penetrating Finish | Covers the buildup of scratches from normal use where reasonable care was used to protect an item from ongoing damage. Limited to one (1) claim per covered Item; recurring damage is not covered. If the conditions that gave rise to a claim existed for more than three (3) months or affect more than 50% of the area of an Item, this coverage is void. |
| Manufacturer's Warranty Coverage for Out-of-Business Manufacturers | If an Item was originally covered under a manufacturer's warranty during the Term of this Plan, and that warranty would still have been in effect but for the manufacturer ceasing operations, this Plan will provide equivalent coverage for the same duration as the original manufacturer's warranty. To qualify, You must provide Us with proof of purchase for both the Item and this Plan, supply Us with a true and accurate copy of the manufacturer's warranty, and demonstrate that the damage or failure would have been covered under the manufacturer's warranty if the manufacturer were still in business or operating. |
| Decorative Hardware, Buttons & Zippers | Covers damage to decorative hardware, buttons, or zippers. Matching replacements parts & hardware are not guaranteed. Void if intentionally caused. |
| Sagging of Seating or Backrest Cushions (excludes decorative cushions) | Covers manufacturer-supplied seating cushion or back cushion sagging by more than 3 inches from its original design as determined at Our sole discretion. Excludes upholstery covering the cushions or back. Matching cushion or support materials of unaffected seats and backs will not be serviced or replaced. Support feel or comfort of repaired or replaced cushions (foam, batting & related materials) are not guaranteed. Coverage is void if cushions are not maintained according to manufacturer instructions. Other exclusions apply. |
| Seam Separation & Loose Threads | Covers seams coming open or separating, threads coming loose, splits around zippers, includes upholstered surfaces, decking & skirts (decorative pillows excluded). |
Additional Terms & Conditions (see Plan Exclusions for What's Not Covered)
No Matching Pieces - Matching pieces are not covered even if a damaged Item is part of a set. Replacement Credit - Replacement credits are calculated as a percent of the retail paid for an Item excluding tax and fees. Replacement Credits are not transferable or assignable and cannot be redeemed for cash. Replacement Credits must be used within six (6) months of their issue date otherwise they are void and will not be reissued and may only be redeemed through the Retailer that sold You this Plan. If You select an item exceeding the value of a Replacement Credit, You are responsible for paying the Retailer any difference in price, taxes and fees.
PLAN EXCLUSIONS
In addition to any conditions, restrictions, or exclusions described in this Plan, the exclusions listed below are not covered. If an exclusion applies, coverage will not be provided for that claim. Determination of whether an exclusion applies is at our sole and absolute discretion.
| Exclusion Category | Description |
|---|---|
| A | Exclusions Related to Coverage Scope: Anything not specifically described in the Tier One or Tier Two Coverage sections of this Plan. |
| B | Non-Reported & Out-of-Term Service Issues: Any failure, loss, injury, or damage that is not reported within the required timeframe or in accordance with the terms of this Plan. |
| C | Unauthorized Services, Alterations, Products, & Accessories: Damages or failures resulting from repairs, services, or alterations not authorized by Us; 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 damages or failures already covered by another warranty or guarantee. |
| F | Excessive Wear & Tear, Unsupervised Minors, Recurring, & Intentional Damage: Any failure, loss, injury, or damage caused by normal wear & tear, unsupervised minors, intentional acts, or recurring (habitual) damage (except to the limited extent described in Tier 1 or Tier 2 coverage). |
| G | Natural Disasters, Acts of God, Peril, Sun & Light Exposure: Any failure, loss, injury, or damage caused by fire, theft, lost/misplaced items; insects or animals (other than Pets); exposure to weather (e.g., wind, rain, water, floods); acts of God (e.g., earthquakes, tornadoes); or sun damage, prolonged exposure to UV rays, and similar issues. |
| H | Commercial, Outdoor, & Non-Residential Use: Damages resulting from commercial, business, or outdoor use, or use in any setting other than a personal residence, unless expressly permitted in writing by Us. |
| I | Mold, Pest, & Bodily Fluids: Damage caused by mold, mildew, fungus, rust, corrosion, pest infestation (including but not limited to rats, mice, bats, bed bugs, fleas), or human and animal body fluids. |
| J | Unreasonable Storage, Handling, & Item Misuse: Placement of Items on balconies, patios, or in any other non-enclosed, non-temperature-controlled space; exposure to extreme hot and cold temperatures; Item misuse; or neglect. |
