TERMS OF SERVICE AGREEMENT

A. COVERAGE

1. The term Your Agreement is in effect, Your Agreement Fee, Your Service Fee, and Your systems covered under this Agreement, are set forth in Your Coverage Details.
2. All systems (a) must become inoperative due to normal wear and tear, and (b) must be in proper working order on the effective date of this Agreement. Known or unknown pre-existing conditions are not covered.
3. Coverage starts 30 days after receipt of the Agreement Fee. Your coverage may begin before 30 days if we receive proof of prior coverage showing no lapse, through another carrier.

B. SERVICE REQUESTS

1. You must request service as soon as the malfunction is discovered and prior to the expiration of Your Agreement term.
2. Upon request for service, We will begin contacting Service Provider(s) within 4 hours. You will receive the name, phone number, and appointment date and time upon acceptance of the request by a Service Provider. In some circumstances, it could take more than 48 hours for a Service Provider to accept the request.
3. We will not reimburse for services performed without prior approval.
4. You will pay a Service Fee for each Covered Item service request You submit to Us.
5. If work performed under this Agreement should fail within 30 days, We will correct the failure without a Service Fee.
6. We have the sole right to select the Service Provider.

C. UTILITY LINE PACKAGE COVERAGE

1. UTILITY LINE PACKAGE:

Utility Line package includes external water line, external sewer and septic repair, outside power/electrical line, outside gas line, and grinder pump system coverage. Our maximum liability is $5,000 per 12-month period for each Covered Item for access, diagnosis, and repair or Replacement.

D. LIMITATIONS OF LIABILITY

1. We are not liable for damages necessary to gain access to the repair area or for the removal of debris or obstacles.
2. We reserve the right to offer cash or cash equivalent in lieu of repair or Replacement in the amount of Our available wholesale cost, which is less than retail, to repair or Replace any Covered Item. Cash or cash equivalent offered in lieu of repair or Replacement does not include the cost of shipping, tax, or installation. When cash or cash equivalent is issued to Replace a Covered Item, You may not make subsequent claims on such Covered Item for 12 months from the date of issue.
3. We reserve the right to obtain a second opinion at Our expense.
4. This Agreement does not cover routine maintenance or malfunction due to misuse, abuse, neglect, or physical damage.
5. We are not responsible for upgrades, modifications, components, parts, or equipment required to complete a repair or Replacement of a Covered Item due to incompatibility with existing equipment, including but not limited to, differences in technology, chemical requirements. We will disclose the cost of such non-covered charges, in aggregate, but not itemize such charges.
6. We are not responsible for any repair, Replacement, installation, or modification of: 1) any Covered Item arising from a manufacturer's recall or defect of said Covered Items; 2) any Covered Item while still under an existing manufacturer's or distributor's warranty; 3) any Covered Item lacking a visible model or serial number; or 4) poor design or incorrect installation of Your lines.
7. We are not responsible for service to meet current building or zoning code requirements or to correct for code violations including when the Replacement of a Covered Item is necessary.
8. We are not responsible for the cost of obtaining permits.
9. You agree that We are not liable for the negligence or other conduct of the Service Provider, nor are We an insurer of Service Provider's performance. You also agree that We are not liable for damages caused by the Service Provider, including, but not limited to, consequential, incidental, indirect, secondary, or punitive damages. You expressly waive the right to all such damages.
10. We are not liable for any failure to obtain timely service or delays in obtaining parts, equipment, or for delays due to conditions beyond Our control, including, but not limited to, labor difficulties, strikes, riots, pandemic, war, acts of war, fire, floods, embargoes, insurrections, or acts of god.
11. You hereby waive all rights to claim attorneys' fees, indirect, punitive, incidental, consequential, and/or multiplied or otherwise increased damages, and any other damages, other than for actual out-of-pocket expenses.
12. Coverage is not for commercial property or residences used as businesses, or for the repair or Replacement of Commercial Grade Equipment.
13. If coverage is denied, and You seek to have Us review that denial, We have the right to request routine maintenance records and/or home inspection reports in reviewing Our decision.
14. We are not liable for a line that has had roots removed prior to the Start Date of Your initial coverage term, or any roots present in your lines before or within 180 days of Your coverage start date, will make the line ineligible for coverage.
15. We are not responsible for meters and respective equipment nor the relocation of any meters.
16. We are not liable for any repairs or Replacements of lines that have failed an inspection or test when no operational failure has occurred.
17. We are not responsible for moving any section of Your line, unless necessary to complete a covered repair.
18. We are not responsible for upgrading non-leaking or free-flowing portions of Your lines to meet code requirements; and repairs required by local, state, or federal agency inspections unless covered in this Agreement.
19. We are not responsible for repairing damages due to You or third parties. We are not reliable for service to unoccupied homes under renovation or construction. Damage from natural disasters like earthquakes or floods are ineligible for coverage.
20. We are not responsible for all lines branching off main lines, including but not limited to, a third party's lines attached to Your line, shared lines, lines that branch off the main line, common waste branch lines.
21. We are not liable for remediation or cleaning of hazardous substances.
22. Failures caused by freezing of lines including but not limited to, thawing frozen sections of Your lines are not eligible for coverage.
23. We are not liable for repairing or replacing parts of Your home or its contents damaged by leaks or blockages or backups of any kind from Your lines. Any costs or damages caused by leaks or blockages in Your lines, including but not limited to, cleaning, lost power, lost water, relocation, storage, temporary housing, lost time, or home use are ineligible for coverage.
24. We are not responsible for repairing pipes inside Your home beyond the main shut-off valve.
25. We are not liable for repairing, replacing, or installing any extensions, connections, or devices to Your lines, such as but not limited to, pressure switches, meter vaults, storage or pressure tanks, or appliance connectors located either inside or outside Your home.
26. Lines not located on your property or not in your zone of responsibility are not eligible for coverage.
27. We are not liable for lines that run through or under a body of water, including but not limited to a swimming pool, pond or lake; lines that run under, the dwelling or other structure.
28. We are not responsible for lines that are not connected and ready for use.
29. We are not liable for service to trunk lines linked to Your lines.
30. Flow limitations in Your lines, due to corrosion or chemical deposits.
31. We are not liable for failures caused by insurable events.

