Extended Warranty Terms & Conditions.
This contract extends your manufacturer’s warranty, starting immediately after the shortest term of the manufacturer’s warranty.
WEAR AND TEAR
Protects your product from wear and tear that affects mechanical or electrical performance.
Please read this Agreement carefully, as it describes the protection You will receive in return for payment by You.
We, the administrator or the retailer from whom you purchased the product covered by this Plan, may make available additional products and services at a discount from time to time, for your consideration.
THIS PLAN (HEREINAFTER REFERRED TO AS THE “PLAN”) IS A LEGAL CONTRACT BETWEEN YOU, US, AND THE ADMINISTRATOR (AS HEREINAFTER DEFINED). IT REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING AND INDIVIDUAL ARBITRATION OR THROUGH SMALL CLAIMS COURT AND LIMITS OUR LIABILITY TO YOU. PLEASE READ THIS PLAN CAREFULLY AND COMPLETELY. IF YOU DO NOT AGREE WITH ANY OF ITS PROVISIONS, YOU MAY CANCEL THIS PLAN ACCORDING TO THE CANCELLATION PROVISIONS. For more information on how to file a claim, please refer to the “To Make a Claim / How it works” provision below.
Obligor: The company obligated under this Plan in all states and the District of Columbia is Puraclenz LLC who can be contacted at P.O. Box 733, Old Greenwich, CT 06870, telephone 1-833-360-7872.
DEFINITIONS
Throughout this Plan the words (1) “we,” “us” and “our” refer to the company obligated under this Plan, as referenced in the Obligor section above; (2) “administrator” refers to Puraclenz LLC who can be contacted at P.O. Box 733, Old Greenwich, CT 06870, telephone 1-833-360-7872; (3) “retailer” refers to the retailer from which you purchased the product and this Plan; (4) “product” refers to the item which you purchased and is covered by this Plan; (5) “you” and “your” refer to the individual who purchased the product and this Plan, or the approved transferee; (6) “breakdown” refers to the mechanical or electrical failure of the product caused by: (a) defects in materials and/or workmanship; (b) normal wear and tear; (c) dust, heat, or humidity, or (d) power surge; and (7) “replacement product” refers to a NEW, REFURBISHED OR REMANUFACTURED PRODUCT OF EQUAL OR SIMILAR FEATURES AND FUNCTIONALITY THAT PERFORMS TO THE FACTORY SPECIFICATIONS OF THE ORIGINAL PRODUCT. Technological advances may result in a replacement product with a lower selling price than the original product.
INSTRUCTIONS
You must keep the sales receipt or order confirmation email for the product; it is an integral part of this Plan and you may be required to reference it to obtain service. This Plan, including the terms, conditions, limitations and exclusions, and the sales receipt or order confirmation email containing the length and commencement date of this Plan and product identification, constitute the entire agreement.
WHAT IS COVERED
This Plan covers replacement costs or parts and labor costs to repair your product in the event the product experiences a breakdown which is not covered under any insurance policy, other warranty or service contract. If we determine that we cannot service your product as specified in this Plan, we may replace it with a replacement product or, at our discretion, we may issue you a gift card or check for the original purchase price you paid for the product, excluding sales tax, as indicated on your sales receipt or order confirmation email. Non-original parts may be used for repair of the product. NOTE: For Electronics with an Operating System: You are responsible for backing up all computer software and data prior to commencement of any repairs. Repairs to your Product may result in the deletion of software or data. We are not responsible for any lost data, databases, passwords, or other nonstandard software or data on your product.
TERM OF COVERAGE
Please complete the warranty form registration online at https://puraclenz.com/warranty. The term and coverage of this Plan commence upon the expiration of the manufacturer’s labor warranty and continues for the period indicated on your sales receipt or order confirmation email. Plan coverage remains in effect throughout the duration of your term, unless cancelled or fulfilled pursuant to the provisions below. In the event your product is being serviced by an authorized service center when this Plan expires, the term of this Plan will be extended until the covered repair has been completed. Please keep your purchase receipt in a safe place to ensure you have this information. Any replaced defective parts will become the property of Puraclenz. Parts replacement under this warranty will not extend the period of this warranty. If your machine is not functioning properly, please call the Puraclenz Helpline on 1-833-360-PURA. Most issues can be rectified over the telephone by our trained Helpline staff.
