Jewel Safe™ Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFLLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS SPECIFIED OTHERWISE IN THE SPECIAL STATE REQUIREMENTS.

DEFINITIONS. Throughout this Service Agreement, the words "We”, “Us”, “ Our”, “ Provider" means the party or parties obligated to provide service under this Service Agreement as the service agreement obligor/provider. This Service Agreement is an agreement between You and the obligor/provider of this Service Agreement, Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114; unless specified otherwise in the SPECIAL STATE REQUIREMENTS section shown at the end of this document (Residents of FL: this Service Contract is an agreement between You and Technology Insurance Company, Inc., License No. 03605, 59 Maiden Lane, 6th Floor, New York, New York, 10038) (Residents of WA: this Service Contract is an agreement between You and AMT Warranty Corp., 59 Maiden Lane, 43rd Floor, New York, NY 10038). “Administrator” means the party that will administer the services outlined in this Service Agreement, Jewel Safe LLC, 9600 Parkside Drive, Knoxville, TN 37922, 1-800-366-4010; unless specified otherwise in the SPECIAL STATE REQUIREMENTS section shown at the end of this document. “Merchandise” means the item(s) which You purchased from Jewelry Television® (“Retailer”) concurrently with and which is covered under this Service Agreement. "You” and “Your” means the purchaser of the Merchandise that is covered by this Service Agreement.

SERVICE AGREEMENT INSTRUCTIONS. Your Service Agreement will be included in the package with the merchandise for which this Service Agreement applies. You must keep this Service Agreement terms and conditions document and Your receipt of purchase to obtain service under this Service Agreement.

OBTAINING SERVICE. To file a claim and for instructions on obtaining service under this Service Agreement for Your Merchandise, contact the Administrator at 1-800-366-4010. Please have Your Service Agreement handy and be prepared to provide the Administrator with details regarding the nature of the issue with Your Merchandise. You must call the Administrator prior to servicing Your Merchandise, and all repairs must be authorized in advance by the Administrator. The Administrator will instruct You to mail Your Merchandise (with a pre-paid label the Administrator will send to You) to obtain service. For covered claims, We will pay the shipping cost to return the Merchandise to You.

WHAT IS COVERED. Under this Service Agreement, We agree to provide the necessary materials and labor costs to repair Your Merchandise to a usable and wearable condition; provided, such repair is necessitated by Merchandise wear during normal usage of the Merchandise under the conditions for which it was designed (including defects resulting from loss of gemstones due to a defect in the setting), and that the Merchandise is not covered under any other insurance, warranty, guarantee and/or service agreement. We will repair or replace the Merchandise at Our sole discretion, and materials used to repair or replace Your Merchandise may be non-original manufacturer materials of like kind and quality. For loose gemstones or gemstones in other Merchandise, We reserve the right to re-facet, re-polish, or re-cut any gemstone submitted for service under this Service Agreement, and may elect to do so as long as the gemstone weight loss of such action would not differ by more than ten percent (10%) of the original weight. If the re-facet, re-polish, or re-cut of the gemstone would result in a greater than ten percent (10%) weight loss, We will replace the original gemstone. If We do not have access to a duplicate stone, We will reimburse You up to the original purchase price of the covered Merchandise; excluding taxes and shipping costs, and this Service Agreement will be fulfilled and all obligations satisfied. In no event shall the Administrator or We be liable for any damages as a result of the unavailability of a duplicate stone. Any and all parts or Merchandise replaced under this Service Agreement become the Administrator’s or Our property in their entirety. NOTE: This Service Agreement does not cover repair or replacement of the Merchandise for any of the causes, or provide coverage for any of the losses, set forth in the section entitled “WHAT IS NOT COVERED”.

DEDUCTIBLE. You are not required to pay a deductible to obtain service for Your Merchandise under this Service Agreement.

