vehicle service contract – terms and conditions

1. agreement

The Declarations Page and Vehicle Service Plan Terms and Conditions make up the entire agreement (the “Agreement”) between You and Us regarding the Coverage and related benefits for Your Vehicle. This Agreement begins on the Effective Date and ends on the Expiration Date or when the Expiration Mileage has been reached on the Vehicle Odometer, whichever occurs first.

2. definitions

In this Agreement, the following capitalized terms have the meanings assigned to them:

  1. Branded Vehicle means a vehicle that has a valid certificate of title that indicates:
    1. a salvage title;
    2. that the vehicle was stolen; or
    3. that an insurance carrier insuring the vehicle determined that the physical damage to the vehicle exceeded the value of the vehicle.
  2. Claim Administrator means [QBE Administration Services, Inc.] located at [One QBE Way, Sun Prairie, WI 53596, Telephone Number 1-800-773-9980].
  3. Commercial Use means any breakdown on a vehicle used for racing, snowplowing, rental use, delivery purposes, hire or utilized in a business for profit, or by pulling a trailer weighing more than the manufacturer’s recommended limits.
  4. Coverage means Ultimate Protection Plan (Ultimate), Standard Plus Protection Plan (Standard Plus) or the Standard Protection Plan (Standard).
  5. Effective Date means the date for which Your Agreement will become effective for the selected Coverage.
  6. Eligible Repair Visit means a single visit to a dealer or other repair  provider for service or repair of a Failure to the Vehicle covered by this Agreement.
  7. Emergency Repair means necessary repair to an inoperable Vehicle at a dealer or repair facility.
  8. Expiration Date means the date shown on the Declarations Page which will cause this Agreement to expire even if the Expiration Mileage has not been reached.
  9. Expiration Mileage means the total number of miles up to which Coverage is afforded by this Agreement. When the Vehicle’s mileage as recorded on the Vehicle’s odometer reaches the specified Expiration Mileage coverage shall cease unless the Expiration Date has been reached prior to the Expiration Mileage being reached.
  10. Failure means a cessation of normal functioning of the Vehicle or components covered by this Agreement that arise from defects in materials or workmanship or caused by wear and tear covered by this Agreement.
  11. New Vehicle Limited Warranty means the manufacturer’s original limited bumper to bumper warranty covering a new Vehicle or the parts and components of the new Vehicle.
  12. Retail Value of the Vehicle means the retail value of the Vehicle at the time of repair or service, as determined by ‘‘National Auto Dealers’ Association (N.A.D.A.) Guide’’, taking into consideration the location, mileage and condition of the Vehicle.
  13. Scheduled Maintenance Services means all scheduled maintenance services at the service intervals listed in the Scheduled Maintenance Guide for the Vehicle, including adherence to the normal or severe duty mileage and time requirements depending on vehicle usage.
  14. Vehicle means the vehicle identified in Item 3 of the Declarations Page.
  15. Vehicle Identification Number (VIN) means the 17 alpha-numeric identifier assigned to a motor vehicle by the manufacturer.
  16. We, Us, and Our means [QBE Administration Services, Inc.] located at [One QBE Way, Sun Prairie, WI 53596, Telephone Number 1-800-773-9980].
  17. You and Your means the individual stated in Item 1 of the Declarations Page.

3. what this agreement coverages

Subject to the deductibles, exclusions and other limitations in this Agreement and depending on the Coverage You elect, repairs (including parts and labor costs) will be provided as referenced herein.

We will either:

  1. repair or replace covered Failures; or
  2. reimburse You for the Vehicle’s repair or replacement of covered Failures and repairs needed to a non-covered component caused by the Failure of a covered component. We may inspect the Vehicle before performing any repairs and inspect parts that are repaired or replaced.

