asurion AMZ-1420479-23 Complete Protect Protection Plan User Guide
- June 16, 2024
- asurion
Table of Contents
- asurion AMZ-1420479-23 Complete Protect Protection Plan User Guide
- We, the administrator or the retailer of this Plan may make available
- THESE SERVICE CONTRACT TERMS AND CONDITIONS (THE “PLAN”) CONSTITUTE A
- OBLIGOR :
- Asurion Service Plans of Florida, Inc.
- DEFINITIONS :
- (3) “ administrator ”
- Beginning on the Date of Purchase:
- Beginning after the 30-day waiting period:
- Products that are battery powered or plugin or have mechanical or
- EXCLUSIONS : This Plan does not cover the following:
- b. Pre-existing conditions at the time of your enrollment in this Plan
- d. Breakdown resulting from: improper installation or setup, use not
- f.Breakdown caused by acts of God or other disaster (whether natural,
- h. Products that are not owned by you, leased and rented products, or
- j.Normal periodic or preventative maintenance, inspections, cleaning, or
- l. Theft or loss of the covered product;
- n. Special needs accessories including, but not limited to: handset
- p.Covered products located outside the United States;
- r. Support or repairs to software, loss or damage to software due to any
- t. PCs that do not have administrator’s permissions. Covered PCs must be
- v. Breakdown resulting from failure to maintain proper levels of
- x.Products for business or commercial use;
- WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO PARTICIPATE IN
- 2. ARBITRATION PROCESS:
- 3. FEES:
- 4. ARBITRATION DECISION:
- YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY
- XXI. STATE CHANGES : IF YOU RESIDE IN ONE OF THE FOLLOWING STATES,
- ARIZONA RESIDENTS:
- CALIFORNIA RESIDENTS:
- WISCONSIN RESIDENTS: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY
- ARBITRATIONS OR OTHER REPRESENTATIVE PROCEEDINGS.” and (2) the
- Read More About This Manual & Download PDF:
- References
- Read User Manual Online (PDF format)
- Download This Manual (PDF format)
asurion AMZ-1420479-23 Complete Protect Protection Plan User Guide
We, the administrator or the retailer of this Plan may make available
additional products and services at a discount from time to time, for your consideration.
THESE SERVICE CONTRACT TERMS AND CONDITIONS (THE “PLAN”) CONSTITUTE A
LEGAL CONTRACT BETWEEN YOU, US, AND THE ADMINISTRATOR (AS DEFINED BELOW). THIS PLAN REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING AND INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT, AND THE PLAN LIMITS OUR LIABILITY TO YOU. PLEASE READ THIS PLAN CAREFULLY AND COMPLETELY. IF YOU DO NOT AGREE WITH ANY OF ITS PROVISIONS, YOU MAY CANCEL THIS PLAN AS OUTLINED IN THE CANCELLATION SECTION BELOW. FOR MORE INFORMATION ON HOW TO FILE A CLAIM, PLEASE REFER TO THE “HOW TO MAKE A CLAIM” SECTION BELOW.
This Plan is a service contract and is separate and distinct from any product or service warranty which may be provided by the manufacturer, importer, or seller, and does not extend the term of any original product or service warranty that the manufacturer, importer, or seller may have provided.
OBLIGOR :
The company obligated under this Plan in the District of Columbia and all states, except Florida, is: Asurion Service Plans, , who can be contacted at P.O. Box 805227, Chicago, IL 60680, or by phone at: 1-866-856-3882. In Florida, the company obligated under this Plan is
Asurion Service Plans of Florida, Inc.
who can be contacted at P.O. Box 805227, Chicago, IL 60680, or by phone at: 1-866-856-3882.
DEFINITIONS :
Throughout this Plan, the following words have the following meanings: (1) “ we, ” “ us ” and “ our ” mean the company obligated under this Plan, as stated in the Obligor section of this Plan; (2) “ you ” and “ your ” mean the individual that purchased this Plan for residential or personal purposes;
(3) “ administrator ”
means: (a) Asurion Services, LLC in the District of Columbia and all states, except Florida, and (b) Asurion Service Plans of Florida, Inc. in Florida. The administrator can be contacted at: P.O. Box 1340, Sterling, VA, 20167, or by phone at: 1-866-551-5924; (4) “ retailer ” means Amazon, the retailer of this Plan; (5) “ covered product (s) ” mean the Amazon purchased product(s) listed in Section V.(a) of this Plan that are owned by you and are covered by this Plan; (6) “ breakdown ” means the mechanical or electrical failure of the covered products caused by: (i) defects in materials and/or workmanship; (ii) power surge; or (iii) dust, heat or humidity; or (iv) normal wear and tear; or (v) a drop, a liquid spill, or a cracked screen due to unintentional and accidental damage from handling as a result of normal use (“ADH”) for portable products only; (7) “ replacement product ” means a NEW, REFURBISHED, OR REMANUFACTURED PRODUCT OF EQUAL OR SIMILAR FEATURES AND FUNCTIONALITY THAT PERFORMS TO THE FACTORY SPECIFICATIONS OF THE ORIGINAL COVERED PRODUCT. Technological advances may result in a replacement product with a lower selling price than the original product.
