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Terms and Conditions
Protection Plan Terms & Conditions Sample
Want to read the specific terms & conditions for your plan? Just follow these 3 steps:
▪ Log In to your account
▪ Select the warranted item you’d like to review
▪ Click on the “View Contract” link beneath your name & address
NOTE: The sample Terms & Conditions below are provided as an example. Your actual protection plan Terms & Conditions may vary. To access your individual protection plan Terms & Conditions, you’ll need to log into your account and select the covered item under My Plans.

Congratulations on purchasing this Protection Plan. Please read these Terms and Conditions carefully so that You fully understand Your coverage under this Protection Plan.

This Protection Plan is not a contract of insurance. If you purchased your Wireless Device, as stated on the receipt, in CT, DC, FL, IN, LA, ME, MA, MI, NJ, NC, PA, RI, or SD, this Agreement is an extended limited warranty. Otherwise, it is a service contract and the contents under this Protection Plan should be interpreted and understood within the meaning of a “service contract” in Public Law #93-637.

This Protection Plan is not a contract of insurance. Unless otherwise regulated under state law, the contents under this Protection Plan should be interpreted and understood within the meaning of a “service contract” in Public Law #93-637.

DEFINITIONS:
“We”, “Us” and “Our” shall mean the obligor of this Protection Plan, CRBT Corp The aforementioned are located at 12460 Crabapple rd suite 202 Alpharetta, GA 30004. You may reach Us at 1-866-559-8077
Administrator shall mean Blue Magic, Inc. located at 12460 Crabapple rd Suite 202 Alpharetta, GA 30004 with a telephone number: 1-866-559-8077
“You”, “Your” shall mean the individual or entity who purchased this Protection Plan or the individual or entity to whom this Protection Plan was properly transferred in accordance with these Terms and Conditions.
The following terms are used in the Order Summary
• Protection Plan Price: The price You paid for this Protection Plan.
• Coverage Start Date: This is the date when coverage starts under this Protection Plan.
• Waiting Period: This is the amount of time, varying from zero (0) to thirty (30) days, between the Protection Plan purchase date and the Coverage Start Date, during which if any issues occur, they are considered pre-existing conditions and render the item ineligible for coverage under this Protection Plan. A Waiting Period applies to Protection Plans purchased for refurbished items and Protection Plans purchased subsequent to the purchase of Your Covered Product. Any applicable Waiting Period does not affect Your coverage under any manufacturer’s warranty. If during the Waiting Period a pre-existing condition renders the item ineligible for coverage We will cancel Your Protection Plan and provide You with a full refund of the Protection Plan Price.
• Coverage Term or Term: This is the years of coverage, varying from one (1) to five (5) year(s), You receive under this Protection Plan, starting on the Coverage Start Date which begins after any Waiting Period. The Protection Plan is inclusive of any US manufacturer’s warranty that may exist during the Coverage Term. It does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. The Term of this Protection Plan is extended for the duration of any time that the item is being repaired under this Protection Plan.
• Covered Product or Product: The product or type of product covered by this Protection Plan.
• Coverage Amount: The purchase price of the Covered Product.
• Coverage Type: This defines the level of coverage You purchased, such as whether Your Protection Plan includes Optional Coverage, such as Accidental Damage from Handling (ADH) coverage.
• Deductible: The applicable deductible, if any, for claims.

Protection Plan Overview
This Protection Plan covers Devices registered with Blue Magic Warranty and listed on the current Schedule Page of Your Protection Plan. Your Device must be registered with Blue Magic Warranty to be covered under the Protection Plan. To add a new Device to Your Protection Plan, visit the My Account page on www.bluemagicwarranty.com to register the new Device.