 

3a. Covered Items Standard Protection Plan

If You elect Standard Protection, the following items are covered:

  1. Engine – Cylinder block and all internal lubricated parts, seals and gaskets, the cylinder heads, manifold (Exhaust and Intake), manifold and bolts, factory installed  turbocharger/supercharger units, timing chain (gears or belt), flywheel, valve covers, oil pan, timing chain cover, oil pump, water pump, thermostat, thermostat housing. (Exceptions: carburetion and fuel injection components are not covered).
  2. Transmission – Transmission case and all internal parts including torque converter and transfer case (all internal parts), seals and gaskets.
  3. Front-Wheel Drive – Final drive housing and Rear Axle Housing for AWD (including all internal parts), universal and constant velocity joints, front-wheel bearings, axleshafts, locking rings (fourwheel drive vehicles), seals and gaskets, automatic front locking hubs (four-wheel drive), rear wheel bearings.
  4. Rear-Wheel Drive – Drive axle housings and Front Axle Housing for 4X4 (including all internal parts), universal and constant velocity joints, rear-wheel bearings and retainers, axle shafts, seals and gaskets, driveshafts, front wheel bearings.

3b. Covered Items Standard Plus Protection Plan

If You elect Standard Plus Protection, the following items are covered:

  1. Engine – Cylinder block and all internal lubricated parts, seals and gaskets, the cylinder heads, manifold (Exhaust, Intake and bolts), factory installed turbocharger/supercharger units, timing chain (gears or belt), flywheel, valve covers, oil pan, timing chain cover, oil pump, water pump, thermostat, thermostat housing. Metal fuel lines, harmonic balancer and bolt, and diesel injector pump. (EXCEPTIONS: CARBURETION AND FUEL INJECTION COMPONENTS ARE NOT COVERED).
  2. Transmission – Transmission case, hose clamps, and hose o-ring seals, and all internal parts including torque converter and transfer case (all internal parts), seals and gaskets.
  3. Front-Wheel Drive – Final drive housing and Rear Axle Housing for AWD (including all Internal parts), universal and constant velocity joints, axleshafts, locking rings (four-wheel drive vehicles), seals and gaskets, automatic front locking hubs (four-wheel drive).
  4. Rear-Wheel Drive – Drive axle housings and Front Axle Housing for 4X4 (including all internal parts), universal and constant velocity joints, axle shafts, seals and gaskets, and driveshafts.
  5. Odometer & Speedometer – Odometer and speedometer, including all cables and connectors.
  6. Steering – Power steering pump, cooler and metal lines, couplings, seals and gaskets, manual and power steering gear housing and all internal parts, including linkages, control valve, column lock (tilt wheel), pulley assembly for power steering pump, and the idler arm.
  7. Front Suspension – MacPherson struts, upper and lower control arms, stabilizer bar, linkage and bushings, tie rods, control arm shafts and bushings, upper and lower ball joints, kingpins and bushings, spindle and spindle supports. NOTE: This coverage includes only the items listed in this paragraph and does not include either front end alignments or wheel balancing, unless the repair to such items is required in conjunction with the repair of a Failure.
  8. Brakes – Master cylinder, calipers and wheel cylinders, combination valve, metal lines and fittings, power brake booster, backing plates, springs, clips and retainers, self adjusters, parking brake linkage and cables, brake pedal shaft. NOTE: This coverage includes only the items listed in this paragraph and does not include brake drums, rotors, linings or pads, unless the repair to such items is required in conjunction with the repair of a covered Failure.
  9. Air Conditioning – Compressor, condenser, evaporator, A/C compressor head, A/C compressor clutch switch, A/C clutch and clutch bearings, compressor seals, pulley and field coil.
  10. Electrical – Alternator, starter motor, voltage regulator, manually operated electrical switches, ignition switch, wiper motors, electronic ignition module, radiator fan relay, fuel pump, starter motor solenoid, wiring harnesses (excluding spark plug wires), and electrical components of a heated backglass. Distributor assembly. NOTE: Heated backglass coverage is for electrical components only and does not include general glass damage or breakage.