| K | Inadequate or Excessive Maintenance, Cleaning, & Packaging: Inadequate or excessive maintenance, use of cleaning methods or materials not recommended by manufacturers, lack of reasonable cleaning/maintenance, damage caused during the packaging or transport of Items, and similar issues. |
| L | Manufacturer Defects, Inherent Design Issues, & Recall: Pre-existing manufacturer's defects, inherent design problems, manufacturer's quality issues or recalls, damages incurred during shipment to original delivery location, or issues covered by pre-delivery services or product recalls. |
| M | Non-Operating, Aesthetic, & Customer-Usage Exceptions: Damage that doesn't affect the operating function of an Item; non-factory-recommended usages; non-retail furniture; normal color fading; loose joints due to prolonged use; non-defective fading, shrinkage, or stretching of fabrics; and other issues not reflecting defects in Item quality. |
| N | Item Matching & Availability: We do not guarantee the matching of colors, dyes, patterns, textures, or exact replacement of lost, damaged, or non-repairable Items if identical merchandise is unavailable; replacement availability dependent on current inventory. |
| O | Special Product Exclusions: Natural stone characteristics, inherent wood property variations, variations in stone or ceramic tiles' color or veining, fading or shrinkage of materials, natural characteristics causing differences in size/color, items used with adjustable beds, loose joints from repeated use, sofa/mattress handles, knobs and pulls, and similar exclusions. |
| P | Non-Covered Components, Parts, & Accessories: This Plan doesn't cover headboards, non-electrical decorative components, batteries, light bulbs, consumables, or attachments unless specifically identified as covered in Tier 1 or Tier 2 coverage sections. |
| Q | Pre-Existing Conditions & Post-Delivery Issues: Damage, defects, or service needs existing before this Plan's purchase; damages occurring during transport, delivery, or installation; or any Claim arising while an Item is in the possession of a third party. |
DEFINITIONS FOR EXCLUSION PURPOSES
- Excessive Wear & Tear: Damage occurring over time, through prolonged usage, or from cumulative, repetitive events, that is inconsistent with normal use and exceeding reasonable wear expected during the Item's useful lifespan, including but not limited to accumulated scratches, splits, cuts, stains, dents, soil or dirt build-up, or other damages.
- Recurring Damage: Damage that occurs repeatedly or habitually on the same Item, or similar damages occurring across multiple areas of an Item or multiple Items, indicating a pattern of neglect, improper use, inadequate safeguarding of Items, or failure to remedy conditions that may cause additional damage.
- Pets: For this Plan, refers to domesticated dogs and cats kept within a household as companion animals. "Pet damage" refers to covered damages caused by such household pets and excludes damages caused by any other animals, exotic pets, pests, or insects.
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
MyClaims-ASE.us or 5Starservice.net 24 hours a day 7
days a week or scan this QR Code-
- Call Us at 1-800-637-8316, Monday through Friday [<9 am to 6 pm>] 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.
You must fully cooperate with the Administrator, which includes Your following the Service Processes describe in this Plan, when filing a claim and during the pendency of a claim. Your Cooperation with the Administrator is essential for the processing of Your claim and Your failure to fully cooperate may result in the denial of Your claim. Failure to cooperate includes, by way of example and not limitation, Your failure to allow Our in-home service technician timely access to Item(s) in connection with service under this Plan.
THE SERVICE PROCESS
Upon receiving a claim for an Item, We will provide repair advice and, if necessary, authorize the repair or inspection of the damaged Item. You may be required to provide photos to help Us determine the extent of the damage or whether the claimed damage fits within the Plan's Coverage. Based on Our evaluation and if We determine Coverage exists, You will receive a repair or inspection authorization that You can use to take (or mail at Your expense) the Item to the Retailer that sold You the Plan for repair services.
If Coverage exists and if the Item cannot be repaired or if a necessary part is not available, We will issue a merchandise credit equal to the Purchase Amount of the damaged Item (excluding taxes and fees) for which You made a claim (also called a replacement). You may use this merchandise credit to select a replacement Item at a price equal to or less than that of the Item for which the credit was issued only at a location operated by the Retailer who sold You this Plan. We will not replace, provide Coverage under this Plan, or otherwise service a good, item, or property that is not a Qualifying Item that has suffered a type of failure, loss, injury, or damage set forth in the Plan Coverage Section above.