COVERAGES AND TERMS:
This Protection Plan will cover a mechanical or electrical failure of the Covered Product(s) in subsections A, B, C and D below during normal usage for the Term of this Protection Plan.. This Protection Plan is inclusive of any manufacturer’s warranty that may exist during the Coverage Term. It does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the product at Our sole option.
This Protection Plan does not cover repair or replacement of Your Product for any of the causes or provide coverage for any losses set forth below in Section 9, “WHAT IS NOT COVERED.” Specific details about Your coverage under this Protection Plan are provided in the Order Summary. For online assistance and hardware troubleshooting tips, visit www.bluemagicwarranty.com and select the Support option.
• A. CELL PHONES:
◦ i. This Protection Plan provides coverage for parts and labor costs to repair or replace Your Product where the problem is the result of a failure caused by:
▪ Normal wear and tear;
▪ Accidental damage from handling (ADH), such as damage from drops, spills and liquid damage associated with the handling and use of Your Product, if the coverage has been offered and purchased at the time of sale with Your Protection Plan;
▪ One (1) battery repair or replacement, when the original rechargeable battery is defective as determined by Us and at Our sole discretion. We may require You to return Your original defective battery to Us to receive a replacement battery;
▪ Damaged or defective buttons or connectivity ports located on Your Product;
▪ For defective pixels We will match the manufacturer’s warranty for the Term of Your Protection Plan. In the absence of a manufacturer’s dead pixel policy, We will cover a failure of three (3) or more defective pixels within a one square inch area of the display;
▪ Dust, internal overheating, internal humidity/condensation;
▪ Defects in materials or workmanship;
• Operational failure resulting from a power surge while
▪ properly connected to a surge protector. You may be asked to provide Your surge protector for examination.
OPTIONAL COVERAGES:

◦ ACCIDENTAL DAMAGE FROM HANDLING (ADH): If You were offered and elected to include accidental damage from handling (ADH) as an integral part of Your coverage, it augments Your Protection Plan by providing additional protection for damage from drops, spills and liquid damage associated with the handling and use of Your Product.
 Blue Magic Warrany does not provide protection against theft, loss, reckless, or abusive conduct associated with handling and use of the product, cosmetic damage and/or other damage that does not affect unit functionality, or damage caused during shipment between You and Our service providers.
How to make a claim:
File a claim online at www.bluemagicwarranty.com log into My Account for guidance and assistance for the claims process or call Us toll-free at 1-866-559-8077 – and explain the problem. We will direct you to authorized service center technician nearest to you. You must satisfy the Deductible, if applicable, before a claim will be authorized.

Deductible
If Your Protection Plan has a deductible, as specified on the Schedule Page, You will be responsible for paying the deductible before your phone is repaired. The deductible is due for each Device per occurrence where we approve the claim and must be paid before service is provided.

HOW WE WILL SERVICE YOUR PRODUCT:
Depending on the Product and failure circumstances, We will either, at Our discretion: A. Repair Your Product, or;
B. Provide a cash settlement or a Gift Card reflecting the replacement cost of a new product of equal features and functionality up to the Coverage Amount, or;
C. Replace Your Product with a product of like, kind, quality and functionality.

PLACE OF SERVICE:
At Our discretion, large items will receive on-site service. Within two (2) business days of determining Your Product requires on-site service, We will assign You an authorized service center technician and arrange to repair or replace the Product at Your location during normal business hours. If We fail to have an authorized service center technician assigned within five (5) business days, We will continue to service Your Product and the cost of Your Protection Plan will be refunded to You at Your request. On-site service may occasionally necessitate the authorized service center technician to bring the Product back to their shop to complete repairs. If, upon inspection, Your Product is determined to have experienced a failure which is covered by Your Protection Plan, We will service Your Product, in accordance with Section 5, “HOW WE WILL SERVICE YOUR PRODUCT”, within two (2) days of our authorized service center’s receipt of Your Product. If We fail to repair, payout or replace Product within five (5) business days of receiving it, We will continue to service Your Product and the cost of Your Protection Plan will be refunded to You at Your request. If the authorized service center determines Your Product is in working condition or is not covered by Your Protection Plan, We will return Your Product to You or dispose of it at Your request.