- INSTRUCTIONS : This Plan, including the terms, conditions, limitations and exclusions, and your receipt or enrollment confirmation, containing the commencement date of this Plan, constitute the entire agreement between you and us. Please keep this Plan and the receipt or enrollment confirmation for future reference; you may need them to obtain The covered products must be in good working condition prior to your enrollment in this Plan. You must follow the instructions in the owner’s manual for proper use, care, and maintenance of the covered product. Failure to follow the manufacturer’s maintenance and service guidelines may result in the denial of coverage under this Plan. We strongly recommend (but do not require as a condition of this Plan) the regular back up of data and software. If applicable, it is important that you back up all data files on your covered product prior to the commencement of service; repairs to your covered products may result in the deletion of such data files.
- TERM OF COVERAGE : The term and monthly billing for this Plan begins on the date you enroll as indicated on your enrollment confirmation and continues on a month-to-month basis unless There is an initial thirty (30) day waiting period after the Plan term begins before coverage for your covered product(s) becomes effective and you can make a claim. COVERAGE UNDER THE PLAN BECOMES EFFECTIVE THIRTY-ONE (31) DAYS AFTER YOUR PLAN TERM BEGINS; HOWEVER, YOU MAY HAVE ACCESS TO OTHER SERVICES AND SUPPORT THROUGH THIS PLAN FROM THE DATE YOUR PLAN TERM BEGINS AS INDICATED IN SECTION V. If this Plan is cancelled, coverage will continue for thirty (30) days after the cancellation date. In the event your covered product is being serviced by us when this Plan is cancelled, the term of this Plan will be extended until the covered repair has been completed and the covered product or a replacement or reimbursement has been delivered or provided to you.
- WHAT IS COVERED : This Plan covers replacement costs or parts and labor costs to repair your covered product(s) in the event it experiences a breakdown that is not covered under any insurance policy, warranty, or other service contract, up to the Plan Limits of Liability in Section If your covered product experiences a breakdown, we will, at our sole discretion: (1) repair the covered product, (2) replace the covered product with a replacement product, or (3) reimburse you for authorized repairs to the covered product, or (4) reimburse you the purchase price of the covered product, excluding sales tax, as indicated on your receipt in the form of a gift card, electronic payment, or check. Non-original parts may be used for repair of the covered product. Please note: if your covered product is still in the manufacturer’s warranty period, service under this Plan may result in service denial from the manufacturer’s warranty. On-site, depot, or carry-in service may be available; the administrator will inform you what type of service your covered product qualifies for when you file your claim.
Beginning on the Date of Purchase:
- For all electronic products: your coverage includes unlimited access to technical assistance and support for your covered You can access tech support for your covered product(s) through 1-844-693-6231 during the term of this Plan. Tech Help terms of service can be accessed at page 9.
Beginning after the 30-day waiting period:
- For All products – Breakdowns as defined in Section II (6).
- Repair, reimbursement or replacement of accessories included in the box by the manufacturer (e.g. game controllers, additional camera lenses, 3-D glasses (for 3-D TVs and/or 3D Blu-ray players) and remote controls).
- Battery replacement for laptops, cameras, and handheld electronic devices connected to a network : this Plan will provide one (1) replacement every 12 months of an embedded or rechargeable battery. The battery will qualify for replacement only if it fails to accept or hold a charge. NOTE: Disposable batteries (including but not limited to AA, AAA, C, LR44, DL123A) do not qualify for this
- For watches this Plan includes a one (1) time refurbishment of your product. The refurbishment will include the following: buffing of light scratches to the band, case and buckle, polishing and, when possible, re-plating of the case and This Plan also includes coverage for a breakdown due to watch crystal cracks or scratches, watch crowns, watch stems, bands or bracelets.
- For jewelry the Plan also covers loss of diamond or gemstone due to a defect in the setting, as well as scratches, dents, prong re-tipping, broken chains, links, clasps, or bands and broken earring
- For furniture, backpacks, rugs and luggage , this Plan includes coverage for seam separation and slippage, rips, tears, burns or heat marks up to 1 inch, or punctures, unintentional stains attributed to a single occurrence, unintentional dents and
- For mattresses, this Plan includes coverage for unintentional stains attributed to a single occurrence, rips, tears, burns or heat marks up to 1 inch, and
- COVERED PRODUCTS: This Plan covers an unlimited quantity of the following products purchased from Amazon, not to exceed one (1) year of age at time of enrollment:
“Protection eligible” notation will appear on an individual product page on Amazon.com
Products that are battery powered or plugin or have mechanical or
electrical parts such as:
- Desktops and
- Computer peripherals including external hard drives and
- Shredders, scanners, and
- TV’s and DVD
- Gaming
- Speakers and
- Audio/video streaming devices and sound recording
- Audio and Virtual Reality
- Cameras and video
- Handheld electronic devices connected to a network, including but not limited to tablets and e-readers.