If the Retailer who sold you this Plan is closed or out of business or You have moved out of that Retailer's normal service area, this Plan will be limited to, at Our option, repair at another facility designated by Us or a merchandise credit valued at 50% of the Purchase Amount or a pro-rata refund of the purchase price of this Plan based on the time elapsed since the commencement of this Plan, minus any monies paid on claims made against this Plan. If You financed the purchase of this Plan, any refund will be paid directly to the lender of record.
Coverage under this Plan DOES NOT include matching pieces of sets, even if those matching Item(s) are covered by this Plan.
CO-PAY & DEDUCTABLE
Tier 1 Coverage does not require a Co-Pay or Deductible to access coverage under this Plan. Tier 2 Coverage DOES require a $99 Co-Pay and only provides a 50% merchandise credit on full replacements. Coverage for details.
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 where You have entered into an agreement under which You rent or lease Qualifying Item(s) as described by this Plan that permits You to become the owner of such Qualifying Item(s) upon completion of the LTO Transaction. For purposes of this Plan, no Qualifying Item(s) shall be treated as an LTO Transaction unless the lessor is indicated on Your Sales Receipt together with Your name and address where the Qualifying Item(s) is/are delivered. Where Qualifying Item(s) covered by this Plan was/were initially acquired under an LTO Transaction, any cash settlement or refund payable under this Plan will accrue to the benefit of the lessor of the Qualifying Item(s) if You have not yet acquired ownership of the Qualifying Item(s). In all other respects, You will retain a beneficial interest in this Plan, including all non-cash benefits described in this Plan. The lessor, subject to the terms of the LTO Transaction, may elect to apply cash settlement benefits accruing under this Plan to Your obligations under any such LTO Transaction and any amount paid in excess of the balance due under such LTO Transaction, subject to the terms of the LTO Transaction, may be paid to You by the lessor. You are solely responsible for maintaining any products 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 PARTY ANY BENEFITS OR DISPUTE 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 THE AMOUNT THAT YOU PAID THE RETAILER FOR THIS PLAN, WHICH IN NO EVENT SHALL EXCEED FIVE HUNDRED ($500.00) DOLLARS.
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.
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 RELATE 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 [1‐888‐292‐9267]. If You cancel this Plan within the first thirty (30) days after purchase of this Plan and no claims have been made hereunder, You will receive a full refund of the Plan purchase price. 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 calculated based on the elapsed time since the commencement of this Plan, less any claims paid. If We cancel this Plan, We must provide You with a written notice at least fifteen (15) days prior to cancellation at Your last known address, which notice must provide the effective date for the cancellation and the reason for cancellation. If We cancel this Plan, You will receive a refund based upon 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 provided. The reasons We may cancel this Plan, or void coverage on one or more item(s) covered by this Plan include: Any fraudulent or unlawful acts by You in connection with this Plan; any intentional damage to Items; 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); any intentionally false or misleading statements that You make in any forum or to any person(s) with respect to this Plan, including services, repairs, or replacements (including the issuance of a credit) that You have received under this Plan or that You claim You should have received but did not. If You financed the purchase of this Plan, any refund due as a result of the cancellation of this Plan 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 is not an insurance policy. The obligations of the Obligor under this Plan are insured under a contract liability reimbursement insurance policy. Should We fail to pay any claim, provide service, or fail to replace the Item(s) under the terms of this Plan within sixty (60) days after the Item has been returned, or in the event You cancel this Plan and We fail to refund the unearned portion of the Plan purchase price, You are entitled to make a direct claim against the insurer, Universal Underwriters Insurance Company, at 1‐888-835-5063 or by mail at 7045 College Boulevard, Overland Park, Kansas 66211.
IMPORTANT CONSUMER INFORMATION
If Your Item is exchanged by the manufacturer or retailer, You must advise the Administrator in writing at 1625 South Congress Avenue, Suite 315, Delray Beach, FL 33445, attn: Claims Department or call 1‐888‐296‐9267 with 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.
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 ($10.00) dollars, which You acknowledge is good, adequate, valuable, and sufficient.
SPECIAL STATE REQUIREMENTS
Regulation of service agreements, like this Plan, vary 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.
New York: If You request cancellation of this Plan within thirty (30) days of the purchase date of this Plan and the refund is not paid or credited within thirty (30) days after return of this Plan to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of this Plan.
END OF PLAN TERMS