COVERAGE TERM. The term of this Service Agreement begins upon its date of purchase and continues for two (2) years. If Your Merchandise is being repaired or en route to repair at the time the term of this Service Agreement expires, the coverage will extend until service or repair is complete. This Service Agreement does not replace, but supplements, any other warranties/guarantees applicable to the covered Merchandise. This Service Agreement is inclusive of any manufacturer’s warranty; it does not replace the manufacturer’s warranty, but provides certain benefits during the term of the manufacturer’s warranty. During the manufacturer’s warranty period, any materials, labor or shipping costs covered by that warranty are the sole responsibility of the manufacturer. Upon expiration of the manufacturer’s warranty, this Service Agreement continues to provide many of the manufacturer’s benefits as well as certain additional benefits listed within this Service Agreement. NOTE: This Service Agreement will no longer provide coverage if the Merchandise is used as a trade-in toward another item; in such instances, a new Service Agreement will need to be purchased on the new item(s).

LIMITATION OF LIABILITY. The maximum liability under this Service Agreement is up to the purchase price You paid for the Merchandise (minus taxes). In the event that the total of all paid claims equals the purchase price paid for the Merchandise (taxes excluded), or We replace the Merchandise, We shall have satisfied all obligations under this Service Agreement. This Service Agreement provides the one-time replacement of the Merchandise only.

WHAT IS NOT COVERED. THIS SERVICE AGREEMENT DOES NOT COVER REPAIR OR REPLACEMENT OF THE MERCHANDISE FOR ANY OF THE FOLLOWING CAUSES, OR PROVIDE COVERAGE FOR ANY OF THE FOLLOWING LOSSES: (1) INCIDENTAL, CONSEQUENTIAL, OR SECONDARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DELAY IN RENDERING SERVICE UNDER THIS SERVICE AGREEMENT OR FOR LOSS OF USE DURING THE PERIOD THAT THE MERCHANDISE IS AWAITING REPAIR OR REPLACEMENT; (2) PRE-EXISTING CONDITIONS INCURRED OR KNOWN TO YOU (“PRE-EXISTING” MEANS A CONDITION THAT WITHIN ALL REASONABLE PROBABILITY RELATES TO THE FITNESS OF YOUR MERCHANDISE PRIOR TO ISSUANCE OF THIS SERVICE AGREEMENT); (3) DAMAGE FROM ACCIDENT, ABUSE, MISUSE, INTRODUCTION OF FOREIGN OBJECTS INTO THE MERCHANDISE, TAMPERING WITH PRONGS, BEZELS, OR OTHER ELEMENTS DESIGNED TO SECURE DIAMONDS OR GEMSTONES, UNAUTHORIZED MERCHANDISE MODIFICATIONS OR ALTERATIONS; (4) FAILURE TO FOLLOW THE MANUFACTURER'S INSTRUCTIONS; (5) THIRD-PARTY ACTIONS (FIRE, COLLISION, VANDALISM, THEFT, ETC.); (6)THE ELEMENTS, OR ACTS OF GOD; (7) LOSS OR DAMAGE CAUSED BY WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, RIOT, STRIKE, LABOR DISTURBANCE, LOCK OUT OR CIVIL COMMOTION; (8) BATTERIES AND OR DAMAGE CAUSED BY DEFECTIVE BATTERIES OR REPLACEMENT OF DEFECTIVE BATTERIES; (9) PREVENTATIVE MAINTENANCE; (10) DAMAGE WHICH IS NOT REPORTED PRIOR TO THE EXPIRATION OF THIS SERVICE AGREEMENT; (11) INHERENT MERCHANDISE DEFECTS THAT ARE THE RESPONSIBILITY OF THE MANUFACTURER; (12) FLAWS IN GEMSTONES; (13) LOSS OF DIAMONDS, GEMSTONES OR OTHER PARTS OF THE MERCHANDISE, UNLESS SUCH LOSS WAS CAUSED BY A DEFECT IN WORKMANSHIP OR MATERIALS WITHOUT UNDUE STRESS OR DAMAGE; (14) ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE MERCHANDISE; (15) SCRATCHES, PEELING AND DENTS, UNLESS CAUSED BY USUAL WEAR AND TEAR; (16) UNAUTHORIZED REPAIRS OR PARTS; (17) ACCESSORIES USED IN CONJUNCTION WITH COVERED MERCHANDISE AND ITEMS NORMALLY DESIGNED TO BE REPLACED PERIODICALLY BY YOU OR CONSUMED DURING THE LIFE OF THE MERCHANDISE, INCLUDING BUT NOT LIMITED TO BATTERIES; (18) MERCHANDISE WITH REMOVED OR ALTERED SERIAL NUMBERS; (19) PERIODIC CHECKUPS AND/OR MAINTENANCE AS DIRECTED BY THE MANUFACTURER; (20) WATER DAMAGE IF USED UNDER CONDITIONS WHICH EXCEED THE MERCHANDISE MANUFACTURER'S WATER RESISTANCE GUIDELINES; (21) ANY MERCHANDISE USED IN A COMMERCIAL SETTING OR RENTAL BASIS; (22) SERVICE OUTSIDE OF THE UNITED STATES OF AMERICA OR ITS TERRITORIES.

