Terms and Services

Terms and Conditions of Use

1.Introduction

Thanks for choosing The Appliance Connection (“we”, “us”, “our”). By visiting our website or purchasing products or services from us, you are entering into a binding contract with us.  

Your agreement with us includes these Terms and Conditions of Use (the “Agreement”).  You acknowledge that you have read and understood this Agreement, accept this Agreement, and agree to be bound by it.  If you don’t agree with (or cannot comply with) the Agreement, then you may not use our website, products or services.  Please read the Agreement carefully.

In order to use our website or purchase our products or services, you need to (1) be 18 or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be a resident in the United States.  You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.

Occasionally we may, in our discretion, make changes to the Agreement.  When we make material changes to the Agreement, we’ll provide you with prominent notice as appropriate under the circumstances.  In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes.  Please therefore make sure you read any such notice carefully.  If you do not wish to continue using us under the new version of the Agreement, you may terminate the Agreement.

You promise and agree that you will not copy, redistribute or transfer content from this website (the “Content”).  The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the website content, or otherwise making any use of the website content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the content or any part of it;
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Content or any part thereof unless permitted by applicable law;
  • circumventing any technology used by us, our licensors, or any third party to protect the Content;
  • selling, renting, sublicensing or leasing of any part of the website content;
  • circumventing any territorial restrictions applied by us;
  • manipulating the Content by using a script or other automated process;
  • removing or altering any copyright, trademark, or other intellectual property notices;
  • providing your password to any other person or entity, or using any other person’s or entity’s username and password; and
  • “crawling” our website or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from us.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure.  You understand that you are responsible for all use of your username and password on the Service.  If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, you agree to notify us immediately and change your password as soon as possible.  You agree that we are not liable for any loss or damage resulting from your failure to properly secure your password.

This Agreement does not grant you any rights to any of our trademarks, service marks or other brand features, whether for commercial or non-commercial use.

You agree not to use the website in any manner not expressly permitted by the Agreement.  We grant no right, title, or interest to you in any of the website content.

2. Purchases

Any and all sales or use tax will be your responsibility.  Sales tax calculations on the web site are an estimate only.  Your true sales tax, if applicable, will be calculated and presented to you at the time of product delivery.

When you make purchases from us using your major credit card, you agree to honor the terms and conditions of your cardholder agreement.

Refunds will be handled according to our store's policies.  Please contact us for a copy of our store's policies.

While we take every precaution to insure all products and pricing are correct on our web site, mistakes do occur.  Should you find a mistake please contact us.  Prices and the availability of products and our services are subject to change without notice.  Despite our best efforts, we will, from time to time, make pricing mistakes.  We will endeavor to promptly correct any mistakes as we become aware of them.  We reserve the right to revoke any offer and/or correct any error at any time, including after an order has been submitted and even in the event that your method of payment has been charged.  Any disputes related to pricing will be resolved at our sole and complete discretion.

Certain technical difficulties or maintenance may, from time to time, result in temporary interruptions of the website.  To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the website, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of any function or feature of the website.  You understand, agree, and accept that we have no obligation to maintain, support, upgrade, or update the website, or to provide all or any specific content through the website.  This section will be enforced to the extent permissible by applicable law.

3. Limitations of Liability

AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE FOR ANY AND ALL CAUSES WHATSOEVER SHALL BE LIMITED TO THE PURCHASE PRICE PAID OR PAYABLE TO US FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.  IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OR PROFITS, DOWNTIME, LOSS OF USE, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR PROPERTY, HOWEVER CAUSED, WHETHER FORESEEABLE OR NOT, AND EVEN IF ADVISED OF THE POSSIBILITY THEREOF.  THESE LIMITATIONS

WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, INDEMNIFICATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, NEGLIGENCE AND

DETRIMENTAL RELIANCE, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

 4. Indemnification

You agree to indemnify, defend, and hold us harmless from any claim, demand, action or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to your use of any service offered by us, and you warrant that you will not use the information that we have provided you in violation of any state or federal law.  You further agree to indemnify, defend, and hold us harmless, in addition to holding harmless our parents, officers, directors subsidiaries, affiliates, employees, agents, and suppliers, and their respective affiliates, officers, directors, subsidiaries, employees, and agents, from any claim, cause of action, demand, liability, or damage, including reasonable counsel fees, made by any third party or governmental agency resulting from your use of any service that we have offered or your violation of this Agreement, including without limitation, interference with property rights, claims or suits for libel, violation of rights of privacy or publicity, trespass, violations of Federal or State Law, patent infringement, copyright infringement, trademark infringement, or plagiarism.  We reserve the right to, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you.  Our assumption of such defense, however, shall not excuse any of your indemnity obligations.