E. MULTIPLE UNITS AND INVESTMENT PROPERTIES

1. No coverage is allowed Common Systems for multiple unit dwellings, unless applicable coverage for that apply to Common Systems of multiple unit dwellings is purchased.
2. Except as otherwise provided in this Section E, Common Systems are excluded.

F. TRANSFER OF AGREEMENT & RENEWALS

1. You may transfer this Agreement at any time. There is no fee to transfer the Agreement.
2. Unless You cancel this Agreement, You will automatically be renewed to a Monthly Plan at the end of Your Agreement term at your current coverage level. For Fixed Term Plans, We will notify you, in writing, at least 30 days (or such other time period required by law) prior to the end of your Agreement term with the rate and terms for the automatic renewal.
3. For Monthly Plans, you will be automatically renewed each month at Your current coverage level and at your current rate. We will notify You, in writing, at least 30 days (or such other time required by law) prior to any change in rate or terms of Your Monthly Plan.

G. CANCELLATION (SEE SECTION K FOR STATE SPECIFIC DETAILS)

1. This Agreement may be cancelled by Us for:
   1. nonpayment of Agreement Fee by You;
   2. nonpayment of Service Fee by You;
   3. fraud or misrepresentation by You of facts material to the issuance of this Agreement; or
   4. mutual agreement of Us and You.

   If We cancel this Agreement, We will pay You a pro rata refund of the Agreement Fee paid for the unexpired term at the end of the month of which You cancelled less any Service Costs incurred by Us (unless prohibited by law).

2. You may cancel this Agreement at any time for any reason.
   1. If You cancel within the first 30 days of the Order Date, We will refund the paid Agreement Fee less any Service Costs incurred by Us (unless prohibited by law).
   2. If You cancel at any time after the first 30 days from the Order Date, We will pay You a pro rata refund of Your paid Agreement Fee for the unexpired term at the end of the month of which You cancelled less any Service Costs incurred by Us (unless prohibited by law). If Our Service Costs are greater than the prorated refund, You shall pay Us the lesser of the difference between (A) Our Service Costs; or (B) any unpaid Agreement Fees or unpaid Annual Monthly Agreement Fees.
   3. In addition, You shall be responsible for an administrative fee of the lesser of $50, or such amount as is permitted by law.
3. To cancel Your Coverage, contact us at 1-800-496-7913 or visit https://my.relywarranty.com/accountservices.