TRANSFER. This Service Agreement may be transferred to a new Merchandise owner by contacting the Administrator. You must provide the Administrator with Your Service Agreement number, date of transfer, and the new Merchandise owner's name, mailing address and telephone number.

RENEWABILITY. This Service Agreement is not renewable.

CANCELLATION. You may cancel this Service Agreement by informing the selling retailer of Your cancellation request within thirty (30) days of the purchase of this Service Agreement and you will receive a one hundred percent (100%) refund of the full purchase price of this Service Agreement, less any claims paid by Us. If Your cancellation request is made more than thirty (30) days from the date of purchase, You will receive a pro-rata refund of the Service Agreement purchase price, less any claims paid by Us and less an administrative fee not to exceed ten percent (10%) of the Service Agreement purchase price or twenty-five dollars ($25.00); whichever is less.

If We cancel this Service Agreement, We must provide You with a written notice at least fifteen (15) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. If We cancel this Service Agreement, You will receive a refund based upon one hundred percent (100%) of the unearned pro-rata purchase price of this Service Agreement.

GUARANTY. This is not an insurance policy, it is a service contract. We have obtained an insurance policy to insure Our performance under this Service Agreement. Should We fail to pay any claim or fail to replace the Merchandise covered under this Service Agreement within sixty (60) days after the Merchandise has been returned, or in the event You cancel this Service Agreement and We fail to refund the unearned portion of the Service Agreement price, You are entitled to make a direct claim against the insurer, Wesco Insurance Company, at 1-866-505-4048 or 59 Maiden Lane, 6th Floor, New York, NY 10038.

OUR RIGHT TO RECOVER PAYMENT. If You have a right to recover against another party for anything We have paid under this Service Agreement, Your rights shall become Our rights. You shall do whatever is reasonably necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.

DISPUTE RESOLUTION. ARBITRATION AGREEMENT:

(1) We and You agree to arbitrate all disputes and claims that arise with respect to the other. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

• claims arising out of or relating to any aspect of the relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

• claims that arose before this or any prior contract (including, but not limited to, claims relating to marketing);

• claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and

• claims that may arise after the termination of this Service Agreement.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Us on Your behalf. You agree that, by entering into this Service Agreement, You and We are each waiving the right to a trial by jury or to participate in a class action. This Service Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This provision shall survive termination of the Service Agreement.

(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (" Notice”). The Notice to Us should be addressed to: Northcoast Warranty Services, Inc., ATTN: Legal Department, 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114 (“ Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“ Demand”). If We and You do not reach an agreement to resolve the claim within 30 days after Notice is received, You or We may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Us or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or We is entitled. You may contact Us to obtain a form to initiate arbitration.

(3) After We receive notice at the Notice Address that You have commenced arbitration, We will promptly reimburse You for Your payment of the filing fee; unless Your claim is for greater than $75,000. The arbitration will be governed by the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “ AAA Rules”) of the American Arbitration Association (“ AAA”), as modified by this Service Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Service Agreement. All issues are for the arbitrator to decide; except issues relating to the scope and enforceability of the provision are for the court to decide. Unless We and You agree otherwise, any arbitration hearings will take place in the county of Your billing address. If Your claim is for $10,000 or less, We agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided herein, We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (under the standards set forth in Federal Rule of Civil Procedure 11(b)), payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse Us for all monies previously disbursed by Us that are otherwise Your obligation under the AAA Rules. In addition, if You initiate an arbitration in which you seek more than $75,000 in damages, payment of these fees will be governed by the AAA rules.