- Major Appliances (excluding HVAC and water heaters): Refrigerators and freezers, Ovens, Ranges, Cook-tops, Microwaves, Washers and dryers, including washer/dryer combinations, Dishwashers, Air
- Smart Home Products such as Smart thermostats, Smart door locks, Smart home security cameras, Smart video doorbells, Smart device hubs, Smart light dimmers, Smart smoke detectors, Smart carbon monoxide
- Portable Electronic Devices, Personal Wearables and Personal Care Electronics including but not limited to health and fitness bands, smart watches, hair dryers and hair irons, hair
- Home improvement, Lawn and Garden Equipment and Tools including but not limited to lawn mowers and leaf
- Kitchen and Household Electronics including but not limited to small kitchen appliances, grills, vacuums, humidifiers, floorcare devices, irons and power
- Toys including but not limited to drones, electronic games, ride-on
- Auto-accessories including but not limited to AND
- Jewelry and Watches.
- Baby care and nursery products such as Breast pumps, Cribs, Strollers, car
- Luggage, Backpacks, Furniture, Rugs and
- Sporting Goods including but not limited to exercise equipment and bikes (excluding gas powered bikes).
- Musical
- Eyewear such as
- CARRY-IN SERVICE: If a covered product requires service, we may instruct you to bring it to an authorized repair center for repair. Non-original parts may be used for the repair of the covered
- REPAIR DEPOT SERVICE : If the covered product is not eligible for on-site service, it may be shipped to a designated repair depot for We will send you a prepaid shipping label and instructions for shipping your covered product to our authorized service center. Non-original parts may be used for repair of the covered product.
- REPLACEMENT PRODUCTS & REIMBURSEMENTS: If we opt to provide you a replacement product, we reserve the right to take ownership of the original covered product. We may require that you return or send pictures of the original covered product to us as a condition to receiving a replacement product or We will pay shipping and handling costs associated with the return of the original covered product.
- HOW TO MAKE A CLAIM : In the event your covered product experiences a breakdown, at least thirty-one (31) days after the term begins, you may file a claim by going online to asurion.com/amazon twenty-four (24) hours a day, seven (7) days a week or by calling 1-866-551-5924. You must file your
claim with us prior to having service for coverage to apply; all repairs or replacements must be authorized in advance. Unauthorized repairs or replacements may not be covered. If the return window for your covered product is still open, we may instruct you to return the covered product to the retailer depending on the type of breakdown your covered product experienced. We may require you to fill out a claim facilitation form. You will be provided with instructions on how to send the completed claim form along with your original sales receipt and/or provide a copy of your State or Federal issued photo I.D., other than a professional or student license or I.D., prior to receiving service or replacement or reimbursement for the covered product. Any abuse of this Plan by you, or discovery by us of fraud or material misrepresentation made by you or with your knowledge in obtaining coverage or in the presentation of a claim, including but not limited to filing a claim for a product not belonging to you, may result in claim denial and/or cancellation of this Plan as set forth in Section XIV. The cost to repair or replace the covered product cannot exceed the available balance of funds under the aggregate claim limit as set forth in Section X. All claims under this Plan must be reported to us within sixty (60) days after cancellation of this Plan is effective.
- INTERNATIONAL SERVICE : Service under this Plan is not available outside of the United
- SERVICE FEE : There is no service fee required to receive service on your covered
- PAYMENT : You agree to pay the monthly fee for this Plan, which was disclosed to you at the time you enrolled in this Plan. The monthly fee, plus applicable taxes, will be billed on a monthly basis to the credit or debit card you provided when you enrolled. Non-payment by you will result in cancellation of the It is your responsibility to maintain with us a valid credit or debit card to authorize Amazon to process payments, and failure to do so may result in cancellation of the Plan.
- PLAN LIMITS OF LIABILITY :
- PER CLAIM LIMIT : The maximum amount we will pay for any single claim is the purchase price of the covered product excluding sales tax not to exceed $5,000.00. Our liability in the event of any single claim is the least of the cost of: (i) authorized repairs; (ii) replacement with a replacement product; (iii) reimbursement for authorized repairs or replacement; or (iv) the purchase price of the covered product excluding sales
- AGGREGATE CLAIM LIMIT: The maximum amount we will pay for all claims made in any twelve (12) month rolling period is $5,000. The twelve (12) month rolling period begins on the date of your first
- IF YOU MEET OR EXCEED THE AGGREGATE LIMIT: In the event you reach the aggregate claim limit and a covered product requires additional repairs, we may be able to provide you with information on how to get the covered product repaired, however, we will not be responsible for any costs related to these If you make a claim and the cost to repair or replace your covered product will exceed the remaining balance of your aggregate claim limit, we will either send you a check, electronic payment or gift card for the remaining balance of your aggregate claim limit or complete the final repair or replacement of your covered product, at our sole discretion. A covered claim will apply to your aggregate claim limit for twelve
(12) months after the claim is completed, at which point that claim will roll off your account and the associated costs will be added back to your available aggregate claim limit balance. You will continue to have access to technical assistance and support for the duration of your enrollment in this Plan, regardless of your aggregate claim limit balance.