For replacement, We may, at Our option, either:
1. Replace the covered Device with a new, refurbished, or recertified device of like kind and quality if We are unable to repair the damaged Device or the repair cost exceeds the current retail replacement value of the Device. While We will try to accommodate specific replacement preferences such as equipment color, cosmetics, or features, this is not guaranteed. The price of the replacement device will not exceed the Maximum Replacement Value of the original covered Device, less any applicable deductible.
2. Provide a settlement equal to the current retail replacement value of the Device, not to exceed the Maximum Replacement Value of the original covered Device, less any applicable deductible. If We provide a settlement, We will mail the settlement to You.
3. Provide a settlement equal to the cost of repair in an Authorized Service Facility, not to exceed the Maximum Replacement Value of the original covered Device, less any applicable deductible. If We provide a settlement, We will mail the settlement to You.

LIMIT OF LIABILITY:
The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Protection Plan shall not exceed the Coverage Amount. In the event that We make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of equal features and functionality, then We will have no further obligations under this Protection Plan.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

• YOUR RESPONSIBILITIES:
◦ A. Purchase the correct Blue Magic Warranty Plan for Your Product based on condition, price or purchase location.
◦ B. Properly maintain, store and use Your Product according to the manufacturer instructions.
• WHAT IS NOT COVERED:

◦ A. Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Protection Plan;
◦ B. Intentional damage;
◦ C. Lost, stolen, or irretrievable items;
◦ D. Any product that is fraudulently described or materially misrepresented
◦ E. Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the product in accordance with the manufacturer’s specifications and owner’s manual, including, but not limited to, exposure to weather conditions, failure to properly clean, maintain or lubricate, operator negligence, misuse, abuse, improper electrical/power supply, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, battery leakage, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes), or any other peril originating from outside the product;
◦ F. Defects due to the initial installation, assembly or hookup of Your Product;
◦ G. Cases wherein the manufacturer acknowledges the existence of a valid manufacturer’s warranty and denies a claim against the manufacturer’s warranty;
◦ H. Claims made under any improperly or incorrectly purchased Protection Plan;
◦ I. Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality or the covered product;
◦ J. Product(s) with removed or altered serial numbers;
◦ K. Manufacturer defects or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);
◦ L. Items sold in a private sale(e.g. flea market, yard sale, estate sale, craigslist)..

NO LEMON POLICY:
If Your Covered Product has two (2) service repairs completed for the same problem, and a third (3rd) repair is needed for the same problem, within any twelve (12) month period, the Covered Product will be replaced with a comparable product or a cash settlement will be provided. The cost of the replacement will not exceed Your Product’s original purchase price.

FREE SHIPPING:
This Protection Plan covers all shipping charges to authorized service centers during the Coverage Term if phone needs to be shipped, including shipping to the manufacturer if the manufacturer does not cover shipping charges to their facilities.

WORLDWIDE SERVICE :
The coverage provided in this Protection Plan also applies when You travel outside of the United States. If Your Product needs repair while traveling abroad, You may file a claim online at www.bluemagicwarranty.com to obtain a claim authorization number. At this time You will be instructed on how to proceed to obtain service and You will also receive a fax number and an email address for You to submit Your service repair invoice to Us after the repair is completed. Once You have obtained Your claim authorization number, You will need to carry Your Product into a service center and then submit to the Us a copy of the detailed service repair invoice that identifies Your Product, the claim authorization number, and includes a thorough description of the repair made. This documentation should be faxed or emailed to Us and the We will reimburse You within five (5) business days of receipt of all necessary paperwork, provided a covered repair was performed. 

TRANSFER OF SERVICE AGREEMENT:
 
This Protection Plan may be transferred at no charge. To transfer this Plan log in to www.Bluemagicwarranty.com, or contact Us toll-free at authorized service center technician 24 hours a day, 7 days a week.