(4) If, after finding in Your favor in any respect on the merits of Your claim, the arbitrator issues You an award that is greater than the value of the last written settlement offer made by Us before an arbitrator was selected, We will:

• pay You the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and

• pay Your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration (“the attorney premium”).

If We did not make a written offer to settle the dispute before an arbitrator was selected, You and Your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(5) The right to attorneys’ fees and expenses discussed in paragraph (4) supplements any right to attorneys’ fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys’ fees or costs. Although under some laws We may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, We agree that We will not seek such an award.

(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR/OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is found to be unenforceable, then the entirety of this provision shall be null and void.

(7) Notwithstanding any provision in this Service Agreement to the contrary, We agree that if We make any future change to this provision (other than a change to the Notice Address) during Your Service Agreement, You may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.

ENTIRE SERVICE AGREEMENT . This Service Agreement; its terms and conditions, limitations and exceptions, and Your receipt of purchase constitute the entire agreement between Us and You, and no representation, promise or condition not contained herein shall modify these items, except as required by law.

SPECIAL STATE REQUIREMENTS. Regulation of Service Agreements may vary widely from state to state. Any provision within this Service Agreement which conflicts with the laws of the state where You live shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Service Agreement was purchased in one of the following states and supersede any other provision within Your Service Agreement terms and conditions to the contrary.

Alabama: Northcoast Warranty Services, Inc. is the Provider under this Service Agreement. CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. Any refund may be credited to any outstanding balance of Your account and the excess, if any, returned to You. In no event will Your cancellation fee exceed twenty-five dollars ($25.00). SERVICE AGREEMENT HOLDER RESPONSIBILITY – It is the responsibility of the Service Agreement holder to follow the manufacturer’s specifications for the use and care/maintenance of the Merchandise.

Arizona: CANCELLATION is amended as follows: The Provider may only cancel this Service Agreement for fraud by You, material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered Merchandise or its use. No claims incurred or paid will be subtracted from any refund. EXCLUSIONS- We shall not provide coverage only for those specifically listed items in the “ WHAT IS NOT COVERED” section which occurred after the effective date of this Service Contract. The definition of "Pre-existing” conditions is deleted and replaced with: conditions that were caused by You or known by You prior to purchasing this Service Agreement. DISPUTE RESOLUTION – The Arbitration Provision does not prohibit an Arizona resident from following the process to resolve complaints as outlined by the Arizona Department of Insurance. To learn more about this process, You may contact the Arizona Department of Insurance at 2910 N. 44th St., 2nd Floor, Phoenix, AZ 85018-7256, ATTN: Consumer Affairs.

Arkansas: CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. SERVICE AGREEMENT HOLDER RESPONSIBILITY – It is the responsibility of the Service Agreement holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Merchandise. HOW TO FILE A CLAIM – If You need to file a claim under this Service Agreement, You must contact the Administrator at 800-366-4010 24 hours a day/7 days a week to obtain a repair authorization number prior to having any repairs made to Your Product. Failure to call in and report the claim may result in non-payment.

California: Northcoast Warranty Services, Inc. (License No. SA-19178) is the Obligor and Administrator for this Service Agreement. CANCELLATION is amended as follows: This Service Agreement may be cancelled by the You for any reason, including, but not limited to, the Merchandise covered under this Service Agreement being sold, lost, stolen or destroyed. If You decide to cancel Your Service Agreement, and cancellation notice is received by the Administrator within thirty (30) days for a home appliance or a home electronic or within sixty (60) days for all other Merchandise of the date You received the Service Agreement, and You have made no claims against the Service Agreement, you will be refunded the full Service Agreement price. If You have made claims against the Service Agreement, or if Your Service Agreement is cancelled by written notice after thirty (30) days for a home appliance or a home electronic or after sixty (60) days for all other Merchandise from the date You received this Service Agreement, You will receive a pro-rata refund of the Service Agreement purchase price, less any claims paid by Us and less an administrative fee not to exceed ten percent (10%) of the Service Agreement purchase price or twenty-five dollars ($25.00); whichever is less.