TO MAKE A CLAIM / HOW IT WORKS
If your product experiences a breakdown, you may call customer service Monday- Friday, 9 AM MST – 5 PM MST at (833) 360-7872 to speak to an agent or send an email to support@puraclenz.com. All repairs must be authorized in advance. Unauthorized repairs may not be covered. The customer service representative will inform you what type of service your product qualifies for during the filing of the claim. We will pay for the cost of shipping your product to and from the authorized service center if depot service is required. At our sole discretion, we may require that you return the original product to us for inspection by our authorized service center, or we may require you to purchase a replacement product with similar features as a condition to receiving a replacement product or a reimbursement. We may require you to fill out a claim facilitation form prior to receiving service or a replacement or reimbursement under this Plan. You may also be required to produce a State or Federal issued photo identification, other than a student or professional license or I.D., as a condition to receiving service or replacement or reimbursement under this Plan. All claims must be reported within thirty (30) days after expiration of this Plan.
NO LEMON POLICY
During the term of this Plan, after three (3) service repairs for the same defect have been completed on an individual covered product under this Plan, and that individual product requires a fourth (4th) repair, as determined by us, we will provide you with a replacement product, not to exceed the original purchase price of the product excluding sales tax, or, at our discretion, provide you a gift card or check with a value equivalent to the original purchase price of the product, excluding sales tax. Technological advances may result in a replacement product with a lower selling price than the original product. The No Lemon Policy does not apply to repairs performed while the product is under the manufacturer’s warranty. Preventative maintenance checks, cleanings, product diagnosis and customer education are not considered repairs for the purposes of the No Lemon Policy.
LIMIT OF LIABILITY
During the term of this Plan, after three (3) service repairs for the same defect have been completed on an individual covered product under this Plan, and that individual product requires a fourth (4th) repair, as determined by us, we will provide you with a replacement product, not to exceed the original purchase price of the product excluding sales tax, or, at our discretion, provide you a gift card or check with a value equivalent to the original purchase price of the product, excluding sales tax. Technological advances may result in a replacement product with a lower selling price than the original product. The No Lemon Policy does not apply to repairs performed while the product is under the manufacturer’s warranty. Preventative maintenance checks, cleanings, product diagnosis and customer education are not considered repairs for the purposes of the No Lemon Policy.
SERVICE FEE
There is no service fee for repairs or replacements.
TRANSFERABILITY
This Plan may be transferred to a subsequent owner of the product at no additional charge. To transfer to a subsequent owner you may call (833) 360-7872. Information provided by you must include the Plan number, date of transfer, new owner’s name, complete address and telephone number.
MANUFACTURER’S RESPONSIBILITIES
Parts and services covered during the manufacturer’s warranty period are the responsibility of the manufacturer.