CANCELLATION:
You may cancel this Protection Plan for any reason at any time. To cancel it, log in to www.bluemagicwarranty.com or contact Us toll-free at authorized service center technician 24 hours a day, 7 days week. If You cancel this Protection Plan within the first thirty (30) days after purchase of this Protection Plan You will receive a 100% refund of the purchase price of the Protection Plan. If You cancel after the first thirty (30) days from purchase of this Protection Plan, You will receive a pro rata refund based on the time remaining on Your Protection Plan. No fees or past claims shall be deducted from the refund and the refund will be sent to You within ten (10) business days from the cancellation request or else a ten percent (10%) penalty per month shall be applied to the refund.
We may cancel this Protection Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by You. If We cancel Your Protection Plan, You will receive a pro rata refund. If this Protection Plan was inadvertently sold to You on a product which was not intended to be covered by this Protection Plan, We will cancel this Protection Plan and return the full purchase price of the Protection Plan to You. Written notice which includes the effective date of cancelation and reason for cancellation, will be mailed to You at least 30 days prior to termination. If We cancel this Protection Plan for nonpayment then We will provide notice at time of cancelation.

ARBITRATION
Any controversy or claim arising out of or relating to this Protection Plan, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Under this Arbitration provision, We both give up the right to resolve any controversy or claim arising out of or relating to this Protection Plan by a judge and/or a jury. Prior to filing any arbitration, We jointly agree to seek to resolve any dispute between us by mediation conducted by the AAA, with all mediator fees and expenses paid by Us. If You are successful in obtaining an arbitration award against us greater than $500, We agree to pay all arbitrator fees and expenses. We also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations against each other. The laws of the state of Texas (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Protection Plan and all transactions contemplated by this Protection Plan, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Protection Plan. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration. 