H. RESOLUTION OF DISPUTES (SEE SECTION K FOR STATE SPECIFIC DETAILS)

1. BINDING ARBITRATION:

Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise, arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association ("AAA"), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time of the filing. Arbitration will be documents only/desk arbitration. Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator's decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.). Neither party shall sue the other party in any court other than as provided herein for enforcement of this clause or of the arbitrator's award; any such suit may be brought only in Federal District Court, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled "Class Action Waiver." THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED THROUGH ARBITRATION.

2. CLASS ACTION WAIVER:

Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise, arising out of or relating to this Agreement or the relationships among the parties hereto must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

3. SMALL CLAIMS COURT EXCEPTION:

This Section H constitutes an agreement to arbitrate disputes on an individual basis. However, any party may bring an individual action in small claims court instead of arbitration, so long as the dispute falls within the jurisdictional requirements of small claims court.

4. Multiple Agreements:

In the event that You have multiple Agreements with Us, You must file 1 arbitration per Agreement. You hereby waive any right to bring 1 arbitration that covers multiple Agreements.

I. SEVERABILITY

If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.

J. PARTIES AND DEFINITIONS

"We", "Us" and "Our", throughout this Agreement, refer to American Global Obligors, Inc., 90 Washington Valley Road, Bedminster, NJ 07102, the Obligor of this Agreement, except in Alabama, Arizona, Arkansas, California, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, Oklahoma, South Carolina, Texas, Utah, Vermont, Virginia, Washington, D.C., Wisconsin, and Wyoming. In Alabama, the company obligated under this Agreement is Home Warranty Administrator of Alabama, Inc. (HWA-AL). In Arizona, the company obligated under this Agreement is Home Warranty Administrator of Arizona, Inc. (HWA-AZ). In Arkansas, the company obligated under this Agreement is Home Warranty Administrator of Arkansas, Inc. (HWA-AR). In California, the company obligated under this Agreement is Home Service Club of California (HSC-CA). In the District of Columbia, the company obligated under this Agreement is Home Warranty Administrator of DC, Inc. (HWA-DC). In Florida, the company obligated under this Agreement is Home Warranty Administrator of Florida, Inc. (HWA-FL). In Georgia, the company obligated under this Agreement is Home Service Club Warranty Corp. (HSC). In Hawaii, the company obligated under this Agreement is Home Warranty Administrator of Hawaii, Inc. (HWA-HI). In Illinois, the company obligated under this Agreement is Home Warranty Administrator of Illinois, Inc. (HWA-IL). In Iowa, the Company obligated under this Agreement is Home Warranty Administrator of Iowa, Inc. (HWA-IA). In Kentucky, the company obligated under this Agreement is Home Warranty Administrator of Kentucky, Inc (d/b/a/ HWA). In Louisiana, the company obligated under this Agreement is DMM Results of LA, Inc. (DMM-LA). In Massachusetts, the company obligated under this Agreement is Home Warranty Administrator of Massachusetts, Inc. (HWA-MA). In Minnesota, the company obligated under this Agreement is Home Warranty Administrator of Minnesota, Inc. (HWA-MN). In Nevada, the company obligated under this Agreement is Home Warranty Administrator of Nevada, Inc. (HWA-NV). In New Hampshire, the company obligated under this Agreement is Home Warranty Administrator of New Hampshire, Inc. (HWA-NH). In New Mexico, the company obligated under this Agreement is Home Warranty Administrator of New Mexico, Inc. (HWA-NM). In New York, the company obligated under this Agreement is Home Service Club Warranty Corp. (HSC). In Oklahoma, the company obligated under this Agreement is Home Warranty Administrator of Oklahoma, Inc. (HWA-OK). In South Carolina, the company obligated under this Agreement is Home Warranty Administrator of South Carolina, Inc. (HWA-SC). In Texas, the company obligated under this Agreement is HWAT, Inc., dba Home Warranty Administrators (HWA-TX). In Utah, the company obligated under this Agreement is Home Warranty Administrator of Utah, Inc. dba Choice Home Warranty (HWA-UT). In Vermont, the company obligated under this Agreement is Home Warranty Administrator of Vermont, Inc. (HWA-VT). In Virginia, the company obligated under this Agreement is HWA of VA, Inc. (HWA-VA). In Washington, the company obligated under this Agreement is Home Service Club of Washington, Inc. (HSC-WA). In Wisconsin, the company obligated under this Agreement is Home Warranty Administrator of Wisconsin, Inc. (HWA-WI). In Wyoming, the company obligated under this Agreement is Home Warranty Administrator of Wyoming, Inc. (HWA-WY). HWA, HWA-AL, HWA-AZ, HWA-AR, HWA-FL, HWA-HI, HWA-IL, HWA-IA, HWA-MA, HWA-MN, HWA-NH, HWA-NV, HWA-NM, HWA-OK, HWA-SC, HWA-TX, HWA-UT, HWA-VA, HWA-VT, HWA-DC, HWA-WI, and HWA-WY are located at 90 Washington Valley Road, Bedminster, NJ 07921. DMM-LA is located at 1 Gateway Center, Ste. 2600, Newark, NJ 07102. HSC-CA is located at 8910 University Center Lane, Suite 400 San Diego CA 92122. HSC and HSC-WA are located at 305 Broadway, 7th Floor, New York, NY 10007. Except in California, Warranty Administration Services, Inc., 90 Washington Valley Road, Bedminster, NJ 07921 (WASI) is the administrator of this Agreement. Our obligations under this Agreement are backed by the full faith and credit of the Obligor.