5.Force Majeure

Neither party will be liable for non-performance or delay in performance of any obligation (other than payment of monetary sums due) to the extent caused by events or circumstances beyond its reasonable control and without negligence on its part.

6. Disputes

In the event of a dispute, you agree to try to resolve the dispute by first contacting us prior to taking any other action.  Failure to do so prior to taking any other action will result in your breach of this Agreement.  Any resolution of your dispute will be considered by us to be in good faith and you agree to abide by our decision.  If you seek a remedy in a court of law, it will be your responsibility to pay for our legal fees.  In addition, you agree to waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement.  In addition, in the event of any breach or violation of this Agreement or any provision of this Agreement, we are entitled to enforce all of our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, including profits, the maximum amount of statutory damages under applicable statutes and Acts, treble damages, and attorneys' fees and costs.  These remedies and damages are in addition to those monetary payments set forth above and/or any amounts otherwise due pursuant to this Agreement.  The Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of New Jersey, United States of America, without regard to choice or conflicts of law principles.  Further, you and we agree to the jurisdiction of Camden County, New Jersey to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (and any non-contractual disputes/claims relating to or arising in connection with them). 

For the avoidance of doubt, “You” does not include HomeSource, Inc., Centerspec, and/or any of its parents, subsidiaries, directors, officers, affiliates, employees, agents and/or representatives.

The headings of this Agreement are only for convenience and shall not be used to construe meaning of this Agreement or the terms herein.

7. Agreement Updates

This Agreement is effective as of October 17, 2017.  We reserve the right to revise this policy or its terms from time to time without prior notice to you.  You will be notified of any and all material changes in Our Terms of Service either through email or by a conspicuous posting on our website.

Other than as stated in this section or as explicitly agreed upon in writing between you and Us, this Agreement constitutes all the terms and conditions agreed upon between you and us and supersedes any prior Agreement in relation to the subject matter of this Agreement, whether written or oral.

Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by us or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive our or the applicable third party beneficiary’s right to do so.

We may assign the Agreement or any part of them, and we may delegate any of our obligations under the Agreement.  You may not assign the Agreement to any third party.

8. Warranties

WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US AND/OR OUR WEBSITE.  WE PROVIDE OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  THESE WARRANTIES INCLUDE BUT ARE NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION OR NON-INFRINGEMENT.  WE DO NOT WARRANT THAT OUR SERVICE WILL BE FREE OF ERRORS OR DEFECTS, UNINTERRUPTED, TIMELY, OR SECURE.  WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS TO YOUR COMPUTER SYSTEM RESULTING FROM THE DOWNLOAD OF MATERIAL OR DATA FROM THIS WEBSITE OR ANY OTHER SERVICE PROVIDED BY US.  ANY MATERIAL DOWNLOADED IS USED AT YOUR OWN DISCRETION AND RISK. 

WARRANTY - EXTENDED SERVICE AGREEMENT - THE AC PROTECTION PROGRAM
This Agreement is not a Contract of Insurance

Please read this Agreement carefully, as it describes the protection You will receive in return for Your payment of the purchase price of this Agreement. You must keep this Agreement, Your sales invoice, and receipt for the product You purchased; they are integral parts of this Agreement and You will be required to produce them in order to obtain service. You must maintain the Covered Product as recommended by the manufacturer’s owner manual and warranty. Refer to the Declarations Page of this Agreement, Your sales receipt, or invoice to determine the term of this Agreement, the type of plan You purchased, and if there is a deductible required to obtain service under this Agreement.

NOTICE: (1) THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY FOR THE COVERED PRODUCT; (2) THE PURCHASE OF THIS AGREEMENT IS NOT REQUIRED TO EITHER PURCHASE YOUR PRODUCT OR TO OBTAIN FINANCING FOR IT.

I. DEFINITIONS
(1) “Obligor”, “We”, “Us” and “Our”: The company obligated under this Agreement, The Applaince Connection, LLC, 263 Jefferson Ave., Moundsville, WV 26041.
(2) “You” and “Your”: The original purchaser of the Covered Product or the owner of the product whom the service agreement was validly transferred pursuant to the
requirements of this Agreement.
(3) “Administrator”: The Appliance Conncetion, LLC
(4) “Selling Retailer”: The entity selling the Covered Product and this Agreement also The Appliance Connection.
(5) “Covered Product”: The consumer product that You purchased concurrently with and is covered by this Agreement.