WHAT IS NOT COVERED
- Breakdown caused by accidental damage, spilled liquids, insect infestation, introduction of foreign objects, misuse, abuse, or intentional physical damage;
- Service performed by unauthorized repair personnel;
- Parts intended for periodic replacement unless specified in the What is Covered section above (for example: Filters, PCO Cells, Recharge Cell™, Pre-Filters, Screen, bulbs and/or lamps);
- Cosmetic damage, including scratches, peelings or dents that do not impede the mechanical functionality of the item (unless otherwise provided for above) and problems due to improper installation;
- Breakdown resulting from Acts of God;
- Products with altered or missing serial numbers;
- Products that are not listed on this Plan;
- Consequential or incidental damages, including but not limited to: loss of use, loss of business, loss of profits, loss of data, down-time and charges for time and effort, except as otherwise stated herein;
- “No Problem Found” diagnosis or breakdown caused by failure to follow the manufacturer’s instructions;
- Any failures, parts and/or labor costs incurred that are associated with a manufacturer’s recall, regardless of the manufacturer’s ability to pay for such repairs;
- Pre-existing conditions;
- Service or replacement outside of the Contiguous United States;
- Products not originally covered by a store return policy or manufacturer’s warranty including, but not limited to: floor models;
- Damages caused by third-party actions, fire, collision, vandalism or theft;
- Liability or damage to property, or injury or death to any person or pet arising out of the operation, maintenance or use of the product;
- Cost of preventative maintenance and breakdown caused by improper preventative maintenance;
- Seized or damaged parts resulting from failure to maintain proper levels of lubricants or coolants, from use of contaminated or improper lubricants, from use of stale, contaminated or improper fuel, or from freezing or overheating;
- Products with safety feature(s) removed, bypassed disabled or altered;
- Any damage or loss to any data or operating system, including damage or loss as a result of any repairs or replacement under this Plan;
- Breakdown which is not reported within thirty (30) days after expiration of this Plan;
- Breakdown resulting from war, invasion or act of foreign enemy, hostilities, civil war, rebellion, riot, strike, labor disturbance, lockout or civil commotion;
- Product used in multi-user organizations, public rental or communal use in multi-family housing;
- Inherent defects that are the responsibility of the manufacturer.
- Any Product that has been disassembled, altered or repaired by unauthorized parties or agents will void the Plan.
RENEWAL
This Plan may be renewed at our discretion.
CANCELLATION
You can cancel this Plan at any time for any reason by surrendering it to the retailer from which you purchased this Plan during their store return policy, or at any time by emailing support@puraclenz.com or by writing the administrator at P.O. Box 733, Old Greenwich, CT 06870. In the event you cancel this Plan within thirty (30) days of receipt of this Plan, you will receive a full refund of any payments made by you under this Plan, less the cost of any claims that have been paid or repairs that have been made. In the event you cancel this Plan after thirty (30) days of receipt of this Plan, you will receive a refund equal to one hundred percent (100%) of the pro-rata unearned portion of the price paid for the Plan, less an administrative fee not to exceed ten percent (10%) of the price of this Plan or twenty-five dollars ($25), whichever is less, and less the cost of any claims that have been paid or repairs that have been made. This Plan may be cancelled by Puraclenz LLC for any reason by notifying you in writing at least thirty (30) days prior to the effective date of cancellation, which notice will state the effective date and reason for cancellation. If we or Puraclenz LLC cancel this Plan, you will receive a refund of one hundred percent (100%) of the pro-rata unearned portion of the Plan price, excluding sales tax less the cost of any claims which have been paid or repairs that have been made. In AL, AR, CA, CO,DC, HI, MA, MD, ME, MN, MO, NJ, NM, NV, NY, SC, TX, WA, WI and WY any refund owed and not paid or credited within thirty (30) days of the cancellation effective date will include a ten percent (10%) penalty per month.
FORCE MAJEURE
We have no responsibility for delays or failures due to acts of God, fire, flood, explosion, war, strike, embargo, acts of the government, military authority, or the elements, or other causes beyond our control, and in such event, we may cancel this Plan immediately.
ARBITRATION OR SMALL CLAIMS COURT AGREEMENT
Please read this section carefully. It affects your rights. For the purposes of this arbitration or small claims court agreement (referred to as the “A.A”) only, references to “we” and “us” also include (1) the respective parents, subsidiaries, affiliates, agents, employees, successors and assigns of the Obligor and administrator of this Plan (as defined above) , and (2) the retailer(as defined above) and its wholly owned subsidiaries, agents, employees, successors and assigns. Most of your concerns about this Plan can be addressed simply by contacting us at (833) 360-7872. In the event we cannot resolve any dispute with you, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS.
THIS A.A.:
- Survives termination of this Plan.
- Is governed by the Federal Arbitration Act.
- Covers any dispute you have with us concerning or related, directly or indirectly, to this Plan.
- Does not prevent you from bringing an individual action against us in small claims court instead of pursuing arbitration.
