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 1-855-513-5435 or email Us at claims@raptns.com. We appreciate having you as a customer and thank you for allowing us to serve you. Scan the QR code in the upper right corner to learn more about the benefits of this Plan.
CUSTOMER OBLIGATIONS
This Plan provides Coverage for Qualifying 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 Furniture Protection Plan.
- Retailer: Means the retailer who sold You this Plan and Qualifying Item(s) that We authorized to sell You this Plan.
- Qualifying Item(s) (also Item or Item(s)): Means the Furniture You purchased from a Retailer that is listed on the same Receipt as this Plan.
- Furniture means Upholstered Furniture Including Fabric, Microfiber, or Vinyl Covered Furniture (excluding grass, woven, and wicker items); and Solid Surface Wood or Laminate Furniture—including Case Goods for Bedroom, Dining Room, Home Office, Entertainment, Accessory, Dinettes, 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, 1-855-513-5435.
- Administrator: Means Risk Assurance Partners, LLC, PO Box 912, Boynton Beach, FL 33425, 1‐855‐513‐5435.
- 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 the last page of this Plan 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, if this Plan has Tier 2 coverage, a fee that You must pay to Us to activate and receive benefits under Tier 2 Coverage of 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) or this Plan, 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 odors emanating from covered Item(s).
- 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 1‐855‐513‐5435 or email us at claims@raptns.com.
- Notice of Co-Pay: If this Plan includes two tiers of coverage: Tier 1 and Tier 2. 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 within the timeframe required in this Plan 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
Qualifying Item(s) means Upholstered Furniture Including Fabric, Microfiber, or Vinyl Covered Furniture (excluding grass, woven, and wicker items); and Solid Surface Wood or Laminate Furniture—including Case Goods for Bedroom, Dining Room, Home Office, Entertainment, Accessory, Dinettes, 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 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 1‐800‐732‐5856 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 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 1‐800‐732‐5856 or at claims@raptns.com during the term of this Plan to schedule Your C & T Service.
“NO AGGREGATION” PROVISION - DEFAULT TO TIER 2 COVERAGE
This Plan includes two levels of coverage, Tier 1 and Tier 2, that together with specific exclusions help extend coverage to provide more protection while keeping the Plan affordable. Please note the following important terms:
- Default Rule: Regardless of any other provision in this Plan, coverage applies only to Damage or failure reported within the required timeframe and in accordance with Plan terms. Where a Claim is made on an Item that includes both Tier 1 and Tier 2 Damage or failure, the entire Item shall only be covered under Tier 2 of this Plan.
- Unified Benefit Level: Once Tier 2 coverage applies to an Item under a Claim, all benefits for that Item—including any Damage that might otherwise fall under Tier 1—shall default to Tier 2 coverage and terms. This includes Tier 2’s requirement to pay a Co-Pay to initiate service and, in the event of replacement, a limit of a Replacement credit to 50% of the Retail price paid for the Item.
- Intent of Provision: The provisions of this section are intended to prevent reclassification of Tier 2 coverage to Tier 1, resulting in the avoidance or circumvention of Tier 2’s Co-Pay requirements and lesser Replacement benefits.
- Additional Exclusions: Other exclusions apply; see the Plan Exclusions section for more details.
TIER 1 – Accidental Single Incident
NO CO-PAY - 100% FULL REPLACEMENT CREDIT – 60 DAYS TO REPORT DAMAGE FROM OCCURRENCE
Tier 1 provides Coverage for Claims arising from isolated accidental events causing Damage or failure. Tier 1 Coverage is subject to the terms of the No Aggregation Provision and defaults to Tier 2 Coverage when Claims include both Tier 1 and Tier 2 Damage or failure.
| (A) Upholstered Fabric, Microfiber, Vinyl, Bi-Cast, Leather & Top Grain Leather | |
|---|---|
| Most Household, Beverage, Food, Ball Point Ink 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, Claws, Beaks, Zippers, Decking & 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, Lightning & 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 60 Days | |
| Scratches, Dents, Chips Through the Finish Exposing the Underlayer: See Tier 2 for Minor Scratches & Wear & Tear | |
| Glass and Mirror Breakage, Chipping, Cracks, 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 percentage 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. Replacement Credits 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 – Accidental, Pet & Damage Over Time with Co-Pay
$99 CO-PAY - 50% FULL REPLACEMENT CREDIT – 60 DAYS TO REPORT DAMAGE FROM OCCURRENCE
Tier 2 covers a broader range of Damage typically excluded from standard plans. A $99 Co-Pay is required before any service or Coverage is provided. If the Co-Pay is not paid within fifteen (15) days of filing Your Claim, the Claim will be canceled.
Tier 2 cannot be purchased separately. You may request a Co-Pay refund within thirty (30) days of filing Your Claim. Upon refund request, all services and Your Claim will be canceled. Refunds will be issued within ninety (90) days, less a 10% processing fee and any costs for diagnostics, parts, repairs, or replacements already provided.