3c. Covered Items Ultimate Protection Plan

If You elect Ultimate Protection, You have Standard Protection and coverage for the following additional items:

  1. Engine – Cylinder block and all internal lubricated parts, seals and gaskets, the cylinder heads, manifold (Exhaust and Intake), manifold and bolts, factory installed turbocharger/supercharger units, timing chain (gears or belt), flywheel, valve covers, oil pan, timing chain cover, oil pump, water pump, thermostat, thermostat housing. Metal fuel lines, harmonic balancer and bolt, and diesel injector pump. Flywheel ring gear, diesel lift pump and gas and diesel fuel injectors.
  2. Transmission – Transmission case and all internal parts including torque converter and transfer case (all internal parts), seals and gaskets. Governor Assembly.
  3. Front-Wheel Drive – Final drive housing and Rear Axle Housing for AWD (including all Internal parts), universal and constant velocity joints, front-wheel bearings, axleshafts, locking rings (fourwheel drive vehicles), seals and gaskets, automatic front locking hubs (four-wheel drive), rear wheel bearings.
  4. Rear-Wheel Drive – Drive axle housings and Front Axle Housing for 4X4 (including all internal parts), universal and constant velocity joints, rear-wheel bearings and retainers, axle shafts, seals and gaskets, driveshafts, front-wheel bearings.
  5. Odometer & Speedometer – Coverage is provided for both the odometer and speedometer, including all cables and connectors.
  6. Steering – Power steering pump, cooler and metal lines, couplings, seals and gaskets, manual and power steering gear housing and all internal parts, including linkages, control valve, column lock (tilt wheel), pulley assembly for power steering pump, and the idler arm.
  7. Suspension – MacPherson struts (front or rear), upper and lower control arms, stabilizer bar, linkage and bushings, tie rods, control arm shafts and bushings, upper and lower ball joints, kingpins and bushings, spindle and spindle supports. NOTE: This coverage includes only the items listed in this paragraph and does not include either front end alignments or wheel balancing, unless the repair to such items is required in conjunction with the repair of a Failure.
  8. Brakes – Master cylinder, calipers and wheel cylinders, combination valve, metal lines and fittings, power brake booster, backing plates, springs, clips and retainers, self adjusters, parking brake linkage and cables, brake pedal shaft. NOTE: This coverage includes only the items listed in this paragraph and does not include brake drums, rotors, linings or pads, unless the repair to such items is required in conjunction with the repair of a covered Failure.
  9. Air Conditioning – Compressor, condenser, evaporator, A/C compressor head, A/C compressor clutch switch, A/C clutch and clutch bearings, compressor seals, pulley and field coil.
  10. Electrical – Alternator, starter motor, voltage regulator, manually operated electrical switches, ignition switch, wiper motors, electronic ignition module, radiator fan relay, fuel pump, starter motor solenoid, wiring harnesses (excluding spark plug wires), and electrical components of a heated backglass. Distributor assembly. NOTE: Heated backglass coverage is for electrical components only and does not include general glass damage or breakage.
  11. High Tech – Air conditioner accumulator, ETA pump hose assembly, anti-lock brake module and sensor, automatic temperature control, compass and thermometer read-out displays, distributor cap and rotor, electronic air suspension (switch-vacuum pump. control-assembly suspension air spring, spring and solenoid assembly front suspension, air spring solenoid, o-ring solenoid, left/right-front spring, dryer assembly, sensor-air level, air line protector, spring-load leveling, control module-air suspension, sensor right/left rear suspension leveling, air suspension quick connect, air line repair kit, switch-right/left rear suspension leveling, o-ring suspension air spring dryer, silencerair suspension, wire assembly air suspension switch, front spring air suspension and rear spring air suspension), electronic instrument cluster (excluding the dash pad, clock, audio and visual equipment), fuel tank and lines, diesel injectors and lines, heater blower motor and core assembly, keyless entry system (excluding door handles), power seat motors, power window motors and regulators, power antenna, power door locks (excluding door handles and electronic key fobs), power door lock retainer clip, radiator, radiator fan, radiator fan clutch or motor, speed control, engine mounts, transmission vacuum module and mounts, and external transmission module.

All Failures are covered except for those items specifically excluded in Section 5. EXCLUSIONS.