- Does not prevent you from informing any government agency of your dispute. They may be able to seek relief on your behalf.
ARBITRATION PROCESS:
1. How to start arbitration.
- Send a written Notice of Claim by certified mail to Legal Department, P.O. Box 110656, Nashville, TN 37122-0656.
- Describe the dispute and relief sought in the Notice.
- If the dispute is not resolved within 30 days of receipt of the Notice, you may start an arbitration with the American Arbitration Association (“AAA”). You can contact the AAA and obtain a free copy of their rules and forms at www.adr.org or 1-800-778-7879.
2. Arbitration will be conducted by the AAA following the Consumer Arbitration Rules (“Rules”). A court may decide the enforceability of this A.A. The arbitrator will decide all other issues. The arbitrator is bound by this A.A.
3. Any hearing will take place in the county or parish of your mailing address unless you and we agree to a different location.
FEES:
1. In most cases we will pay all filing, administration and arbitrator fees. If the arbitrator finds that your dispute was filed to harass or is frivolous, the Rules govern payment of the fees.
2. We will reimburse you for a filing fee paid to the AAA. If you are unable to pay a filing fee, we will pay it if you send us a written request.
ARBITRATION DECISION
1. You and we agree not to disclose any settlement offers to the arbitrator before the arbitrator issues a decision.
2. If the arbitrator finds in your favor and the damages awarded are greater than the last settlement we offered, we will do the following.
- We will pay you the greater of the damages or $7,500.
- We will also pay your reasonable attorney’s fees and arbitration expenses. You may not recover duplicate awards of fees and expenses.
3. We waive any right we have to recover attorney’s fees and expenses from you if we win the arbitration.
4. If you seek declaratory or injunctive relief, it can only be awarded as necessary to provide you relief.
YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise, the arbitrator may not consolidate your dispute with any other person’s dispute and may not preside over any form of representative proceeding. If this specific provision is found to be unenforceable, then the entirety of this A. A. is null and void.
STATE VARIATIONS
The following state variations will control if inconsistent with any other terms and conditions.
- Arizona Residents: If your written notice of cancellation is received prior to the expiration of the term, we will not deduct the cost of any claims that have been paid or repairs that have been made from your refund. The pre-existing condition exclusion does not apply to conditions occurring prior to the sale of the consumer product by the retailer, its assignees, subcontractors and/or representatives, or to any conditions that the Obligor or retailer knew or reasonably should have known about. The Arbitration Agreement of this Plan does not preclude you from contacting the Consumer Protection Division of the Arizona Department of Insurance. The third sentence of the Cancellation section is deleted and replaced with the following: “In the event you cancel this Plan after thirty (30) days of receipt of this Plan, you will receive a refund equal to one hundred percent (100%) of the pro-rata unearned portion of the price paid for the Plan, less an administrative fee not to exceed ten percent (10%) of the gross amount paid for the Plan or twenty-five dollars ($25), whichever is less.” Item (1) of the WHAT IS NOT COVERED section is deleted and replaced with the following: “(1) Breakdown caused by accidental damage, spilled liquids (unless you purchased a portable product or eyewear), insect infestation, introduction of foreign objects, misuse, abuse, or intentional physical damage while owned by you.
- California Residents: For all products other than home appliances and home electronic products, the Cancellation provision is amended as follows: If the Plan is cancelled by you: (a) within sixty (60) days of the receipt of this Plan, you will receive a full refund of the price paid for the Plan provided less the cost of any claims that have been paid or repairs that have been made, or (b) after sixty (60) days, you will receive a pro rata refund, [less an administrative fee not to exceed ten percent (10%) of the price of this Plan or twenty-five dollars ($25), whichever is less, and] less the cost of any claims that have been paid or repairs that have been made.
- Connecticut Residents: In the event of a dispute with us or the administrator that cannot be resolved, you may contact the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The complaint must contain a description of the dispute, the purchase price of the product, the cost of repair of the product and a copy of the Plan.
- Florida Residents: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation.