ENTIRE CONTRACT:
Unless amended by the State Specific Provisions or revised by Us with at least thirty (30) days advance written notice to You, this Protection Plan sets forth the entire contract between the parties and no representation, promise or condition not 
State Variations: 
The following state variations shall apply if inconsistent with any other terms and conditions.
 State Disclosures
The following state specific requirements are added to and become part of your Protection Plan and supersede any other provisions to the contrary:
AL, AR, CT, GA, IL, KY, MA, ME, MT, NC, NH, NJ, NV, NY, OK, OR, SC, UT, VA, WY, WI only: the following provision is added: Special Provision: If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to American Bankers Insurance Company of Florida who insures Our obligations under this Protection Plan, at the following address 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 1-800-852-2244.
AL, AR HI, MA, MD, ME, MN, MO, NJ, SC, TX, WY only: The following is added to Cancellation by You under the Cancellation provision: We will pay a penalty of 10% per month on a refund that is not paid or credited within forty-five (45) days after cancellation of the Protection Plan whether cancelled by You or by Us. This provision applies only to the original purchaser of the Protection Plan, and is not transferable.
Arkansas only: the following is added to Cancellation by Us under the Cancellation provision: The refund shall accompany the notice unless cancellation is for non-payment.
AZ, GA only: The second paragraph of Cancellation by You under the Cancellation provision is revised to read as follows: If You notify Us within the first thirty (30) days of the Coverage Start Date (or Registration Date for new registrations), We will cancel the Protection Plan as of the Coverage Start Date or Registration Date and refund all premium to You. If You notify Us after the first thirty (30) days from the Coverage Start Date, any refund will be calculated on the pro-rata unearned premium. Any applicable refund will be refunded to You. No claim incurred or paid shall be deducted from any cancellation refund regardless of who initiates the cancellation of the Protection Plan.
Arizona only: the following language is added to the Arbitration Provision: Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This Arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. §20- 1095.09, Unfair Trade Practices as outlined by the Arizona Department of Insurance. To learn more about this process, you may contact the Arizona Department of Insurance at 2910 N. 44th Street, 2nd Fl., Phoenix, AZ 85018-7256, Attn: Consumer Affairs. You may directly file any complaint with the A.D.O.I. against a Service Company issuing an approved Service Contract under the provisions of A.R.S. §§ 20-1095.04 and/or 20-1095.09 by contacting the Consumer Affairs Division of the A.D.O.I., toll free phone number 800-325-2548.
The following language is added to the Cancellation provision: We will not cancel or void this Protection Plan due to prior use or unlawful acts relating to the device or misrepresentation by Us or Our Administrator.
Pre-existing conditions has been deleted from the Exclusions provision.
CA, CT only: The following is added to the Cancellation provision: You may cancel this Protection Plan if You return the Device(s), or if the Devise is sold, lost, stolen, or destroyed.
CA, NC, TX only: The second paragraph of Cancellation by You under the Cancellation provision is revised as follows: If You notify Us within the first thirty (30) days of receipt of the Protection Plan (or Registration Date for new registrations) We will cancel the Protection Plan as of the Coverage Start Date or Registration Date and refund all premium to You. If You notify Us after the first thirty (30) days of receipt of the Protection Plan, any refund will be calculated on the pro-rata unearned premium. Any applicable refund will be refunded to You.
California only: The following language is added to Protection Plan Obligor on the Schedule Page: The Obligor is the entity financially and legally obligated to perform the service specified in the Protection Plan.
The following language is added to the Arbitration Provision: This Arbitration Provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, you may contact BEAR at 1-800-952- 5210, or you may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highland, California 95660, or you may visit their website at www.bear.ca.gov.
Colorado only: The following language is added: Regulation: Actions under this Protection Plan may be covered by the provisions of the “Colorado Consumer Protection Act” or “Unfair Practices Act”, articles 1 and 2 of Title 6, C.R.S. A party to such a contract may have a right of civil action under such laws, including obtaining the recourse or penalties specified in such laws.
Connecticut only: The Terms and Conditions and Arbitration Provision of this Protection Plan are amended to include the following language: RESOLUTION OF DISPUTES: If We are unable to resolve any disputes with You regarding this Protection Plan, You may file a written complaint with the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 061242-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the item subject to the Protection Plan, the cost of repair of the item, and a copy of the Protection Plan Terms and Conditions. Time Extension: If Your term of coverage is less than one year, Your Protection Plan will be automatically extended by the duration that the product is withheld from You while being repaired.
Florida only: The following is added to the Arbitration Provision: 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 court of competent jurisdiction. The arbitration action will take place in the country where You reside.