Colorado: CANCELLATION is amended as follows: Any cancellation fee shall not exceed twenty-five ($25.00) dollars. If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. SERVICE AGREEMENT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Agreement holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Merchandise.

Connecticut : This Service Agreement is a contract between the Obligor/Provider, Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, (866) 927-3097 and You. In the event of a dispute with Administrator, You may contact The State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Merchandise, the cost of repair of the Merchandise and a copy of the warranty Service Agreement. CANCELLATION is amended as follows: You may cancel Your Service Agreement if the covered Merchandise is returned, sold, lost, stolen, or destroyed. GUARANTY is amended as follows: If We fail to pay or to deliver service on a claim within sixty (60) days after proof of loss has been filed, or in the event You cancel this Service Agreement and We fail to issue any applicable refund within sixty (60) days after cancellation, file a claim against the insurer, Wesco Insurance Company at 59 Maiden Lane, 43rd Floor, New York, NY 10038, by calling 1-866-505-4048. SERVICE AGREEMENT HOLDER’S RESPONSIBILITY : It is the responsibility of the Service Agreement holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Merchandise.

Florida: This Service Agreement is between the Provider, Technology Insurance Company, Inc. (License No. 03605) and You, the purchaser. CANCELLATION is deleted and replaced with the following: You may cancel Your Service Agreement by informing the Retailer or the Administrator of Your cancellation request. In the event the Service Agreement is canceled by You, return of the premium shall be based upon ninety percent (90%) of the unearned pro-rata premium less any claims that have been paid or less the cost of repairs made on Your behalf. In the event the Service Agreement is canceled by the Administrator or Provider, return of the premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any claims that have been paid or less the cost of repairs made on Your behalf. GUARANTY is deleted and replaced with the following: This is not an insurance policy, it is a service contract. The rates charged to You for this Service Agreement are not subject to regulation by the Florida Office of Insurance Regulation. DISPUTE RESOLUTION – Arbitration is non-binding in the State of Florida. Arbitration proceedings shall be conducted in the county in which the consumer resides.

Georgia: CANCELLATION is amended as follows: In no event will claims be deducted from any refund. Any cancellation fee shall not exceed ten percent (10%) of the pro rata premium refund due. The Administrator may not cancel this Service Agreement except for fraud, material misrepresentation, or nonpayment by You. If We cancel this Service Agreement, no cancellation fee shall apply and we shall provide written notice to You at the last known address held by Us at least thirty (30) days preceding the effective date of cancellation. WHAT IS NOT COVERED – Only unauthorized product repairs, modifications or alterations performed after the effective date of the Service Agreement are excluded. The definition of "Pre-existing” conditions is deleted and replaced with: conditions that were caused by You or known by You prior to purchasing this Service Agreement. DISPUTE RESOLUTION – The Arbitration Provision section of this Service Agreement is stricken in its entirety.

Hawaii: CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. SERVICE AGREEMENT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Agreement holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Merchandise.

Illinois: Covered Merchandise must be in place and in good operating condition on the effective date of coverage and become inoperative due to normal wear and tear after the effective date of this Service Agreement. This Service Agreement provides no coverage for any repair or replacement of any covered Merchandise if a Failure has not occurred. CANCELLATION is amended as follows: Any cancellation fee shall not exceed the lesser of ten percent (10%) of the Service Agreement price or fifty ($50.00) dollars.

Indiana : This Agreement is not insurance and is not subject to Indiana insurance law. Your proof of payment to the Retailer for this Service Agreement shall be considered proof of payment to the insurance company which guarantees Our obligations to You. If We fail to perform or make payment due under this Agreement within sixty (60) days after You request the performance or payment, You may request the performance or payment directly from the insurer that issued the provider's Service Contract reimbursement policy, including any applicable requirement under the Agreement that the provider refund any part of the cost of the Agreement upon cancellation of the Agreement. WHAT IS NOT COVERED – The definition of "Pre-existing” conditions is deleted and replaced with: conditions that were caused by You or known by You prior to purchasing this Service Agreement. DISPUTE RESOLUTION is amended as follows: Arbitration is not mandatory and is non-binding in the State of Indiana. Arbitration proceedings shall be conducted in the county in which the consumer resides.