- Georgia Residents: We may only cancel this Plan before the end of its term on the grounds of fraud, material misrepresentation, or failure to pay consideration due therefore. The cancellation will be in writing and will conform to the requirements of Official Code of Georgia Annotated (“O.C.G.A.”) 33-24-44. If this Plan is cancelled prior to the expiration of its term, we will not deduct the cost of any claims that have been paid or repairs that have been made from your refund. The third sentence in the Cancellation section is deleted and replaced with the following: “In the event you cancel this Plan after thirty (30) days of receipt of this Plan, you will receive a refund equal to one hundred percent (100%) of the pro-rata unearned portion of the price paid for the Plan, less an administrative fee not to exceed ten percent (10%) of the pro-rata unearned portion of the Plan price or twenty-five dollars ($25), whichever is less.” This Plan excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you. As stated in the Arbitration Agreement provision of this Plan, either party may bring an individual action in small claims court. The Arbitration Agreement provision of this Plan does not preclude you from bringing issues to the attention of federal, state, or local agencies or entities of your dispute. Such agencies or entities may be able to seek relief on your behalf. You and we agree to waive the right to a trial by jury and waive the right to participate in class arbitrations, class actions and other similar proceedings. Nothing contained in the Arbitration Agreement provision will affect your right to file a direct claim under the terms of this Plan against Continental Casualty Company pursuant to O.C.G.A. 33-7-6.
- Nevada Residents: If the Plan is cancelled, we will not deduct the cost of any claims that have been paid or repairs that have been made from your refund. In the third sentence of the Cancellation provision, “administrative fee” is deleted and replaced with “cancellation fee”. If this Plan has been in force for a period of seventy (70) days, we may only cancel before the expiration of the Plan term due to the following reasons: 1) You engage in fraud or material misrepresentation in obtaining this Plan or in filing a claim for service under this Plan; 2) You commit any act, omission, or violation of any terms of this Plan after the effective date of this Plan which substantially and materially increases the service required under this Plan; or 3) any material change in the nature or extent of the required service or repair, including unauthorized service or repair, which occurs after the effective date of this Plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time this Plan was purchased or last renewed. If we fail to pay the cancellation refund as stated in the Cancellation provision, the penalty will be ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. If your claim requires emergency service because the breakdown of the product results in the loss of plumbing, heating, cooling, or substantial loss of electrical power to your refrigerator/freezer and renders your dwelling unfit for you to live in: (i) repairs will commence within twenty-four (24) hours after you report your claim; and (ii) if we determine repairs cannot be practicably completed within three (3) calendar days after you report your claim, we will send you a status report within three (3) calendar days after you report your claim. Contact us at (888) 585-8504 with questions, concerns or complaints about this Plan. In the event you do not receive satisfaction under this Plan, complaints or questions about this Plan may be directed to the Nevada Department of Insurance, telephone (888) 872-3234.
- New Hampshire Residents: Contact us at (888) 585-8504 with, questions, concerns, or complaints about the Plan. In the event you do not receive satisfaction under this Plan, you may contact the State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301, telephone number: 1-603-271-2261. The Arbitration Agreement provision of this Plan is subject to Revised Statutes Annotated 542.
- New Mexico Residents: If this Plan has been in force for a period of seventy (70) days, we may not cancel before the expiration of the Plan term or one (1) year, whichever occurs first, unless: (1) you fail to pay any amount due; (2) you are convicted of a crime which results in an increase in the service required under the Plan; (3) you engage in fraud or material misrepresentation in obtaining this Plan; (4) you commit any act, omission, or violation of any terms of this Plan after the effective date of this Plan which substantially and materially increase the service required under this Plan; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of this Plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time you purchased this Plan.
- North Carolina Residents: The purchase of this Plan is not required either to purchase or to obtain financing for the product. We may non-renew but may only cancel this Plan prior to the expiration of the term for non-payment by you or for violation of any of the terms and conditions of this Plan. The third sentence in the Cancellation section is deleted and replaced with the following: “In the event you cancel this Plan after thirty (30) days of receipt of this Plan, you will receive a refund equal to one hundred percent (100%) of the pro-rata unearned portion of the price paid for the Plan, less an administrative fee not to exceed ten percent (10%) of the pro-rata unearned portion of the Plan price or twenty-five dollars ($25), whichever is less, and less the cost of any claims that have been paid or repairs that have been made.”