The second paragraph of Cancellation by You under the Cancellation provision is revised as follows: If You notify Us within the first thirty (30) days of the Coverage Start Date (or Registration Date for new registrations), We will cancel the Protection Plan as of the Coverage Start Date or Registration Date and refund all premium to You. If You notify Us after the first thirty (30) days from the Coverage Start Date, You shall receive a refund not less than ninety percent (90%) of the unearned pro rata Protection Plan Purchase Price. Any applicable refund will be refunded to You.
The last paragraph of Cancellation by Us under the Cancellation provision is revised to read as follows:
If cancelled by Us, You shall receive a refund equal to one hundred (100%) of the unearned pro rata premium. We will pay any applicable refund to You. If this Protection Plan has been in effect for more than 60 days, We may cancel only for one or more of the following reasons: Nonpayment of premium by You, if this Protection Plan was obtained by misrepresentation or fraud, any act which measurably increases the risk originally accepted by Us, or for violation of any terms and conditions of this Protection Plan by You; or termination of this program by Us.
The following language is hereby added to the Protection Plan: The rate charged for the Protection Plan is not subject to regulation by the Florida Office of Insurance Regulation.
GA, LA, NV, OR, UT, WI, WY only: The Arbitration Provision of Your Protection Plan is deleted in its entirety. It is not applicable to You.
Georgia only: Item two (2) of the Exclusions provision is revised to read as follows: 2. Pre-existing condition known by you;
The last paragraph of the Cancellation provision is revised to read as follows: If cancelled by Us, any refund will be calculated on the pro-rata unearned premium. We will pay any applicable refund to You. We may cancel only for one or more of the following reasons: Nonpayment of premium by You, or if this Protection Plan was obtained by misrepresentation or fraud.
The following language is added to the Cancellation provision: Cancellation by the Plan Obligor or the Plan Administrator shall be in accordance with Section 33-24- 44 of the Code of Georgia.
HI, OK only: Obligations under the Protection Plan are insured by a policy of insurance issued by American Bankers insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, (800) 852-2244.
Indiana only: The following provision is hereby added: Special Provision: Proof of payment to the retailer that sold You this Protection Plan constitutes proof of payment to American Bankers Insurance Company of Florida, issuer of the insurance policy that insures Our obligations. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to American Bankers Insurance Company of Florida who insures Our obligations under this Protection Plan, at the following address 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 1-800-852-2244.
ME, MN, MO, UT Only: The following revision is made under the Exclusions – What is Not covered provision: Item two (2) is revised and now reads as follows: 2. Pre-existing conditions such as cracked screens, water damage, accidental damage, or mechanical breakdown;
Maine only: The second paragraph of Cancellation by You under the Cancellation provision is revised as follows: If You notify Us within the first thirty (30) days of the Coverage Start Date (or Registration Date for new registrations) We will cancel the Protection Plan as of the Coverage Start Date or Registration Date and refund all premium to You including any sales tax refund required pursuant to state law. If You notify Us after the first thirty (30) days from the Coverage Start Date, any refund will be calculated on the pro-rata unearned. Any applicable refund will be refunded to You.
Michigan only: The following provision is added: Special Provision: If performance of the Protection Plan is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of the Protection Plan shall be extended for the period of the strike or work stoppage.
Minnesota only: The following is added to the Arbitration Provision: Any Arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Federal Warranty Service Corporation.
The following provision is hereby added: Special Provision: Obligations of the provider under this Protection Plan are insured under a service contract reimbursement insurance policy, issued by American Reliable Insurance Company, 11222 Quail Roost Drive, Miami, FL, 33157. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to American Reliable Insurance Company, who insures Our obligations under this Protection Plan, at the following address: 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 1-800-852-2244.
Missouri only: The following provision is hereby added: Special Provision: The obligations under this Protection Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. In the event any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for the refund of the unearned purchase price, or the Administrator ceases to do business or goes bankrupt, You may apply directly to American Bankers Insurance Company of Florida.
Montana only: The following provision is hereby added: Special Provision: If a claim for service has not been completed after proof of loss has been filed with Us, the claim can be submitted to American Bankers Insurance Company of Florida who insured Our obligations under this Protection Plan, at the following address 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 800-852-2244.
NC, NM, NV, TX only: The following disclosure is added to the Schedule Page: Purchase of this Protection Plan is not required in order to purchase or obtain financing for the covered Device.
NH, NM: Any and all loss or damage that occurs prior to the effective date of this Protection Plan will not be covered.
Nevada Only: The definition of Review Period has been revised. Review Period: THE SELLER AND OBLIGOR HAVE FOURTEEN (14) DAYS FROM THE DATE OF DEVICE REGISTRATION TO APPROVE OR DENY AN ACCOUNTHOLDERS APPLICATION FOR COVERAGE FOR ANY DEVICES AND/OR PROTECTION PLANS.