- IF YOU RE-ENROLL OR MAKE CHANGES TO YOUR PLAN: If you terminate this Plan and re-enroll at a later time the cost of any claims made under this Plan within twelve (12) months of your re-enrollment date will remain on your account and apply to the aggregate claim limit when you re-enroll.
EXCLUSIONS : This Plan does not cover the following:
- Consequential, incidental, or indirect damages or losses, including but not limited to: loss of use, loss of business, loss of profits, loss of data, down-time, and charges for time and effort;
b. Pre-existing conditions at the time of your enrollment in this Plan
or breakdowns prior to your coverage effective date under this Plan;
- Cosmetic defects, damage to or failures of non-operational components that do not inhibit the proper operation and performance of a covered products, including but not limited to: appearance parts, decorative finishing, finish defects, nonfunctional plastic, trim, attachments, and accessories (except as otherwise stated herein);
d. Breakdown resulting from: improper installation or setup, use not
approved in the manufacturer’s specifications, unauthorized modifications, alterations, repairs or repair personnel;
- Breakdown due to any design flaw or systemic manufacturing defect, or breakdown covered by a manufacturer’s warranty or manufacturer’s recall in effect at the time of the failure;
f.Breakdown caused by acts of God or other disaster (whether natural,
man-made, local or catastrophic), abuse, acts of war, civil disorders, corrosion, dirt, mold, earthquake, fire, hail, insects or other animals, liquid immersion, malicious mischief, misuse, negligence, nuclear accident, riot, rust, sand, smoke, storm, terrorist attack, vandalism, and wind;
- Costs associated with installation or uninstallation of any covered product;
h. Products that are not owned by you, leased and rented products, or
products that are not customarily located in your specified residence or is not in your possession;
- Breakdown that occurs either while the covered product is in storage or in the course of transit, delivery, or redelivery, other than when the covered product is located at our designated repair location;
j.Normal periodic or preventative maintenance, inspections, cleaning, or
tune-ups, minor adjustments and settings outlined in the owner’s manual that the user can perform, or costs related to any service request which results in customer education or no problem found;
- Covered products whose serial number has been altered or removed;
l. Theft or loss of the covered product;
- Liability or damage to property, or injury or death to any person arising out of the operation, maintenance, or use of the covered product;
n. Special needs accessories including, but not limited to: handset
boosters and visual ring indicators;
- Parts intended for periodic replacement including, but not limited to: adapters, batteries except as indicated in Section V, bulbs, external power supplies, styluses, antennas, cartridges;
p.Covered products located outside the United States;
- Data or software of any kind that is deleted or damaged during a repair or replacement under this Plan;
r. Support or repairs to software, loss or damage to software due to any
cause, including but not limited to: computer virus, worm, Trojan programs, adware, spyware, firmware or any other software program;
- Burned-in images and pixel failure within designed specifications or that do not materially alter the functionality of the covered product;
t. PCs that do not have administrator’s permissions. Covered PCs must be
able to upload and download software;
- Interior and exterior pipes or plumbing;
v. Breakdown resulting from failure to maintain proper levels of
lubricants or coolants, resulting from using contaminated or improper lubricants;
- Custom-built PCs;
x.Products for business or commercial use;
- Products not listed in Section a. Covered Products of this Plan.
- RENEWAL : This Plan renews month-to-month unless
- TRANSFER : This Plan is not
- CANCELLATION : This Plan is provided on a month-to-month basis and can be cancelled by you at any time for any reason by notifying the administrator at O. Box 1818, Sterling, VA 20167 or via amazon.com/yourmembershipsandsubscriptions or by calling 1-866-551-5924. This Plan may be cancelled by us or the administrator for any reason by notifying you in writing at least thirty (30) days prior to the effective date of cancellation, which notice will state the effective date and reason for cancellation. We may cancel this plan immediately if we discover any abuse of this plan, or any fraud or material misrepresentation made by you or with your knowledge in obtaining coverage or in the presentation of a claim, including but not limited to filing a claim for a product not belonging to you. If the Plan is cancelled: (a) by you within thirty (30) days of the receipt of this Plan, you will receive a full refund of all monthly Plan payments made by you under this Plan, including sales tax, less the cost of any claims that have been paid or repairs that have been made; or (b) by you after thirty (30) days of the receipt of this Plan, or cancelled by us or the administrator at any time, you will receive a refund equal to 100% of the pro-rata amount of the unearned portion of the monthly Plan fee, less the cost of any claims that have been paid or repairs that have been made. In Alabama, Arkansas, California, Colorado, District of Columbia, Georgia, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Jersey, New Mexico, New York, South Carolina, Texas, Washington, Wisconsin and Wyoming, and any other jurisdiction(s) required by law, any refund owed and not paid or credited within thirty (30) days of cancellation will include a 10% penalty per month. Upon any cancellation by you, us, or the administrator, after the coverage effective date, you will have coverage provided at no cost for an additional thirty (30) days after the date of cancellation of this Plan. All claims under this Plan must be reported to us within sixty (60) days after cancellation of the Plan.