ELIGIBILTY
(1) The following products are eligible for coverage: Major Appliances, such as refrigerators, microwaves, dishwashers, clothes dryer and washer, ranges, stoves, ovens, cooktops, freezers, and combination units.

PARTS & LABOR REPAIR PLAN
(1) TERM: If You purchased a Parts & Labor Date of Purchase Repair Plan, the term of this Agreement begins on the product date of purchase or, if applicable, the date of installation of the Covered Product by the Selling Retailer (proof of installation date may be required if different from the product purchase date) and runs congruent with the manufacturer’s warranty, and continues for the period indicated on the Declarations Page, Your sales receipt or invoice. If You purchased the Parts & Labor Extension Repair Plan, the term of this Agreement begins upon the expiration of the shortest portion of the manufacturer’s warranty for the Covered Product and continues for the period indicated on the Declarations Page, Your sales receipt or invoice.

(2) COVERAGE: Parts for the Covered Product will be replaced with those of like kind and quality at Our sole discretion. We may use new or remanufactured parts in repairing the Covered Product. Failure must be reported within 30 days of the initial failure to be eligible for coverage. If the Covered Product cannot be repaired or if the cost of its repair exceeds the Covered Product’s original purchase price, the Covered Product will be replaced as determined by Us with a product of like kind or similar features. If replacement parts are not available for the Covered Product or have been discontinued by the manufacturer, We will replace the Covered Product as determined by Us with a product of like-kind, similar quality or features. For Appliances, Electronics and Computers: We will repair or replace the Covered Product, at Our discretion, when required due to a mechanical or electrical failure, including those experienced during normal wear and tear, as well as a mechanical or electrical failure caused by a direct result of a power surge (in the
absence of insurance coverage). Costs related to the removal and reinstallation of Your Covered Product are not covered under this Agreement and are Your responsibility. You are responsible to back up all computer software and data prior to commencement of repair of the Covered Product.

(3) LIMIT OF LIABILITY: Our limit of liability for the Covered Product under the Parts & Labor Repair Plan is the cost of authorized repairs to and/or replacement of the Covered Product as determined by Us, with a product of like kind or similar quality and features. DELIVERY FEES, BREAKDOWN CHARGES, INSPECTION FEES, INSTALLATION FEES, OR ESTIMATE CHARGES FOR REPAIRS THAT ARE NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY.

(4) NO LEMON POLICY: This Agreement provides that following the expiration of the term of the Covered Product’s manufacturer’s warranty, and subject to Our limit of liability, after three (3) service repairs have been completed for the Covered Product for the same problem within a 12 month period, as determined by Us, in lieu of performing a fourth (4th) repair on the Covered Product, We may replace it with a product of like kind or similar features, or issue a check or store credit to You in an amount not to exceed the remaining limit of liability as determined in accordance with the section titled “Limit of Liability.” If We replace the Covered Product or issue a cash settlement of any kind, including a store credit, all of Our obligations for the Covered Product under this Agreement terminate and will be considered fulfilled.

(5) HOW TO REQUEST SERVICE: To request service for the Covered Product, contact the Administrator at 304-845-7686 or fill out a form at https://www.theapplianceconnectionwv.com/contact-us . All repairs must be authorized by the Administrator prior to completion. C laims for unauthorized repairs will be denied. You may be asked for a credit card number prior to service being performed. Many oversights, which are not covered under this Agreement, can be due to simple circumstances such as the Covered Product not being switched on, being unplugged, or a fuse blown at the junction box. To avoid a non-covered claim, perform a hard reset as illustrated by the manufacturer in the owner’s manual of Your Covered Product. For a Covered Product that uses batteries as the primary power supply, check that the batteries do not need replacing or recharging. If You refuse service on a Covered Product after We have dispatched the authorized technician to Your location, You will be billed for that servicer’s applicable trip charge. If You refuse service on a Covered Product, We are no longer responsible for any costs associated with the repair or replacement of Your Covered Product and may choose to refund You the prorated cost of this Agreement. If the cost of this Agreement is refunded at full cost or at a prorated cost, this Agreement will be considered fulfilled and no further action to repair or replace Your Covered Product will be considered.