The second paragraph of Cancellation by You under the Cancellation provision is revised to read as follows: If You notify Us within the first thirty (30) days of the Coverage Start Date (or Registration Date for new registrations), We will cancel the Protection Plan as of the Coverage Start Date or Registration Date and refund all premium to You. If You notify Us after the first thirty (30) days from the Coverage Start Date, any refund will be calculated on the pro-rata unearned premium. Any applicable refund will be refunded to You. No claim paid or services provided will under any circumstances be deducted from any cancellation refund. If this Protection Plan is returned we shall refund to You the purchase price within 45 days after the Protection Plan has been returned. We shall pay the Accountholder a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund, and any accrued penalties, that remain unpaid. This provision applies only to the original purchaser.
The last paragraph under Cancellation by Us under the Cancellation provision is revised to read as follows: If cancelled by Us, any refund will be calculated on the pro-rata unearned premium. We will pay any applicable refund to You. We may not cancel this Protection Plan once it has been in effect for at least seventy (70) days except for the following conditions: failure to pay the Protection Plan Purchase Price; the conviction of You of a crime which results in an increase in the service required under the Protection Plan; fraud or material misrepresentation by You in purchasing the Protection Plan or obtaining service; or the discovery of an act or omission, or a violation of any condition of the Protection Plan by You which substantially and materially increases the service required under the Protection Plan.
New Hampshire only: Notice: If You do not receive satisfaction under this Plan, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416.
New Jersey only: The following is added to For Repairs under the After Your Claim is Approved provision: Replacement parts may consist of non-original manufacturer’s parts. The first bullet under Cancellation by Us under the Cancellation provision is deleted and replaced as follows: At least 5 days before the effective date of cancellation if We cancel for application denial during the Review Period for fraudulent activities including, but not limited to, unauthorized use of a credit card, obtaining a Protection Plan or coverage under false pretense, participation in organizations with the intent to educate others on how to commit fraudulent activities or association with other customers committing fraud.
New Mexico only: The following language is added to Cancellation by You section under the Cancellation provision: We shall refund You or credit Your account the Protection Plan Purchase Price within sixty (60) days after the Protection Plan is cancelled. We will pay a penalty of 10% per month on a refund that is not paid or credited for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. This applies only to the original purchaser of the Protection Plan, and is not transferable.
The last paragraph under Cancellation by Us under the Cancellation provision is revised to read as follows: If cancelled by Us, any refund will be calculated on the pro-rata unearned premium. We will pay any applicable refund to You. We may not cancel this Protection Plan once it has been in effect for at least seventy (70) days except for the following conditions: failure to pay the Protection Plan Purchase Price; the conviction of You of a crime which results in an increase in the service required under the Protection Plan; fraud or material misrepresentation by You in purchasing the Protection Plan or obtaining service; or the discovery of an act or omission, or a violation of any condition of the Protection Plan by You which substantially and materially increases the service required under the Protection Plan.
NY, WA only: The following is added to Cancellation by You under the Cancellation provision: We will pay a penalty of 10% per month on a refund that is not paid or credited within thirty (30) days after return of the Protection Plan to Us. This provision applies only to the original purchaser of the Protection Plan and is not transferable.
Ohio only: the following provision is added: Special Provision: The obligations under this Protection Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, 800-852-2244. If We fail to perform or make payment due under the terms of the Protection Plan within sixty (60) days after You request performance or payment, You may apply directly to American Bankers Insurance Company of Florida, including, but not limited to, any obligation in the Protection Plan in which We must refund You upon cancellation of the Protection Plan.
Oklahoma only: The following language is added to the beginning of the Arbitration Provision: NON-BINDING ARBITRATION: Read The following Arbitration Provision (“Provision”) Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action Prior to Engaging in Non- Binding Arbitration. Disputes under this Protection Plan shall be subject to mandatory, non-binding arbitration.
The following language is added: Regulation: Coverage afforded under this Protection Plan is not guaranteed by the Oklahoma Insurance Guaranty Association.
The second paragraph under Cancellation by You of the Cancellation provision has been deleted and now reads as follows: In the event the Protection Plan is cancelled by You within the first thirty (30) days, We will cancel the Protection Plan as of the Coverage Start Date or Registration Date and refund all premium to You. If You cancel the Protection Plan after thirty (30) days, the refund will be one hundred percent (100%) of the unearned pro rata premium. Any applicable refund will be refunded to You.