- INSURANCE SECURING THIS PLAN : This Plan is not an insurance policy; however, our obligations under this Plan are insured under an insurance policy issued by Continental Casualty Company, 151 N. Franklin St., Chicago, IL 60606. If you have filed a claim under this Plan and we fail to pay or provide service within sixty (60) days, or if we become insolvent or otherwise financially impaired, you may contact Continental Casualty Company directly at 1-800-831-4262 to report your
- CHANGES TO THE PLAN : WE MAY CHANGE THE MONTHLY CHARGE(S) FOR THE PLAN, ADMINISTRATION OF THE PLAN, OR THESE TERMS AND CONDITIONS FROM TIME TO TIME UPON THIRTY (30) DAYS WRITTEN NOTICE TO YOU. SUCH NOTICE MAY BE PROVIDED IN A SEPARATE MAILING OR EMAIL OR BY ANY OTHER REASONABLE METHOD. IF YOU DO NOT AGREE TO THE MODIFIED CHARGES OR TERMS OF THE AGREEMENT, YOU MAY CANCEL THE PLAN BY NOTICE TO US OR THE ADMINISTRATOR AT ANY TIME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. THE PAYMENT OF APPLICABLE CHARGES BY YOU, OR A REQUEST FOR SERVICE UNDER THE PLAN, AFTER RECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMS AND CONDITIONS WILL BE DEEMED TO BE ASSENT BY YOU TO THE CHANGE(S) IN THE CHARGES, TERMS OR
- LIMITATION OF LIABILITY : IN NO EVENT WILL THE PLAN OBLIGOR, ADMINISTRATOR, OR RETAILER BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURIES OR LOSS OF INCOME ARISING OUT OF, OR CONNECTED TO, THE PROVISION OF THE PLAN, REPAIR OR REPLACEMENT OF COVERED PRODUCTS UNDER THE PLAN AND CAUSED BY NEGLIGENCE, ERROR, MISTAKE, OR OMISSION ON THE PART OF THE PLAN OBLIGOR OR ADMINISTRATOR OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, AND
- FORCE MAJEURE : We are not responsible for any delay or failure in performance of any part of this Plan to the extent that such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, regulatory agency requirement civil or military authority, acts of God, or other similar causes beyond our
- NON-WAIVER : Our failure in any circumstance to require strict compliance with any term or condition in this Plan will not be deemed a waiver by us of any such term or condition under any other circumstance or of any other term or condition in this
- ARBITRATION OR SMALL CLAIMS COURT AGREEMENT : Please read this section carefully. It affects your rights. For the purposes of this Arbitration or Small Claims Court Agreement (referred to as the “A.A”) only, references to “we” and “us” also include (1) the respective parents, subsidiaries, affiliates, agents, employees, successors and assigns of the Obligor and administrator of this Plan (as defined above).Most of your concerns about this Plan can be addressed simply by contacting us at 844-529-2692. In the event we cannot resolve any dispute with you, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL YOU AND WE AGREE TO
WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO PARTICIPATE IN
CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS.
- THIS A.:
- Survives termination of this
- Is governed by the Federal Arbitration
- Covers any dispute you have with us concerning or related, directly or indirectly, to this
- Does not prevent you from bringing an individual action against us in small claims court instead of pursuing
- Does not prevent you from informing any government agency of your They may be able to seek relief on your behalf.
2. ARBITRATION PROCESS:
- How to start
- Send a written Notice of Claim by certified mail to Legal Department, O. Box 110656, Nashville, TN 37122-0656.
- Describe the dispute and relief sought in the
- If the dispute is not resolved within thirty (30) days of receipt of the Notice, you may start an arbitration with the American Arbitration Association (“AAA”). You can contact the AAA and obtain a free copy of their rules and forms at adr.org or 1-800-778-7879.
- Arbitration will be conducted by the AAA following the Consumer Arbitration Rules (“Rules”). A court may decide the enforceability of this A. The arbitrator will decide all other issues. The arbitrator is bound by this A.A.
- Any hearing will take place in the county or parish of your mailing address unless you and we agree to a different
3. FEES:
- In most cases we will pay all filing, administration, and arbitrator If the arbitrator finds that your dispute was filed to harass or is frivolous, the Rules govern payment of the fees.