"Agreement" refers to this Home Warranty Terms of Service Agreement.

"Agreement Fee" refers to the amount listed as Your "Rate" on Your Coverage Details and the amount You paid for this Agreement.

"Annual Monthly Agreement Fee" refers to the Agreement Fee for each respective 12-month period beginning on the Order Date or Your coverage effective date (whichever is later).

"Common Systems" refers to systems that are utilized by multiple apartments, multiple units, multiple units of townhomes, multiple single-family homes or multi-family homes.

"Commercial Grade Equipment" refers to systems not intended for residential sale or residential use.

"Coverage Details" refers to the page preceding Your Agreement that is headed "Coverage Details" at the top of the page and lists Your name, contract number, covered property address, Agreement Fee, and Service Fee.

"Covered Item" refers to each lettered item listed in Sections C. Some Covered Items require payment of additional fees. See Your Coverage Details for a list of Covered Items included in Your policy.

"Fixed-Term Plan" refers to a plan with a fixed term of 1 year or greater.

"Monthly Plan" refers to a plan with a monthly recurring term of coverage.

"Order Date" refers to the date that You submitted Your Agreement Fee for processing by Us.

"Replace" or "Replacement" of a Covered Item means for We are responsible only for replacement equipment of similar features, capacity, and efficiency, but not for matching dimensions, brand, or color. For all other Covered Items, We will replace with builder's standard grade equipment that is the basic option that typically comes in standard sizes, colors, and standard configurations designed to fit most homes. We shall not be responsible for costs of equipment or labor in excess of builder's standard grade equipment.

"Restoration" means We will restore areas affected by the covered repair. Restoration includes the following: filling, raking, and reseeding of grass, reinstallation of existing soft landscaping and shrubbery, traffic control costs, and patching of paved surfaces. Our maximum liability is $1,000 per 12-month period for all Covered Restoration.

"Service Costs" refer to any costs incurred by Us for access, diagnosis, repair and/or Replacement during the term of Your Fixed-Term Plan or, in the case of Monthly Plans, each respective 12 month period beginning on the Order Date or Your coverage effective date (whichever is later).

"Service Fee" refers to the amount You will have to pay to a Service Provider when You make a request for service.

"Service Provider" refers to a qualified service contractor within Our network that complete work under this Agreement. Service Providers are third parties not employees of Ours.

"You or "Your" refers to the Agreement holder(s).