In the Cancellation by Us section of the Cancellation provision, reference to pro-rata is replaced by one hundred percent (100%) of the unearned pro rata premium. South Carolina only: Notice: If the Administrator does not timely resolve such matters within sixty (60) days of proof of loss, you may contact the South Carolina
Department of Insurance, Post Office Box 100105, Columbia, SC 29202-3105, or (800) 768-3467.
Texas only: Notice: If You have complaints or questions regarding this Protection Plan, you may contact the Texas Department of Licensing and Regulation at the following address and telephone number: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; (512) 463-6599 or (800) 803-9202 (within TX only).
The following provision is added: Special Provision: The obligations under this Protection Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. In the event any covered service is not provided to the Accountholder by the Administrator before the 61st day after the proof of loss has been filed, or if a refund or credit is not paid before the 46th day after the date on which the Protection Plan is cancelled; you may apply directly to American Bankers Insurance Company of Florida.
Under the Definitions, the following language is added to Administrator: The Administrator Registration Number for the Signal is 145, the Administrator Registration Number for Federal Warranty Service Corporation is 269.
UT and WI only: Item four (4) of the How to Make a Claim provision is revised to read as follows: 4. You may be required to provide a signed, sworn proof of loss which sets forth, to the best of Your knowledge and belief the date, time and cause of loss and the specifications of the reported loss to the covered Device. The proof of loss must be submitted within thirty (30) days of the request or as soon as reasonably possible. Failure to furnish proof of loss within the time required does not invalidate or reduce a claim, unless We are prejudiced thereby, and it was reasonably possible to meet the time limit. You may also be required to submit to an examination under oath as well as an examination of the covered Device either by Us or Our Authorized Representative, if requested. You must cooperate with Us in the investigation or settlement of the claim.
Utah only: the following language is added: Regulation: Coverage afforded under this Protection Plan is not guaranteed by the Utah Property and Casualty Guaranty Association. This Protection Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.
The following revision is made under the Exclusions – What is Not covered provision: Item 15 is added and reads as follows: 15. The use of parts or supplies other than those recommended by the manufacturer.
The last paragraph of the Cancellation provision is revised to read as follows: If cancelled by Us, any refund will be calculated on the pro-rata unearned premium. We will pay any applicable refund to You. If this Protection Plan has been in effect for more than 60 days, We may cancel only for one or more of the following reasons: Nonpayment of premium by You; if this Protection Plan was obtained by material misrepresentation or fraud; any act which measurably increases the risk originally accepted by Us, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or for substantial breach of contractual duties, conditions, or warranties.
Washington only: The following definitions are added:
Service Contract Provider/We/Us/Our means Federal Warranty Service Corp. P.O. Box 105689, Atlanta, GA 30348-5689, 1-770-763-1000, who is contractually
obligated to the Service Contract Holder under the terms of the Plan. All references to Obligor are replaced by the term Service Contract Provider.
Provider Fee/Monthly Price/Cost of coverage means the consideration paid by You for the Protection Plan. All references to monthly price and cost of coverage
are replaced by Provider Fee.
Service Contract/Protection Plan means the Plan, which You have purchased for the Device described on the Schedule Page.
The definition of Administrator is revised to read as follows: Administrator/Provider: The Administrator/Provider for phone and tablet Devices is The Signal, 676 East Swedesford Road, Suite 300, Wayne, PA, 19087. The Administrator/Provider for all other Devices is United Service Protection Inc. in Florida, Assurant Service Protection, Inc. in Oklahoma, and Federal Warranty Service Corporation in all other states, P.O. Box 105689, Atlanta, GA 30348-5689, 1-855-792-2355. The Administrator/Provider is the entity that is responsible for the administration of the Service Contract/Protection Plan.
The definition for You, Your and Accountholder is revised to read as follows: Service Contract Holder/You/Your means the person who is the purchaser or holder of the Protection Plan as shown on the Schedule Page. All references to Accountholder are replaced by Service Contract Holder.
The following provision is added: Special Provision Obligations of the Service Contract Provider under this Protection Plan are backed by the full faith and credit of the Service Contract Provider.
Item two (2) of the How to Make a Claim provision is revised to read as follows: 2. Call the 24/7 toll free number [1-855-792-2355]. A service representative will assist You by telephone to diagnose the covered Device’s issue, record Your claim; and if approved, arrange for the applicable repair or replacement of the Device.
The following language is added to the Arbitration Provision: Nothing in the section headed ‘Arbitration Provision’ shall invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Protection Plan. All arbitrations will be held in the county in which You maintain Your permanent residence.
Wisconsin only: The following provisions are added: Regulation: THIS PROTECTION PLAN IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Subrogation: You will be made whole before We retain any amounts that may be recovered.
The following language is added to the Cancellation provision: No claim incurred or paid shall be deducted from the amount of Your cancellation refund.