4. Additional Benefits

4a. Towing Reimbursement

If towing is necessary because a Failure occurs or services provided by Your Coverage are required, QBE Administration Services, Inc. will reimburse You for towing costs necessitated by damage up to $100 per Failure.

 

4b. Rental Car Reimbursement

You may be eligible for rental car reimbursement if the servicing or repair facility determines that the repair is:

  1. covered under this Agreement; or
  2. the Vehicle must be kept overnight by the repair facility because it was inoperable or would become inoperable if it continued to be operated.

If You meet the eligibility requirements set forth herein, We will reimburse You for vehicle rental charges You actually incur up to $30 per day (including tax) for up to 5 days or until the repair is complete, whichever occurs first.

 

5. Exclusions

This Agreement excludes the following:

  1. Repairs covered by manufacturer recalls, insurance or warranty;
  2. Service adjustments and cleaning not made with a covered repair and software upgrades;
  3. Repairs to any engine, transmission and final drive components for damages caused by an aftermarket turbocharger or supercharger, foreign objects, or other performance enhancing powertrain components including but not limited to racing parts or accessories;
  4. Repairs caused by loss of lubricants or fluids or contamination of oil, fluids or fuel and repairs caused by continued operation of the Vehicle after loss of lubricant or fluids or contamination of oil, fluids or fuel;
  5. Repairs caused by improper or unauthorized service providers, collisions or other physical damage to the Vehicle, unreasonable use (including driving over curbs, overloading, or using the Vehicle as a stationary power source), damage from fire or explosions, road hazards, other casualty losses, or losses due to negligence, racing or Failures caused by:
    1. alterations or modifications of the Vehicle, including the body, chassis, or components, after the Vehicle leaves the control of the manufacturer (any part or accessory that is not permanently affixed to the Vehicle at point of sale);
    2. tampering with the Vehicle or the emissions systems and components;
    3. the installation or use of any part not approved, certified or authorized by the Vehicle’s manufacturer or any repair caused by after-market (non-factory approved) PCM reprogramming; or
    4. any part designated for ‘‘off-road only’’ that is not installed by the manufacturer, including, but not limited to, lift kits, oversized tires, aftermarket wheels that do not provide equivalent fit and function as the original equipment installed by the manufacturer, roll bars, cellular phones, alarm systems, automatic starting systems and performance-enhancing powertrain components;
  6. Damage caused by the environment and pollution, including airborne fallout, corrosion chemicals, tree sap, salt, hail, windstorm, lightning, freezing, flooding, earthquake, snow or ice;
  7. Damage caused by theft, vandalism, terrorism, riot or acts of war;
  8. Repairs caused by lack of required or recommended maintenance;
  9. Scheduled Maintenance Services;
  10. Repairs needed to a covered part caused by the Failure of a non- covered part;
  11. Repairs to the Vehicle if the odometer is altered, broken, repaired or replaced so that We cannot determine the actual mileage on the Vehicle;
  12. Loss of use of the Vehicle, loss of income, special or consequential damages, and personal expenses, such as motels, food, gas and mileage;
  13. Rental vehicle charges or fees such as mileage charges, drop-off fees, insurance, or gasoline;
  14. State or local taxes for Rental Car Reimbursement;
  15. Vehicles manufactured for sale outside the United States, District of Columbia or Canada;
  16. Repairs to the Vehicle performed outside of the United States, District of Columbia, or Canada;
  17. Repairs required as a result of operation outside the United States, District of Columbia, or Canada;
  18. Repairs made to the Vehicle that are required due to a condition that existed prior to the purchase or transfer of this Agreement;
  19. Shop supplies and disposal of environmental wastes from the Vehicle or fuel used during the repair of Your Vehicle or storage fees;
  20. A Vehicle is excluded from coverage if, (1) the New Vehicle Limited Warranty for the Vehicle or specified component parts are voided, in whole or part, (2) the Vehicle is a Branded Vehicle, Rebuilt Vehicle, Refurbished Vehicle, Restored Vehicle, Totaled or Salvaged Vehicle, or (3) if We cannot determine the VIN.
  21. Service adjustments and cleaning, batteries of all types and cables, belts, hoses, hose clamps, brakes (front hub, drums, shoes, linings, disc rotors, pads), manual transmission clutch disc, coolant, exhaust system (includes catalytic converter), filters, fluids, lubricants, lights (bulbs, sealed beam, lenses), spark plugs, spark plug wires, squeaks and rattles, tires, tune-ups, wheel balancing, wheel alignment, LED lights, shock absorbers and compressed natural gas/liquid propane fuel system conversion components are excluded from this Agreement;
  22. Service adjustments fixed (non-moving) body parts, bumpers, door handles, glass, moldings, ornamentation, paint, rust, sheet metal, structural underbody framework, sideview mirrors (glass and housing), water leaks, wind noise, weatherstrips, wheels, wheel studs, wheel covers and ornaments, convertible top, fabric, liners, zippers, fasteners, buttons, carpets, dash pad, door, wiper blades and window handles, knobs, rearview mirror (glass and housing), trim and upholstery;
  23. Costs or expenses for the teardown, rental expense, inspection or diagnosis of Failures not covered by this Agreement; or
  24. Commercial Use.