K. MISCELLANEOUS STATE PROVISIONS

1. Cancellation

   1. Alabama, Arkansas, Hawaii, Massachusetts, Minnesota, New Mexico, Virginia, Wisconsin and Wyoming residents: In addition to Your cancellation rights listed above, You may cancel this Agreement within 20 days (30 days for Hawaii Residents) of the date this Agreement was mailed to You or within 10 days (20 days for Hawaii Residents) of delivery if this Agreement is delivered to You at the time of sale or within a longer time period permitted under this Agreement and, if You have not received any service, You are entitled to a full refund of the amount paid by You under this Agreement. A 10% penalty per month must be added to a refund that is not paid or credited to You within 45 days (30 days for Iowa Residents, 60 days for New Mexico Residents) after the cancellation of this Agreement.
   2. Alabama Residents: If You cancel this Agreement after the refund period described in Section K(1)(a), We may retain an administrative fee of up to $25 for issuance of this Agreement.
   3. Arizona Residents: The administrative fee permitted under Section G(2)(c) will not exceed the lesser of $75 or 10% of the gross amount which You paid for this Agreement. The second sentence of Section G(2)(b) is deleted.
   4. Georgia Residents: You may cancel this Agreement within 20 days of the date this Agreement was mailed to You or within 10 days of delivery if this Agreement is delivered to You at the time of sale or within a longer time period permitted under this Agreement, and You are entitled to a full refund of the amount paid by You under this Agreement less any claims paid. A 10% penalty per month will be added to a refund that is not paid or credited to You within 45 days after the cancellation of this Agreement. We may cancel this Agreement only for fraud, material misrepresentation, or failure to pay. If We cancel this Agreement, You will be provided 30 days written notice regardless of the reason for cancellation; and We will refund 100% of the unearned pro rata purchase price, less any claims paid. After the free look period specified in this paragraph above, You may cancel this Agreement at any time upon demand and surrender of the Agreement, in which case We will refund 100% of the unearned pro rata purchase price, less any claims paid. The cancellation fee specified under paragraph (G)(2)(c) will be the lesser of $50 or 10% of the unearned pro rata purchase price.
   5. Hawaii Residents: Your right to cancel this Agreement and receive a full refund under Section H(2)(a) is not transferable and applies only to the original Agreement purchaser.
   6. Iowa Residents: The administrative fee permitted under Section G(2)(iii) will not exceed 10% of the gross amount which You paid for this Agreement. In the event of mutual agreement of cancellation under Section G(1)(d), We shall mail a written notice of termination to You at least fifteen days before the date of the termination.
   7. Nevada Residents: If no claim has been made under this Agreement, You have the right to return this Agreement within 20 days of the date this Agreement was mailed to You, within 10 days of delivery if this Agreement was delivered to You at the time of sale, or within a longer period specified in this Agreement. In such a case, this Agreement will be void and We will refund to You the full amount of the purchase price of this Agreement. This right to void this Agreement is not transferable and applies only to the original Agreement purchaser. A 10% penalty per month will be added to a refund that is not made within 45 days of return of this Agreement to Us. If You cancel at any time after this free-look period, We will pay You a pro rata refund of Your paid Agreement Fee for the unexpired term at the end of the month of which You cancelled less any Service Costs incurred by Us. If Our Service Costs are greater than the prorated refund, You shall pay Us the lesser of the difference between (A) Our Service Costs; or (B) any unpaid Agreement Fees or unpaid Annual Monthly Agreement Fees. In addition, You shall be responsible for a cancellation fee of the lesser of $25, or such amount as is permitted by law.

      We will not cancel this Agreement, if it has been in effect for at least 70 days, before the expiration of the term or 1 year after the effective date of this Agreement, whichever occurs first except for: (a) failure to pay by You any amount under this Agreement when due; (b) Your conviction of a crime which results in an increase in the service required under this Agreement; (c) discovery of fraud or material misrepresentation by You in obtaining this Agreement, or in presenting a claim under this Agreement; or, (d) Your act or omission, or Your violation of any condition of this Agreement, the discovery of which occurs after the effective date of this Agreement and which substantially and materially increases the service required under this Agreement. Cancellation of this Agreement as permitted hereunder is effective 15 days after We mail the cancellation notice to You. We will not cancel this Agreement, if it has been in effect for at least 70 days, before the expiration of the term or 1 year after the effective date of this Agreement, whichever occurs first except also for a material change in the nature or extent of the required service or repair which occurs after the effective date of this Agreement and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that this Agreement was issued or sold. In the event of cancellation, You will be provided a pro rata refund less any outstanding balance on Your account. We will not charge an administrative fee or a cancellation fee, or any other type of fee, for cancellation of this Agreement.