- Oklahoma Residents: Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial use references in this Plan. Oklahoma license number: 44199294.
- Oregon Residents: The Arbitration Agreement provision of this Plan is replaced with the following: “For the purpose of this arbitration agreement, references to “we” and “us” also include the respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns of the Plan Obligor and administrator, as defined above ; and the retailer and its wholly owned subsidiaries, affiliates, agents, employees, successors and assigns. Most of your concerns about the Plan can be addressed simply by contacting us at (888) 585-8504. In the event we cannot resolve any dispute, you and we may, in a separate agreement, consent to arbitration. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER SIMILAR PROCEEDING. Any arbitration proceedings will be conducted within the state of Oregon.”
- South Carolina Residents: Contact us at (888) 585-8504 with questions, concerns or complaints about the Plan. In the event you do not receive satisfaction under this Plan, complaints or questions about this Plan may be directed to the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, SC 29201 or (800) 768-3467.
- Texas Residents: If you purchased this Plan in Texas, unresolved complaints concerning us or questions concerning our registration may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, telephone number 1-512-463-6599 or 1-800-803-9202. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Plan is returned to us. Texas license number: 116.
- Utah Residents: NOTICE. This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Plan is not guaranteed by the Utah Property and Casualty Guaranty Association. The fourth sentence in the Cancellation section is replaced with the following: “This Plan may be cancelled by us or the administrator prior to the expiration of the term for: (i) material misrepresentation or substantial breaches of contractual duties, conditions, or warranties, by notifying you in writing at least thirty (30) days prior to the effective date of cancellation; or (ii) for nonpayment of premium by notifying you in writing at least ten (10) days prior to the effective date of cancellation. Such cancellation notifications will state the effective date and reason for cancellation.” Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible.
- Washington Residents: If we fail to act on your claim, you may contact Continental Casualty Company directly at 1-800-831-4262. You are not required to wait sixty (60) days before filing a claim directly with Continental Casualty Company.
- Wisconsin Residents: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. We may only cancel this contract before the end of the agreed contract term on the grounds of nonpayment, a material misrepresentation made by you to us, or a substantial breach of duties by you relating to the product or its use. If you cancel this contract due to total loss of the Covered Equipment that is not covered by this Contract, we will not deduct an administrative fee from your refund. The arbitration agreement provision of this contract is amended as follows: (1) The fifth and sixth sentences of the first paragraph are deleted and replaced with the following: “,TO RESOLVE DISPUTES, YOU MAY CHOOSE EITHER BINDING ARBITRATION, PURSUANT TO THE ARBITRATION AGREEMENT PROVISION OF THIS CONTRACT, OR SMALL CLAIMS COURT. BY AGREEING TO THIS CONTRACT, YOU AND WE WAIVE THE RIGHT TO HAVE DISPUTES RESOLVED THROUGH COURTS OF GENERAL JURISDICTION, THE RIGHT TO TRIAL BY JURY, AND TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS OR OTHER SIMILARPROCEEDINGS; and (2) Subsection 1.(b) is deleted in its entirety.
- Wyoming Residents: Prior notice is not required if the reason for cancellation is nonpayment of the Plan fee, a material misrepresentation by you to us or retailer, or a substantial breach of duties by you relating to the retailer service or its use. The arbitration agreement provision of this Plan is replaced with the following: “If there are disputes between you and us that are not resolved by negotiations, you and we may in a separate written agreement voluntarily consent to arbitration. Any arbitration proceedings will be conducted within the state of Wyoming.” For the purpose of this arbitration agreement, references to “we” and “us” include the Plan Obligor and administrator, as defined above, and their respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns; and (2) the retailer and its wholly owned subsidiaries, affiliates, agents, employees, successors and assigns.