Maine: CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid.

Maryland: CANCELLATION is amended as follows: No cancellation fee shall apply. If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid.

Massachusetts: CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid.

Minnesota: CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. DISPUTE RESOLUTION – The Arbitration Provision section of this Service Agreement is stricken in its entirety.

Missouri: This agreement is not an insurance contract. CANCELLATION is amended as follows: In no event will a cancellation fee or claims paid be deducted from any refund. If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid.

Nevada: WHAT IS NOT COVERED – This Contract provides coverage that is excess over any other applicable coverage. Only unauthorized product repairs, modifications or alterations performed after the effective date of the Service Contract, or damages arising from such actions are excluded. CANCELLATION is amended as follows: Any reference to Administrative Fee is deleted and replaced with the term Cancellation Fee. In no event will a cancellation fee exceed twenty-five ($25.00) dollars. In no event will claims be deducted from any refund. If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not processed within forty-five (45) days, a penalty of ten percent (10%) of the Service Agreement price will be added to the refund for every thirty (30) days the refund is not paid. The Provider of this Service Agreement may cancel this Service Agreement within seventy (70) days from the date of purchase for any reason. After seventy (70) days, the Provider may only cancel this Service Agreement for fraud or material misrepresentation by You, nonpayment by You, or a substantial breach of duties by You relating to the covered property or its use. If the Provider cancels Your Service Agreement You will be entitled to a pro-rata refund of the unearned Service Agreement fee, no cancellation fee will be deducted. If Your Service Agreement was financed, the outstanding balance will be deducted from any refund.

New Hampshire: In the event You do not receive satisfaction under this Service Agreement, You may contact the New Hampshire Insurance Department at, 21 South Fruit Street, Suite 14, Concord, NH 03301, 603-271-2261. DISPUTE RESOLUTION – The Arbitration Provision of this Service Contract is subject to RSA 542. Any arbitration proceedings shall be conducted within the jurisdiction of New Hampshire.

New Jersey: CANCELLATION is amended as follows: If You request cancellation of this Service Contract within thirty (30) days of the purchase date of the Service Contract and the refund is not paid or credited within forty-five (45) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid.

New Mexico: CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within sixty (60) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. The Provider of this Service Agreement may cancel this Service Agreement within seventy (70) days from the date of purchase for any reason. After seventy (70) days, the Provider may only cancel this Service Agreement for fraud or material misrepresentation by You, nonpayment by You, or a substantial breach of duties by You relating to the covered property or its use. GUARANTY is amended to include: This service contract is insured by Wesco Insurance Company. If the service contract provider fails to pay You or otherwise provide You with the covered service within sixty (60) days of Your submission of a valid claim, You may submit Your claim to Wesco Insurance Company at 866-505-4048, WescoHelp@amtrustgroup.com, or 59 Maiden Lane, 43rd Floor, New York, NY 10038. If you have any concerns regarding the handling of your claim, you may contact the Office of Superintendent of lnsurance at 1-855-427-5674.

New York: CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within thirty (30) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid.

North Carolina: CANCELLATION is amended as follows: We may cancel this Service Agreement only for non-payment of the purchase price of the Service Agreement or a direct violation of the Service Agreement by You. Any cancellation fee shall not exceed the lesser of ten percent (10%) of the pro rata refund amount or twenty-five ($25.00) dollars.