- We will reimburse you for a filing fee paid to the If you are unable to pay a filing fee, we will pay it if you send us a written request.
4. ARBITRATION DECISION:
- You and we agree not to disclose any settlement offers to the arbitrator before the arbitrator issues a
- If the arbitrator finds in your favor and the damages awarded are greater than the last settlement we offered, we will do the
- We will pay you the greater of the damages or $7,500.
- We will also pay your reasonable attorney’s fees and arbitration You may not recover duplicate awards of fees and expenses.
- We waive any right we have to recover attorney’s fees and expenses from you if we win the
- If you seek declaratory or injunctive relief, it can only be awarded as necessary to provide you
YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED
CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise, the arbitrator may not consolidate your dispute with any other person’s dispute and may not preside over any form of representative proceeding. If this specific provision is found to be unenforceable, then the entirety of this A. A. is null and void.
XXI. STATE CHANGES : IF YOU RESIDE IN ONE OF THE FOLLOWING STATES,
THESE PROVISIONS APPLY TO YOU:
ARIZONA RESIDENTS:
If your written notice of cancellation is received prior to the expiration of the term, we will not deduct the cost of any claims that have been paid or repairs that have been made from your refund. The pre-existing condition exclusion does not apply to conditions occurring prior to the sale of the consumer product by the retailer, its assignees, subcontractors, and/or representatives, or to any conditions that the Obligor or retailer knew or reasonably should have known. The Arbitration Agreement of this Plan does not preclude you from contacting the Consumer Protection Division of the Arizona Department of Insurance and Financial Institutions. Item (d) of the EXCLUSIONS section is deleted and replaced with the following: “Breakdown resulting from: improper installation or setup, use not approved in the manufacturer’s specifications, unauthorized modifications , alterations, repairs or repair personnel while owned by you.”
CALIFORNIA RESIDENTS:
For all products other than home appliances and home electronic products, the fourth sentence of the CANCELLATION provision is deleted and replaced with the following: If the Plan is cancelled: (a) within sixty (60) days of the receipt of this Plan, you shall receive a full refund of the price paid for the Plan less the cost of any claims that have been paid or repairs that have been made, or (b) after sixty (60) days, you will receive a pro rata refund, less the cost of any claims that have been paid or repairs that have been made. We may only cancel this Plan before the end of the agreed Plan term for nonpayment of the Plan fee, fraud or material breach by You to Us, or the Plan being discontinued by Us or Amazon.
The term and monthly billing for this Plan begins on the date you enroll indicated on your enrollment confirmation and continues to renew on a month- to-month basis unless cancelled. You may cancel this Plan at any time for any reason by contacting us at DepartmentC@asurion.com, 1-866-551-5924, or by visiting amazon.com/yourmembershipsandsubscriptions, or by writing the administrator at: P.O. Box 1818, Sterling, VA 20167. This Plan is offered on a month-to- month basis, retailer may offer other service contract programs and benefits which may be provided to you by retailer. We obtained your affirmative consent to the continuous monthly term of this Plan when you enrolled in the Plan.
In California, the form number for use under this Plan is as follows: 599 (06/23)v.AMZ-1
CONNECTICUT RESIDENTS: In the event of a dispute with us or the administrator that cannot be resolved, you may contact the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The complaint must contain a description of the dispute, the purchase price of the covered product, the cost of repair of the covered product and a copy of this Plan.
FLORIDA RESIDENTS: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation.
GEORGIA RESIDENTS: We may only cancel this Plan before the end of its term on the grounds of fraud, material misrepresentation, or nonpayment. The cancellation will be in writing and dated thirty (30) days prior to the effective date of cancellation. The fourth sentence of the CANCELLATION section is deleted and replaced as follows:
“If the Plan is cancelled: (a) by you within thirty (30) days of the receipt of this Plan, you will receive a full refund of all monthly Plan payments made by you under this Plan, including sales tax, or (b) by you after thirty (30) days of the receipt of this Plan, you will receive a refund equal to 100% of the pro-rata amount of the unearned portion of the term Plan fee.” If this Plan is cancelled prior to the end of the term, we will not deduct the cost of any claims that have been paid or repairs that have been made from your refund. This Plan excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you. As stated in the Arbitration Agreement of this Plan, either party may bring an individual action in small claims court. The Arbitration Agreement provision does not preclude you from bringing issues to the attention of federal, state, or local agencies or entities of your dispute. Such agencies or entities may be able to seek relief on your behalf. You and we agree to waive the right to a trial by jury and waive the right to participate in class actions and class arbitrations or other similar proceedings. Nothing contained in the arbitration provision will affect your right to file a direct claim under the terms of this Plan against Continental Casualty Company pursuant to O.C.G.A. 33-7-6.
MAINE RESIDENTS: The third sentence of the CANCELLATION provision is deleted and replaced with the following: “Upon fifteen (15) days’ notice, we may cancel this Plan if we discover any abuse of this plan, or any fraud or material misrepresentation in obtaining coverage or in the presentation of a claim, including but not limited to filing a claim for a product not belonging to you.”