To request a refund, email claims@raptns.com or call 1-855-513-5435. The “Additional Terms & Conditions” described in this Plan apply to Tier 2 Coverage.
| COVERAGE | COVERAGE: See 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 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, recurring stains, or those caused by individuals in Your care; see Plan Exclusions that apply.) |
| Chair/Table Legs, Rungs, Joints, and Bed Slats | Covers breakage or loosening of chair and table legs, joints and rungs, and bed slat breakage. Recurring Damage is not covered. |
| Odors | Covers odors resulting from covered Damage, including Pet odors. Recurring odors, or those caused by excluded Damage (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, and fabric delamination or pilling. Includes peeling and flaking of paint on leather and vinyl surfaces that cause color loss. Excludes color loss due to fading. See Notes and Plan Exclusions for Coverage Limitations and Exclusions. |
| 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. 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. Recurring Damage is not covered. Other restrictions and exclusions may apply. See Plan Exclusions. |
| Surge Damage to Electrical Components | Covers Damage to manufacturer-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. If the conditions that gave rise to a Claim existed for more than three (3) months or affect more than 50% of the surface area of the Item, this coverage is void. Recurring Damage is not covered. |
| 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. 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 replacement parts and hardware are not guaranteed. Void if intentionally caused. |
| Sagging of Seating or Backrest Cushions (excludes decorative cushions, feel, resiliency or comfort) | Covers manufacturer-supplied seating or backrest cushions sagging by more than three (3) inches from their original design, as determined at Our sole discretion. Excludes upholstery fabric covering the cushions or backs. Matching cushions or materials on unaffected seats and backs will not be serviced or replaced. Support feel or comfort of repaired or replaced cushions (foam, batting, and related materials) is not guaranteed. Coverage is void if cushions are not maintained according to the manufacturer’s instructions. Other exclusions apply. Note: “Sagging” refers to how a cushion looks; resiliency refers to how a cushion feels. |
| Seam Separation & Loose Threads | Covers seams coming open or separating, threads coming loose, or splits around zippers. Includes upholstered surfaces, decking, and 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 percentage 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. Replacement Credits 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 excluded Damage. Determination of whether an exclusion applies is at Our sole and absolute discretion.
| Exclusion Category | Description |
|---|---|
| A | Anything not specifically described in the Tier 1 or Tier 2 Coverage sections of this Plan. |
| B | Any failure, loss, injury, or Damage that is not reported within the required timeframe or in accordance with the terms of this Plan is excluded. |
| C | 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 | Second-hand, pre-owned, or refurbished Items, or Items sold without a warranty from a Retailer, distributor, or manufacturer. |
| E | This Plan does not apply to Damages or failures already covered by another warranty or guarantee. |
| F | Any failure, loss, injury, or Damage caused by wear and tear, unsupervised minors, intentional acts, or recurring (habitual) Damage (except to the limited extent described in Tier 1 or Tier 2 Coverage). |
| G | Any failure, loss, injury, or Damage caused by fire, theft, lost or 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 | Any failure, loss, injury, or Damage arising from commercial or institutional use, including in-home daycare or supervised care, or for-profit, dormitory, timeshare, rental, or not-for-profit institutional environments. |
| I | Damage caused by mold, mildew, fungus, rust, corrosion, pests, or infestation. |
| J | Placement of Items on balconies, patios, or any non-enclosed, non-temperature-controlled space; exposure to extreme heat or cold; misuse; or neglect. |
| K | Inadequate or excessive maintenance, use of cleaning methods or materials not recommended by the manufacturer, failure to perform reasonable cleaning or maintenance, or Damage caused during packaging or transport of Items. |
| L | 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 | We do not guarantee the matching of colors, dyes, patterns, textures, or exact replacement of lost, damaged, or non-repairable Items. |
| N | This Plan does not cover components such as lights or batteries unless specifically identified as covered in Tier 1 or Tier 2 Coverage sections. |
| O | Any Damage, loss, or failure resulting from the installation, hookup, or removal of the Item(s). |
| P | Loss of support, comfort, or feel in foam cores, stuffing, or other cushion materials. “Sagging” is a visual deflection and is different from resiliency. |
| Q | Any Damage, loss, or failure caused by or resulting from transit, delivery, redelivery, or moving 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. |
INDIRECT & CONSEQUENTIAL LOSSES
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 the voiding of 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, or by scanning this QR Code:
- 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 (e) 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 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 Retailer. 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 operated by the Retailer who sold You this Plan. If that Retailer is closed, out of business, or You have relocated outside of the Retailer’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 Items that are not damaged and 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 You rent or lease Qualifying Items covered by this Plan, see the LTO Transaction Notice included in this Plan.
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 Items shown on the original Sales Receipt that are covered by this Plan and 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. Failure to maintain Items according to the manufacturer’s or Retailer’s use and care instructions may void Coverage under this Plan.
Coverage under this Plan DOES NOT include matching pieces of sets, even if those matching Item(s) are covered by this Plan.
CO-PAY & DEDUCTIBLE
If this Plan includes Tier 1 and Tier 2 Coverage, Tier 1 Coverage does not require a Co-Pay or Deductible to access Coverage under this Plan. Tier 2 Coverage DOES require a Co-Pay to access Coverage and limits Replacement Credits. See Tier 1 and Tier 2 Coverage above 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 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 QUALIFYING ITEM COVERED UNDER THIS PLAN, OR ANY TRANSACTION, ACTION, OR OBLIGATION ARISING OR ACCRUING TO ANY PARTY UNDER ANY LTO TRANSACTION.
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 ARISES 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 1‐888‐292‐9267. 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. 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 Claim losses that We have incurred. Any refund due under this section shall be the responsibility of the entity 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. Any refund due under this section shall be the responsibility of the entity that sold You this Plan.
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 are insured under a contract liability reimbursement insurance policy. If We fail to pay any Claim, provide service, or replace the Item(s) in accordance with the terms of this Plan within ninety (90) days after We have settled a Claim, You are entitled to make a direct claim against the insurer, Universal Underwriters Insurance Company, by calling 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 notify Us in writing at 1625 South Congress Avenue, Suite 315, Delray Beach, FL 33445, Attn: Claims Department, or call 1‐888‐296‐9267, 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:
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