6. Repair Information

6A. Where To Go For Repairs

  1. You may obtain repairs to the Vehicle under this Agreement by contacting QBE Administration Services, Inc. at 1-800-773-9980 for a repair authorization number before initiating a covered repair. QBE Administration Services Inc. can be reached Monday through Friday, 8:00 am – 5:00 pm MT.
  2. If the Vehicle should need Emergency Repair when Our office is closed, You may initiate a repair prior to obtaining a repair authorization number. You must call QBE Administration Services Inc. within 5 business days from the date of repair to determine if such repair will be covered by this Agreement.
  3. To request reimbursement, You must provide a copy of the repair order and proof of payment to QBE Administration Services, Inc. within 90 days from the repair order open date or payment receipt date.

6b. Where To Go For Repairs

Repairs will be made with authorized new or remanufactured parts or other products We authorize.

7. Limit of Liability

We will pay up to the Retail Value of the Vehicle for all repairs for Coverage for each Eligible Repair Visit. We will also pay fair and reasonable parts cost and labor time and rates. The accumulation of all paid claims shall not exceed the Retail Value of the Vehicle.

8. Deductible

If You elect coverage with a deductible, We will charge You that deductible for each Eligible Repair Visit, regardless of the number of Failures to be repaired.

9. Your Responsibilities for Care of the Vehicle

To obtain coverage or reimbursement for under this Agreement, You must:

  1. properly operate the Vehicle; and
  2. provide proof of Scheduled Maintenance Services. Proof of Scheduled Maintenance Services includes maintenance records that show mileage, date of maintenance service, VIN and the maintenance that was performed.
    Scheduled Maintenance Service require periodic service checks based on mileage intervals and the make and model of Your Vehicle. Please review the Owner’s Guide for Your Scheduled Maintenance Service requirements that are provided to You at the time of vehicle purchase. If You perform Your own Scheduled Maintenance Services, You must maintain a log including date, mileage and description of each maintenance service and provide corresponding receipts for purchases of parts and fluids.

If Your failure to follow these procedures causes a Failure, You may be denied coverage under this Agreement.

10. General Conditions

10a. Ineligible Or Excess Coverage

If You were charged for Coverage for which Your Vehicle is ineligible under this Agreement, We will refund the charge to You. You will be notified of the refund and the termination of any ineligible coverage.

10b. Transferability

You may transfer the remaining coverage of the Vehicle under this Agreement, if You or the transferee of this Agreement initiates the transfer process and provides the following items to Us, within 30 days of the Vehicle sale:

  1. a statement of the mileage on the Vehicle at the time of transfer; and
  2. the name, address and phone number of the transferee.

You may not transfer coverage if the Vehicle becomes a ∫ or is repossessed. Transferred Agreements may not be cancelled. If any portion of the selected Coverage remains unpaid, the transferee will assume the responsibility for payment of the balance of the premium.