   8. Oklahoma Residents: In the event You cancel this Agreement, return of the Agreement Fee will be based upon 90% of the unearned pro rata Agreement Fee less the actual cost of any service provided under this Agreement. In the event We cancel this Agreement, return of Agreement Fee will be based upon 100% of unearned pro rata Agreement Fee less the actual cost of any service provided under this Agreement.
   9. South Carolina Residents: If We do not provide a refund within 45 days of cancellation a 10% penalty per month shall be added to the refund.
   10. Utah Residents: We may cancel this Agreement at any time for any reason, if this Agreement has not been previously renewed, and if this Agreement has been in effect less than 60 days when the written notice of cancellation is mailed or delivered. After this Agreement has been in force for 60 days, this Agreement may be cancelled by Us for the following reasons: (i) nonpayment of premium when due; (ii) mutual agreement of Us and You; (iii) material misrepresentation; (iv) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into this Agreement; or (v) substantial breaches of Agreement duties, conditions, or warranties. Cancellation for these reasons, except cancellation for nonpayment of premium, is effective no sooner than 30 days after the delivery or first-class mailing of a written notice to You. Cancellation for nonpayment of premium is effective no sooner than 10 days after delivery or first class mailing of a written notice to You. If We cancel this Agreement within the first 30 days of the Agreement effective date You will NOT be charged an administrative fee, and You shall be entitled to a refund of the paid premium less any Service Costs that were incurred by Us. If We cancel this Agreement after the 30th day from Agreement effective date, You shall be entitled to a pro rata refund of the paid premium for the unexpired term, less: (y) an administrative fee of up to $50 (where permitted by law); and (z) any Service Costs that were incurred by Us.
   11. Vermont Residents: In addition to Your cancellation rights listed above, You may cancel this Agreement within 20 days of receipt of this Agreement and have not received any service, for a full refund of the amount paid by You under this Agreement.
   12. Virginia Residents: In addition to Our cancellation rights listed above, We may cancel this Agreement if this Agreement were to provide coverage before the time the residential property is purchased, should the purchase of the property not occur.
   13. Wisconsin Residents: Your right to cancel this Agreement and receive a full refund under Section G(2)(a) as modified by Section K(1)(a) is not transferable and applies only to the original Agreement purchaser. The administrative fee permitted under Section G(2)(iii) will not exceed 10% of the gross amount which You paid for this Agreement. In the event of a total loss of property covered by this Agreement that is not covered by a replacement of the property pursuant to the terms of this Agreement, You shall be entitled to cancel this Agreement and receive a pro rata refund of any unearned Agreement Fee, less any Service Costs. This Agreement shall be non-cancelable by Us except for nonpayment of the Agreement Fee, material misrepresentation by You to Us or the administrator, or substantial breach of duties by You relating to the Covered Item or its use. If this Agreement is canceled by Us, We will mail a written notice to You at Your last-known address contained in Our records at least 5 days prior to cancellation by Us. Our cancellation notice will state the effective date of the cancellation and the reason for the cancellation.
   14. Wyoming Residents: Your right to cancel this Agreement and receive a full refund under Section G(2)(a) is not transferable and applies only to the original Agreement purchaser. If this Agreement is canceled by Us, We will mail a written notice to You at the last known address at least 10 days prior to cancellation by Us. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, material misrepresentation, or substantial breach of duties by You.