(6) SERVICE DELIVERABLES: You will receive service on the Covered Product as described below:

In-Home/On-Site: Service will be performed in Your home or on-site as indicated on the Declarations Page of this Agreement, or on Your sales receipt or invoice, provided You have fulfilled the following requirements: (1) provide Our authorized technician with accessibility to the Covered Product; (2) provide a non-threatening and safe environment for Our authorized technician; and (3) an adult over the age of 18 must be present for the period of time Our authorized technician is scheduled to provide service and while Our authorized technician is on Your property servicing the Covered Product. In-home or on-site service
will be provided by Our authorized service provider during regular business hours, local time, Monday through Friday, except holidays. Our authorized service center may opt to remove the Covered Product to perform service in-shop. The Covered Product will be returned upon completion.

(7) POWER SURGE PROTECTION: This Agreement provides power surge protection from the product date of purchase in the absence of insurance coverage. If the Covered Product is damaged as a result of a power surge, We will service the Covered Product in accordance with the terms herein. You may be required to provide proof of claim denial, if other insurance coverage is applicable.

(8) COMMERCIAL PLAN: For residential and commercial grade products used in a Commercial setting/environment (i.e. for any use other than in a residential singlefamily setting), a Commercial Plan is required. If purchased, this Agreement covers replacement parts and labor necessary to maintain the Covered Product that is used in a Commercial setting in those cases where the manufacturer’s warranty is null and void. Coverage under this Agreement will begin from the date of purchase and continue for the period of time stated on the Declarations page of this Agreement, Your sales receipt or invoice; provided however, for selected products that are manufactured specifically for commercial use and include a manufacturer’s warranty, coverage begins upon expiration of the shortest portion of the manufacturer’s or Selling Retailer’s parts and/or labor warranty. During the manufacturer’s warranty period, any parts, labor, on-site service or shipping costs covered by that warranty are the sole responsibility of the manufacturer. Note: Special Features, Benefits, or Optional Plans and Major Component coverage for appliance service agreements, are not available for products under the Commercial Plan.

WHAT IS NOT COVERED
Products without a manufacturer’s warranty; (B) Products with less than an original ninety (90) days manufacturer’s parts and labor limited warranty (C) Product repairs that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs; (D) Cleaning; periodic checkups; preventive maintenance; & general cleaning of major appliances. (E) Parts or repairs due to normal wear and tear unless otherwise specified or unless tied to a failure, and items normally designed to be periodically replaced by You during the life of the product, including but not limited to batteries, light bulbs, etc.; (F ) Damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; failure to follow the manufacturer’s instructions for operation and care of the Covered Product; external causes of any kind, including third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; acts of God or consequential loss of any nature; (G) Loss or damage caused by invasion; rebellion; riot; strike; labor disturbance; lockout; or civil commotion; (H) Incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the Covered Product is at an authorized service center or awaiting parts; (I ) Any product used in a commercial setting or rental basis unless You purchased a Commercial Plan; (J ) Failures that occur outside of the 50 states of the United States of America and the District of Columbia, with the exception of hand-held devices with worldwide coverage; (K) Non-functional, cosmetic or aesthetic parts including but not limited to frames, cabinets, doors, hinges, plastic parts, knobs, rollers, baskets; scratches, peeling & dents; (L ) Unauthorized repairs and/or parts; (M) Cost of installation, setup, diagnostic charges, of the Covered Product, except as provided herein; (N) Accessories used in conjunction with a Covered Product including remote
controls; (P) Any other loss other than a covered failure.

CONDITIONS
A. Transferability: This Agreement is transferable by You for the balance of the original term of this Agreement. The transfer of this Agreement and the Covered Product may be registered by mailing, and providing the date of new ownership, new owner’s name, complete address, and telephone number and a check for twenty-five dollars ($25) payable to The Appliance Connection, LLC within 30 days of Covered Product transfer of ownership. Once contract has been transferred to new ownership, the person listed as the New Owner of the Covered Product assumes all responsibility to uphold the conditions of this Agreement.

B. Subrogation: If We pay or render service for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay or render service for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount we may recover.

C. Arbitration: PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Not withstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement.

Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder
are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A
REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASSACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING
IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is
commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at www.adr.org or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees.

NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

A. Cancellation: This Agreement provides a thirty (30) day free look period from the purchase date of the Agreement as long as no claims have been incurred. You may cancel this Agreement by informing the Selling Retailer of Your cancellation request within thirty (30) days from the date of purchase of the Agreement and You will receive a 100% refund of the full purchase price of the Agreement.

B. Entire Agreement: This is the entire service Agreement between the parties, and no representation, promise or condition made by any person or entity which is not contained herein shall modify any of the terms or conditions of this Agreement.