10c. Cancellation And Refund

  1. Your Right To Cancel This Agreement And Receive A Refund:
    1. If We receive a written cancellation request, including proof of payment on or before the 30th day from the Effective Date and no claims have been filed under this Agreement, We will cancel this Agreement and refund the purchase price You paid for this Agreement.
    2. If We receive a written cancellation request, including proof of payment after the 30th day or a claim has been filed at any time during the term of this Agreement from the Effective Date, We will divide the purchase price You paid for the Agreement by the number of months of coverage provided by this Agreement. We will multiply this dollar amount by the unused months and refund this amount (“Pro Rata basis”) to You.
  2. Our Right To Cancel This Agreement And Provide A Refund:
    1. If We cancel this Policy during the first 60 days that it is in effect, we may cancel this Policy for any reason. We will mail or deliver You written notice at least 30 days prior to the effective date of cancellation. If we cancel the Policy for nonpayment of premium, We will mail or deliver to You written notice at least 10 days prior to the effective date of cancellation.
    2. After this Policy has been in effect for 60 days or more, or if it is a renewal or continuation policy, We may only cancel this Policy for the following reasons:
      1. Nonpayment of the premium;
      2. Discovery of fraud or material misrepresentation in obtaining the Policy or in presenting a claim;
      3. Conviction of a crime arising out of acts increasing the hazard insured against;
      4. Discovery or willful or reckless acts or omissions increasing the hazard insured against; or
      5. Physical changes in the property insured occurring after issuance or last annual anniversary date of the Policy which results in the property becoming uninsurable in accordance with Our objectives, uniformly applied underwriting standards in effect at the time the Policy was issued or last voluntarily renewed.

We will mail or deliver You written notice at least 30 days prior to the effective date of cancellation. If we cancel the Policy for nonpayment of premium, We will mail or deliver to You written notice at least 10 days prior to the effective date of cancellation. The notice of cancellation shall state the reason for
cancellation.

10d. Dispute Resolution & Arbitration

Any controversy or claim arising out of or relating to this Agreement or the breach thereof, may be settled by mutually agreed upon arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any arbitration shall be conducted in the judicial district of purchase and pursuant to the rules of the American Arbitration Association.

11. State Specific Provisions

The following provisions are applicable in the states set forth below and modifies only those specific terms referenced. All other terms and conditions are unchanged.

11A. For Agreements in ALABAMA, MAINE, MINNESOTA, NEW MEXICO, SOUTH CAROLINA, WASHINGTON and WYOMING:

10C. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND is amended by the addition of the following:

In New Mexico, if You have not received Your refund amount within sixty (60) days of Your cancellation request, and within forty-five (45) days of Your cancellation request in Alabama, Maine, Minnesota, South Carolina and Wyoming, You are entitled to receive ten percent (10%) of the refund amount outstanding for every month that the refund is delayed.

11B. For Agreements in Mississippi:

10D. Dispute resolution & Arbitration is replaced by the following:

  1. ARBITRATION MAY ONLY PROCEED ON AN INDIVIDUAL BASIS, AND MAY NOT BE CONSOLIDATED WITH OTHER ARBITRATIONS OR ACCORDED ANY CLASS ACTION STATUS.
    1. THIS SERVICE CONTRACT AGREEMENT, INCLUDING THE APPLICATION, INVOKES ARBITRATION UNDER THE FEDERAL ARBITRATION ACT. EITHER YOU OR WE MAY ELECT BINDING ARBITRATION TO RESOLVE DISPUTES UNDER THIS SERVICE CONTRACT AGREEMENT.
    2. IF EITHER YOU OR WE DECIDE TO ARBITRATE A DISPUTE REGARDING ANY ASPECT OF THIS SERVICE CONTRACT AGREEMENT OR THE APPLICATION AND THE SALE OF THE SERVICE CONTRACT, AN ARBITRATOR WILL RESOLVE THE DISPUTE. IF ARBITRATION IS SELECTED TO RESOLVE THE DISPUTE, BOTH PARTIES WAIVE THEIR RIGHTS TO RESOLVE THE DISPUTE IN A COURT PROCEEDING.
    3. IN AN ARBITRATION, ONE OR MORE OF THE  ARBITRATORS (WHO ARE NEUTRAL DECISIONMAKERS) RENDER A DECISION AFTER HEARING THE ARGUMENTS FROM ALL PARTIES. ARBITRATION TAKES THE PLACE OF A TRIAL AND DISPUTES ARE DECIDED BY ARBITRATION, NOT A JUDGE OR JURY.
    4. YOU AND WE ARE BOUND BY THE DECISION OF THE ARBITRATOR AND THE RESULTS OF THE ARBITRATION ARE BINDING AND FINAL AND MAY NOT BE APPEALED TO A COURT.
    5. IF YOU NEED ADDITIONAL INFORMATION REGARDING THE DISPUTE RESOLUTION AND ARBITRATION SECTION IN THE SERVICE CONTRACT AGREEMENT, PLEASE CALL THE TOLL FREE ASSISTANCE LINE AT 877-465-2267.
    6. YOU HAVE 5 DAYS FROM DELIVERY OF THIS SERVICE CONTRACT AGREEMENT TO REJECT THE SERVICE CONTRACT AGREEMENT IF YOU DO NOT WANT TO ACCEPT THIS BINDING ARBITRATION PROVISION. IF YOU REJECT THE SERVICE CONTRACT AGREEMENT, YOU DO
      NOT HAVE THE SERVICE CONTRACT COVERAGE IT PROVIDES AND YOU ARE ENTITLED TO A FULL REFUND OF THE AMOUNT YOU PAID. IF YOU DO NOT REJECT THE SERVICE CONTRACT AGREEMENT WITHIN 5 DAYS, YOU HAVE ACCEPTED IT. WE WILL PAY YOUR TOTAL REASONABLE ARBITRATION FEES AND EXPENSES. ARBITRATION PROCEEDINGS MUST COMMENCE NO LATER THAN 120 DAYS AFTER THE FIRST NOTIFICATION BY YOU OR US OF AN ELECTION TO ARBITRATE A DISPUTE. UNLESS YOU AND WE AGREE OTHERWISE, ALL
      ARBITRATION PROCEEDINGS WILL BE CONDUCTED AT A LOCATION IN THE COUNTY OF YOUR RESIDENCE.

11C. For Agreements in Washington:

10D. Dispute resolution & Arbitration is replaced by the following:

10D DISPUTE RESOLUTION & ARBITRATION: You and We must mutually agree to have any dispute related to this Agreement or the Application decided by binding arbitration administered by the Better Business Bureau (BBB). You agree not to consolidate or group Your dispute with other arbitration or disputes concerning this Agreement or Application. You agree that You will not participate in any class arbitration concerning this Agreement or Application. To learn about or begin arbitration, or get a copy of the Arbitration Rules, You may contact BBB at 800-955-5100 or  www.auto.bbb.org/ESP. If there is a conflict between the Rules and this Agreement, this Agreement shall govern.

If You initiate the arbitration process, BBB will charge You an arbitration filing fee of $50. You may employ an attorney to represent You in the arbitration, but an attorney is not required. We will not pay Your attorney fees if You use an attorney.

This Agreement is subject to the Federal Arbitration Act, 9 U.S.C. §§1 et seq. The arbitration decision shall be in writing with a supporting opinion. Arbitration proceedings concerning this Agreement or the Application will be held at a location in the closest proximity to Your permanent residence.

11C. For Agreements in Wyoming:

10D. Dispute resolution & Arbitration is replaced by the following:

10D. DISPUTE RESOLUTION & ARBITRATION: Any arbitration taking place in Wyoming will comply with the Wyoming Uniform Arbitration Act. At the time of any disagreement between You and Us; in a separate written agreement, the parties may voluntarily agree to submit their matters of difference to arbitration and that the results of arbitration are binding on the parties without the right of appeal.