2. Arbitration and Dispute Resolution

   1. Alabama Residents: Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise ("Claim"), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by 1 arbitrator through binding arbitration administered by the American Arbitration Association ("AAA") in the state of Alabama, under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed ("AAA Rules"). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator's decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator's award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to Section H(3) of this Agreement. This Agreement will be governed by and construed in accordance with the laws of the State of Alabama.
   2. Arizona Residents: Arbitration under Section H of this Agreement will not be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. § 20-1095.09, Unfair trade Practices as outlined by the Arizona Department of Insurance and Financial Institutions. To learn more about this process, You may contact the Department at 100 N. 15th Ave., Suite 261, Phoenix, AZ 85007-2630, Attn: Consumer Protection. You may directly file any complaint with the Department against a service company issuing an approved service agreement under the provisions of A.R.S. §§ 20-1095.04 and/or 20-1095.09 by contacting the Consumer Protection Division of the Department at 602-364-2499.
   3. Georgia Residents: This Agreement will be governed by and construed in accordance with the laws of the State of Georgia. Arbitration under Section H(2) of this Agreement shall be nonbinding.
   4. Oklahoma Residents: This Agreement will be governed by and construed in accordance with the laws of the State of Oklahoma.
   5. Texas Residents: NOTICE: YOU THE BUYER HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS AGREEMENT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL'S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY OR THE ATTORNEY OF YOUR CHOICE.
   6. Utah Residents: ANY MATTER IN DISPUTE BETWEEN YOU AND US MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, A COPY OF WHICH IS AVAILABLE ON REQUEST FROM US. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND US. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY'S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH.
   7. Wisconsin Residents: Unless You decide to file a claim solely in Your individual capacity in Wisconsin small claims court and notify Us in advance of Your decision to do so, any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise ("Claim"), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by 1 arbitrator through binding arbitration administered by the American Arbitration Association ("AAA"), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed ("AAA Rules"). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. You may elect to have any arbitration under this Agreement held in the state of Wisconsin or within the jurisdiction in which the covered property is located. The arbitrator's decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator's award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to Section H(3) of this Agreement.
   8. Wyoming Residents: At the time of any dispute, the parties hereto may agree to resolve their difference by arbitration in a separate written agreement. This Agreement will be governed by and construed in accordance with the laws of the State of Wyoming, any legal proceedings under this Agreement will be held in the State of Wyoming.