MINNESOTA RESIDENTS: The third sentence of the CANCELLATION provision is deleted and replaced with the following: “Upon five (5) days’ notice, we may cancel this Plan if we discover any abuse of this plan, or any fraud or material misrepresentation in obtaining coverage or in the presentation of a claim, including but not limited to filing a claim for a product not belonging to you.”
NEVADA RESIDENTS: The first sentence of the Changes to the Plan section is deleted and replaced with the following: “WE MAY CHANGE THE MONTHLY CHARGE FOR THE PLAN, OR WE MAY CHANGE THESE TERMS AND CONDITIONS AT THE END OF YOUR COVERAGE TERM AT TIME OF PLAN RENEWAL, WITH AT
LEAST 15 DAYS WRITTEN NOTICE TO YOU. Any changes to these Terms and Conditions that are required to be filed in advance by us with the Nevada Division of Insurance must be approved by the Nevada Division of Insurance prior to becoming effective.” If this Plan has been in force for a period of seventy
(70) days, we may only cancel before the expiration of the Plan term due to the following reasons: 1) You engage in fraud or material misrepresentation in obtaining this Plan or in filing a claim for service under this Plan upon fifteen (15) days’ notice to you; 2) You commit any act, omission, or violation of any terms of this Plan after the effective date of this Plan which substantially and materially increases the service required under this Plan; or 3) Any material change in the nature or extent of the required service or repair, including unauthorized service or repair, which occurs after the effective date of this Plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time this Plan was purchased or last renewed. This Plan is not transferable. The fourth sentence of the Cancellation section, is deleted and replaced with following: If the Plan is cancelled: (a) by you within thirty (30) days of the receipt of this Plan, you will receive a full refund of the monthly Plan payment made by you under this Plan, including sales tax or (b) by you after thirty (30) days of the receipt of this Plan, you will receive a refund equal to 100% of the pro-rata amount of the unearned portion of the monthly Plan fee, If we fail to pay the cancellation refund as stated in the cancellation provision, the penalty will be 10% of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. The following language is added to the Cancellation section, “If we or the administrator cancel this Plan, you shall receive a refund of one hundred percent (100%) of the pro-rata unearned portion of the Plan price.” The following language is added to Section XI (d) of EXCLUSIONS section: “if the products is modified or altered without our authorization, we will only provide applicable coverage that is not related to the unauthorized modification or alteration or any damages arising therefrom, unless such coverage is otherwise excluded by this Plan.” If your claim involves the loss of plumbing, heating, or cooling and renders your dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling: (i) repairs will commence within twenty-four
(24) hours after you report your claim; and (ii) if we determine repairs cannot be practicably completed within three (3) calendar days after you report your claim, we will notify the Commissioner and send you a status report within three (3) calendar days after you report your claim. Contact us at 1-866-551- 5924 with questions, concerns, or complaints about this Plan. In the event you do not receive satisfaction under this Plan, complaints or questions about this Plan may be directed to the Nevada Department of Insurance, telephone 888-872-3234.
NEW HAMPSHIRE RESIDENTS: If the Plan is cancelled by us, we will not deduct the cost of any claims that have been paid or repairs that have been made from your refund. Contact us at 1-866-551-5924 with, questions, concerns, or complaints about the Plan. In the event you do not receive satisfaction under this Plan, you may contact the State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301, telephone number: 1-603-271-2261. The Arbitration Agreement provision of this Plan is subject to Revised Statutes Annotated 542.
NEW MEXICO RESIDENTS: If this Plan has been in force for a period of seventy (70) days, we may not cancel before the expiration of the term or one (1) year, whichever occurs first, unless any of the following occurs, in which case notice of cancellation will be made with fifteen (15) days’ notice to you: (1) you fail to pay any amount due; (2) you are convicted of a crime which results in an increase in the service required under the Plan; (3) you engage in fraud or material misrepresentation in obtaining this Plan, or in the presentation of a claim, including but not limited to filing a claim for a product not belonging to you; (4) you commit any act, omission, or violation of any terms of this Plan after the effective date of this Plan which substantially and materially increase the service required under this Plan; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of this Plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time you purchased this Plan.
NORTH CAROLINA RESIDENTS: The purchase of this Plan is not required either to purchase or to obtain financing for the product. We may non-renew but may only cancel this Plan prior to the expiration of the term for non- payment by you or for violation of any of the terms and conditions of this Plan.
OKLAHOMA RESIDENTS: Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial use references in this Plan. Oklahoma license number: 44199294.