Oklahoma: The Service Warranty Association is Northcoast Warranty Services, Inc., Oklahoma Identification # 44198980. This service warranty applies to consumer products. Coverage afforded under this service warranty (the Service Agreement) is not guaranteed by the Oklahoma Insurance Guaranty Association. WHAT IS NOT COVERED – The term “etc” is stricken from this contract. CANCELLATION is deleted in its entirety and replaced with the following: You may cancel Your Service Contract at any time by informing Us or the Administrator. If You cancel this service warranty within the first thirty (30) days and no claim has been authorized or paid within the first thirty (30) days, We will refund the entire service warranty contract (the Service Agreement) purchase price. If You cancel this service warranty after the first thirty (30) days, or have made a claim within the first thirty (30) days, return of premium shall be based upon ninety percent (90%) of the unearned pro-rata premium less the actual cost of any service provided under the service warranty contract (the Service Agreement). If We cancel this service warranty, return of premium shall be based upon one hundred percent (100%) of unearned pro-rata premium less the actual cost of any service provided under the service warranty contract (the Service Agreement). DISPUTE RESOLUTION – While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a district court of Oklahoma.

Oregon: This Service Agreement is an agreement between the Obligor/Provider, Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, (866) 927-3097 and You. HOW TO FILE A CLAIM – If You need to file a claim under this Service Agreement, You must contact the Administrator at 800-366-4010 24 hours a day/7 days a week to obtain a repair authorization number prior to having any repairs made to Your Product. Failure to call in and report the claim may result in non- payment. DISPUTE RESOLUTION – The Arbitration Agreement section is deleted and replaced as follows: If a settlement for a claim dispute cannot be reached, the parties may elect arbitration by mutual agreement at the time of the dispute after the claimant has exhausted all internal appeals and can be binding by Your consent. Arbitration will take place under the laws of the State of Oregon and will be held in the Your county of residence or any other county in this state agreed to by both parties. Oregon arbitration law will prevail unless it conflicts with the Federal Arbitration Act. Notwithstanding the foregoing, either party may bring an individual action in small claims court or trial by jury. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Us on Your behalf. You agree that, by entering into this Plan, You and We are each waiving the right to participate in a class action.

South Carolina: If You have any questions regarding this Service Agreement, or a complaint against the Obligor, You may contact the South Carolina Department of Insurance at 1201 Main Street, Suite 1000, Columbia, South Carolina 29201, (803) 737-6160. CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid.

Texas: The Administrator is Jewel Safe LLC, Service Contract Administrator No. 216. If You have any questions regarding the regulation of the Service Agreement Provider or a complaint against the Obligor, You may contact the Texas Department of Licensing & Regulation, 920 Colorado, P.O. Box 12157, Austin, Texas 78711, (800) 803-9202. CANCELLATION is amended as follows: You may return this Service Agreement within thirty (30) days of the date of purchase of this Service Agreement. If this Service Agreement is cancelled within the first thirty (30) days, We will refund the entire Service Agreement charge, less claims paid. If this Service Agreement is cancelled after the first thirty (30) days, You will receive a pro-rata refund of the Service Agreement purchase price, less any claims paid by Us) and less an administrative fee not to exceed ten percent (10%) of the Service Agreement purchase price or twenty-five dollars ($25.00); whichever is less. A ten percent (10%) penalty per month will be added to a refund that is not made within forty-five (45) days of Your return of the Service Agreement to the provider. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which the Service Agreement is canceled. If We cancel this Service Agreement, no cancellation fee shall apply.

Utah: The Provider/Obligor is Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, (866) 927-3097. This Service Contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Service Agreement is not guaranteed by the Property and Casualty Guaranty Association. CANCELLATION is amended as follows: We may only cancel this Service Agreement for material misrepresentation by You, nonpayment by You or a substantial breach of contractual duties by You relating to the covered property or its use. If We cancel this Service Contract for material misrepresentation or a substantial breach of contractual duties, such cancellation will be effective thirty (30) days after mailing of notice. If We cancel this Service Contract for non-payment, such cancellation will be effective fifteen (15) days after the mailing of notice. The notice will state the effective date and the reason for the cancellation. HOW HOW TO FILE A CLAIM – If You need to file a claim under this Service Agreement, You must contact the Administrator at 800-366-4010 24 hours a day/7 days a week to obtain a repair authorization number prior to having any repairs made to Your Product. Failure to call in and report the claim will result in non-payment.

Vermont: DISPUTE RESOLUTION – The Arbitration Provision of this contract is stricken in its entirety.