3. Other Miscellaneous State Provisions

   1. Arizona Residents: This Agreement does not cover known or unknown pre-existing conditions unless such pre-existing conditions were known or should reasonably have been known by Us or a person selling this Agreement on Our behalf.
   2. Georgia Residents: This Agreement is bonded by Travelers Casualty and Surety Company of America, One Tower Square, S202A, Hartford, CT 06183 (the "insurer"). You are entitled to make a direct claim against the insurer in the event We fail to pay any claim within 60 days after the claim has been filed with Us. The last sentence of Section A(2)(b) is deleted and replaced by the following: Pre-existing conditions that are known or could have been detected by a routine home inspection or simple mechanical test are not covered.
   3. Iowa Residents: Our obligations under this Agreement are backed by the full faith and credit of the Obligor and are not guaranteed under a reimbursement insurance policy. The issuer of this Agreement is subject to regulation by the Insurance Division of the Department of Commerce of the state of Iowa. Complaints which are not settled by the issuer may be sent to the Insurance Division. The address of the Division is 1963 Bell Avenue, Suite 100, Des Moines, IA 50315-1000; and the Division's telephone number is (515) 654-6600. To file a claim call 1-888-531-5403 or visit Your customer portal at https://my.lineguardsolutions.com/login/. If we are unable to locate a technician within a reasonable amount of time, We may offer and You may request permission to use Your own technician. The request must be approved and Your technician must submit a detailed diagnosis for a coverage evaluation by Us.
   4. Kentucky Residents: We maintain a performance bond issued by Platte River Insurance Company, P.O. Box 5900, Madison, WI 53705-0900 (the "Insurer"). You are entitled to make a direct claim against the Insurer in the event We fail to pay any claim within sixty (60) days after the claim has been filed with Us.
   5. Nevada Residents: Weekend, holiday and evening service will be performed only in the event of a failure or malfunction of a Covered Item, for which repair is prescribed under this Agreement, which is essential to Your health and safety ("Emergency Repair"). An event will qualify for Emergency Repair if the emergency involves the loss of heating or cooling, loss of plumbing or substantial loss of electrical service and the emergency renders the dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling. Repairs will commence within 24 hours after the report of the claim and will be completed as soon as reasonably practicable thereafter; and, if We determine that an Emergency Repair cannot practicably be completed within 3 calendar days after the report of the claim, We will provide a status report to You and the Nevada Commissioner of Insurance. If You are not satisfied with the manner in which We are handling Your claim under this Agreement, You may contact the Nevada Division of Insurance toll-free at (888) 872-3234.
   6. New Hampshire Residents: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301 or by calling (603) 271-2261.
   7. Oklahoma Residents: We are licensed as a home service contract provider in Oklahoma under License No. 512409500. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association. In the event that this Agreement is a Monthly Plan, this Agreement will not expire while a Covered Item is being repaired for a covered service. You must notify Us of a request for service to be performed under this Agreement as soon as the problem is discovered. We will accept requests for service 24 hours a day, 7 days a week, 365 days a year. For prior approval for services to be performed under this Agreement, please contact Us toll-free at 1-888-531-5403. In order for the request for service to be covered, notice must be given to Us prior to expiration of this Agreement. Under normal circumstances, We will dispatch requests for services to a Service Provider within 48 hours. If You request non-emergency service outside of Service Providers' normal business hours (i.e. usually 8 AM - 5 PM in Your time zone, M-F, subject to change), You will be responsible for any additional fees or overtime charges. We will determine what repairs constitute an emergency and will make reasonable efforts to expedite emergency service (generally breakdowns to Covered Items that are essential to health and safety and would pose a substantial risk to loss of life or peril, such as breakdowns of heating, cooling, plumbing or substantial electrical service that renders the dwelling otherwise uninhabitable). We have the sole and absolute right to select the Service Provider to perform the service. We will not reimburse for any services performed without Our prior approval.
   8. Texas Residents: This Agreement is issued by a Residential Service Company licensed by the Texas Department of Licensing & Regulation. Complaints about this Agreement or company may be directed to the Texas Department of Licensing & Regulation at PO Box 12157, Austin, TX 78711, (512) 936-3049. NOTICE: THIS COMPANY PAYS PERSONS NOT EMPLOYED BY THE COMPANY FOR THE SALE, ADVERTISING, INSPECTION, OR PROCESING OF A RESIDENTIAL SERVICE AGREEMENT UNDER TEXAS OCCUPATIONS CODE § 1303.304.
   9. Utah Residents: This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guaranty Association. For prior approval for services to be performed under this Agreement, please contact Us toll-free at 1-888-531-5403. We also may be contacted by email at [email protected]. Weekend, holiday and evening service will be performed only in the event of a failure or malfunction of a Covered Item, for which repair is prescribed under this Agreement, which is essential to Your health and safety ("Emergency Repair"). An event will qualify for Emergency Repair if the emergency involves the loss of heating or cooling, loss of plumbing or substantial loss of electrical service and the emergency renders the dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling. In the case of an Emergency Repair, You will not be required to obtain Our prior authorization for service. Only in the case of an Emergency Repair, You may directly contact a qualified and insured Service Provider to obtain service in the event of failure or malfunction of a Covered Item, for which repair is prescribed under this Agreement. Upon completion of the service, the Service Provider must provide You an itemized invoice for the charges. You should try to find a Service Contractor who will charge a fair and reasonable cost for parts and labor as You will be responsible for paying the Service Provider directly for the services rendered, including the Service Fee or similar charge up to the Service Fee, as well as all costs over and above those charged during normal business hours such as overtime. You will then submit the itemized invoice to Us for reimbursement up to the limit of coverage under this Agreement. Please call us at 1-888-531-5403 to find out the best way to submit the paid invoice; or, You may submit the paid invoice by mailing it to Us at 90 Washington Valley Road, Bedminster, NJ 07921, with an explanation of the emergency, when it occurred, Your name, Your account number and Your contact information. We may need to contact You for further information.
   10. Virginia Residents: If You are unable to contact or obtain satisfaction from Us then You may contact the Virginia Corporation Commission, at Bureau of Insurance, P.O. Box 1157, Richmond, Virginia, 23218-1157 or by calling (800) 552-7945.
   11. Wisconsin Residents: THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.
   12. District of Columbia, Ohio, Pennsylvania, Tennessee, and Utah Residents: 30% of Your purchase price is for coverage of tangible personal property and 70% is for coverage of real property and fixtures.

We offer service agreements which are not warranties.

This is not a contract of insurance.

Terms may vary in different states (see Section K for state specific details).