OREGON RESIDENTS: The Arbitration Agreement provision of this Plan is replaced with the following: “For the purpose of this Arbitration Agreement, references to “we” and “us” also include the respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns of the Plan Obligor and administrator, as defined above; and the retailer and its wholly owned subsidiaries, affiliates, agents, employees, successors, and assigns. Most of your concerns about the Plan can be addressed simply by contacting us at 1-866-551-5924. In the event we cannot resolve any dispute, you and we may, in a separate agreement, consent to arbitration. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION,
CLASS ARBITRATION OR OTHER SIMILAR PROCEEDING. Any arbitration proceedings will be conducted within the state of Oregon.”
SOUTH CAROLINA RESIDENTS: Contact us at 1-866-551-5924 with, questions, concerns, or complaints about the program. In the event you do not receive satisfaction under this Plan, complaints or questions about this Program may be directed to the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000., Columbia, SC 29201, or 800-768-3467.
TEXAS RESIDENTS: If you purchased this Plan in Texas, unresolved complaints concerning us or questions concerning us or questions concerning our registration may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, telephone number (512) 463- 6599 or 800-803-9202. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Plan is returned to us. Texas license number: 116.
UTAH RESIDENTS: NOTICE: This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Plan is not guaranteed by the Utah Property and Casualty Guaranty Association. The second and third sentences of Section XIV. CANCELLATION are deleted and replaced with the following: “This Plan may be cancelled by us or the administrator prior to the expiration of the term for: (i) material misrepresentation or substantial breaches of contractual duties, conditions, or warranties, by notifying you in writing at least thirty (30) days prior to the effective date of cancellation; or (ii) for nonpayment of premium by notifying you in writing at least ten (10) days prior to the effective date of cancellation. Such cancellation notifications will state the effective date and reason for cancellation.” Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible. The following sentence in Section V “ WHAT IS COVERED ” is deleted: “Non- original parts may be used for repair of the covered product.” and replaced with: “Non-original parts may be used for repair of the covered product if original manufacturers’ parts are unavailable.”
VIRGINIA RESIDENTS: Contact us at 1-866-551-5924 with, questions, concerns, or complaints about the program. In the event you do not receive satisfaction under this Plan within sixty (60) days after your request, you may contact the Virginia Department of Agriculture & Consumer Services, Office of Charitable & Regulatory Programs to file a complaint .
WASHINGTON RESIDENTS: If we fail to act on your claim, you may contact Continental Casualty Company directly at 1-800-831-4262. You are not required to wait sixty (60) days before filing a claim directly with Continental Casualty Company. The third sentence of the CANCELLATION provision is deleted and replaced with the following: “This Plan will be cancelled upon twenty-one (21) days’ notice if we discover any abuse of this Plan, or any fraud or material misrepresentation in obtaining coverage or in the presentation of a claim, including but not limited to filing a claim for a product not belonging to you.”
WISCONSIN RESIDENTS: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY
THE OFFICE OF THE COMMISSIONER OF INSURANCE. We may only
cancel this contract before the end of the agreed contract term, upon five (5) days’ notice to you, on the grounds of nonpayment, fraud, a material misrepresentation, including but not limited to filing a claim for a product not belonging to you, made by you to us, or a substantial breach of duties by you relating to the covered product or its use. The fifth and sixth sentence of the first paragraph of the ARBITRATION OR SMALL CLAIMS COURT AGREEMENT provision of this contract is amended as follows: (1) “TO RESOLVE DISPUTES, YOU MAY CHOOSE EITHER BINDING ARBITRATION, PURSUANT TO THE ARBITRATION AGREEMENT PROVISION OF THIS CONTRACT, OR SMALL CLAIMS COURT. BY AGREEING TO THIS CONTRACT, YOU AND WE WAIVE THE RIGHT TO HAVE DISPUTES RESOLVED THROUGH COURTS OF GENERAL JURISDICTION, THE RIGHT TO TRIAL BY JURY, AND TO PARTICIPATE IN CLASS ACTIONS, CLASS
ARBITRATIONS OR OTHER REPRESENTATIVE PROCEEDINGS.” and (2) the
sentence ““Is governed by the Federal Arbitration Act.” of Section XX sub- section (1)(b) is deleted in its entirety.
WYOMING RESIDENTS: Prior notice is not required if the reason for cancellation is nonpayment of the Plan fee, a material misrepresentation by you to us or retailer, or a substantial breach of duties by you relating to the retailer service or its use. The ARBITRATION OR SMALL CLAIMS COURT AGREEMENT provision in this Plan is replaced with the following: “If there are disputes between you and us that are not resolved by negotiations, you and we may in a separate written agreement voluntarily consent to arbitration. Any arbitration proceedings will be conducted within the state of Wyoming.” For the purpose of this Arbitration Agreement, references to “we” and “us” include the Plan Obligor and Administrator, as defined above, and their respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns.
Administered by:
Asurion Services, LLC
Asurion Service Plans of Florida, Inc.
P.O. Box 1340 • Sterling, VA 20167-1340
© 2023 Asurion, LLC • All Rights Reserved. 599 v.AMZ-1 (06/23)
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