Washington: SERVICE AGREEMENT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Agreement holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Merchandise. HOW TO FILE A CLAIM – If You need to file a claim under this Service Agreement, You must contact the Administrator at 800-366-4010 24 hours a day/7 days a week to obtain a repair authorization number prior to having any repairs made to Your Product. Failure to call in and report the claim will result in non-payment. WHAT IS NOT COVERED – What is not covered from coverage is limited to those expressly stated under the “ WHAT IS NOT COVERED” section above. CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within thirty (30) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. In the event We cancel this Service Agreement, We will mail a written notice to You at Your last known address at least twenty-one (21) days prior to cancellation with the effective date for the cancellation and the reason for cancellation. GUARANTY is amended to include: A contract holder is entitled to apply directly to Wesco Insurance Company, at 59 Maiden Lane, 43rd Floor, New York, NY 10038 or 866-505-4048 for refund, payment or performance due. DISPUTE RESOLUTION – The State of Washington is the jurisdiction for any civil action in connection with this Service Agreement. This Service Agreement allows for binding arbitration proceedings to be held at a location in closest proximity to Your permanent residence. The commissioner is the Service Contract provider’s attorney to receive service of legal process in any action, suit, or proceedings in any court.

Wisconsin: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE DEFINITIONS – All references to “Service Agreement” are hereby deleted and replaced with “Service Contract”. SERVICE CONTRACT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Contract holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Merchandise. CANCELLATION is deleted and replaced as follows: You may cancel this Service Contract at any time by informing Us or the Administrator. If this Service Contract is canceled within thirty (30) days of the date of purchase and no Claims have been paid, the Administrator shall return one hundred percent (100%) of the purchase price paid and the Service Contract shall be void. The right to void the Service Contract applies only to the original purchaser of the Service Contract. If Your refund is not paid or credited within forty-five (45) days after Your cancellation request to Us, We will add an extra ten percent (10%) to Your due refund for every thirty (30) days the refund is not paid by Us. For Service Contracts canceled subsequent to the period stated in the preceding paragraph or if a claim has been made under this Service Contract within such period, We shall refund one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Service Contract purchase price paid. If You request cancellation due to a total loss of Your Product which is not covered by a replacement under the terms of Your Service Contract, the Administrator shall return one hundred percent (100%) of the unearned pro-rata Service Contract purchase price paid, less claims paid. We may only cancel this Service Contract for material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered property or its use. If We cancel for any reason other than nonpayment, then We shall refund one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Contract purchase price paid. If We cancel this Service Contract, We shall provide written notice to You at Your last known address at least five (5) days prior to cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation. Unauthorized repairs may not be covered. GUARANTY is deleted and replaced as follows: Our obligations under this Service Contract are insured under a Service Contract reimbursement insurance policy. Should We fail to pay any Claim or fail to replace the Product covered under this Service Contract within sixty (60) days after You provide proof of loss or, in the event You cancel this Service Contract and We fail to refund the unearned portion of the Service Contract purchase price, or if the Provider becomes insolvent or otherwise financially impaired, You are entitled to make a direct Claim against the insurer, Wesco Insurance Company, at 1-866-505-4048 or 59 Maiden Lane, 43rd Floor, New York, NY 10038 for reimbursement, payment or provision of this Service Contract. DISPUTE RESOLUTION – If a settlement for a claim dispute cannot be reached, the parties may elect arbitration by mutual agreement at the time of the dispute after the claimant has exhausted all internal appeals and can be binding by Your consent. Arbitration will take place under the laws of the State of Wisconsin and will be held in Your county of residence or any other county in this state agreed to by both parties.

Wyoming: CANCELLATION is amended as follows: If You request cancellation of this Service Agreement within thirty (30) days of the purchase date of the Service Agreement and the refund is not paid or credited within forty-five (45) days after return of the Service Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. DISPUTE RESOLUTION– The Arbitration Provision of this contract is stricken in its entirety and replaced with the following: At the time of any dispute the parties may voluntarily agree to submit their matters of difference to arbitration in a separate written agreement. Any arbitration proceedings shall be conducted within the state of Wyoming.

To obtain a copy of the terms and conditions of this Service Agreement please call 1-800-366-4010.