GENERAL WEBSITE USER AND ATTENDEE TERMS & CONDITIONS
Last Updated: June 22, 2021
PLEASE CAREFULLY REVIEW THE BELOW. THESE TERMS AND CONDITIONS LIMIT
CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE
RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS
OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS
PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND
FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SPHW WOULD HAVE IN COURT
ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THESE TERMS AND CONDITIONS
ALSO GOVERN THE RIGHTS OF SPHW AND ITS AGENTS AND EMPLOYEES TO CALL,
TEXT MESSAGE, AND EMAIL ON BEHALF OF SPHW AND SPHW’S ADVERTISERS
(See Section 2).
Welcome to www.serviceplus.com (the “Website”), operating as
ServicePlus Home Warranty, a Pennsylvania limited liability company,
(“SPHW”, "ServicePlus", “we”, “our”, or “us”). The terms
“you”, “your” and “yours” when used herein refers to either you of
this website, as applicable from the context of the sentence, and in
the case of doubt refers to both Attendees and You. This Agreement
sets forth the terms and conditions which govern your use of the
Website and your attendance at each Event.
1. THIS AGREEMENT.
1.1 Acceptance. Please read this
Agreement carefully before otherwise accessing the Website. In order
to use the Website, you must first agree to the provisions of this
Agreement. By accessing any web page of the Website (other than this
Agreement), You indicate that they have read and agree to be bound
by the terms and conditions set forth in this Agreement. By signing
up for any service offered, you represent and warrant that you are
at least eighteen (18) years of age and not a minor in your state of
residence, and that, if you are executing this Agreement on behalf
of an entity or any other person, you have been duly authorized to
so act by such entity or such person. Please keep in mind that you
are not authorized to use the Website if (a) you are not of legal
age or otherwise do not have the legal capacity to form a binding
contract with SPHW, or (b) you are a person barred from using the
Website either (i) under the laws of the jurisdiction in which you
reside or otherwise from which you are attempting to access the
Website, or (ii) due to prior violations of this Agreement. If you
do not agree to be bound by this Agreement, you are not authorized
to use the Website. If we ask Attendees to indicate their
acknowledgement of this Agreement and their adherence to its
provisions more than one time and in more than one manner, such
repeated request and/or multiple execution of this Agreement is
intended for the sake of good practice only and in no way derogates
from the validity of any prior acknowledgement or execution.
1.2 Modification. We reserve the right to modify this Agreement at
any time. You agree to review this Agreement periodically to be
aware of all such modifications. We will indicate that changes to
this Agreement have been made by updating the date indicated after
“Last Updated” at the beginning of this Agreement. You agree that
your continued use of the Website after a modified version of this
Agreement has been posted to the Website shall be deemed to be your
conclusive acceptance of any modified version of this Agreement. If
you do not agree to abide by the initial version and each modified
version of this Agreement, you are not authorized to use the
Website. A current version of this Agreement is accessible via the
footer of the Website’s homepage.
2. SMS Text Messages;
Robo Calls; Email Blasts; Other Contacts. By entering my information
and clicking “GET YOUR FREE QUOTE,” “CHECKOUT,” “ENOLL NOW,”
“SUBMIT,” "PROCEED," or "NEXT", or other similar
language, you provide your electronic signature: (1) providing your
prior express written consent that you have fully read and agree to
the Terms and Conditions and Privacy Policy of ServicePlus Home
Warranty, which includes a Consent to Arbitrate and a Class Action
Waiver. (2) providing your prior express written consent to be
contacted by ServicePlus Home Warranty in order to receive price
quotes. You understand that included in your consent is your
agreement authorizing ServicePlus and their Marketing Partners to
contact you via email or at the telephone number provided, including
your wireless number, using automated technologies, including texts
and prerecorded messages, even if it is registered on a federal,
state, or corporate Do Not Call list. You understand that consent is
not a condition of purchase or receipt of services. If your area is
not covered, you agree that your information may be referred to an
alternate provider. If you do not want to receive automated calls or
text messages, then you can call 1-855-538-6337 to request a quote
or product information.
2.1 Opt Out. Being removed or opting out from any of the marketing
lists for ServicePlus Home Warranty, including, but not limited to,
pre-recorded messages, SMS, emails or any form of communication from
ServicePlus Home Warranty may take up to seven (7) business days to
go into effect from the date of the request.
3.
COMMERCIAL TRANSACTIONS.
3.1 Purchases. Certain of our
products or services may be offered for sale by us through the
Website, by phone by our representatives, or otherwise by us. In the
event you wish to purchase any of these products or services, you
will be asked by SPHW or an authorized third party on SPHW’s behalf
to supply certain of your personally identifiable information
(“PII”), including without limitation, your full name, address,
telephone number and credit card information. You shall provide SPHW
and/or such third party with your accurate, complete and current PII
and other information at all times, and you shall comply with the
terms and conditions of any additional agreement that you may enter
into which governs your purchase of any such product or service. You
shall be responsible for all charges incurred through your Account,
or otherwise made by you or on your behalf.
3.2 Payment.
Your right to use any service or product that is available for
purchase through the Website, by phone, or otherwise, is contingent
upon your payment in full of the applicable fees indicated for such
purchase (collectively, the “Fees”). Each applicable portion of the
Fees must be paid in full at the time of purchase or otherwise as
directed in writing by SPHW. You may pay any portion of the Fees by
Visa, MasterCard, Discover or American Express credit card.
3.3 Taxes. You shall be responsible for obtaining all licenses,
permits and approvals under local, state or federal law which are
applicable to your purchase of any products and/or services from
SPHW or any person acting on behalf of SPHW, and for obtaining all
tax identification numbers and paying all taxes, license fees and
other charges that become due to any governmental authority or any
other person in connection with or related to any such products
and/or services.
4. INTELLECTUAL PROPERTY.
4.1
Proprietary Rights. The Website contains various Content which is
protected by the copyright, trademark and other laws of the United
States and/or other jurisdictions. As between you and SPHW (a) all
right, title and interest (including without limitation all
copyright, trademark, patent, trade secret and other intellectual
property rights) in and to the Website (including without limitation
all Content appearing on the Website) is owned exclusively by SPHW,
and (b) you have no rights in and to the Website other than for (as
between you and us) the limited usage rights expressly described in
this Agreement. Except for that information which is in the public
domain or for which you have been given express written permission
by SPHW, no Content may be sold, copied, reproduced, republished,
uploaded, displayed, posted, transmitted, distributed, modified,
publicly performed, used in any derivative works based thereon or
otherwise used for any public or commercial purpose without the
prior written consent of SPHW and, where applicable, our licensors,
except for as provided in Section 8 hereof.
4.2 Copyright
Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”)
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S.
copyright law. If you believe that your work has been copied and
posted on the Website in a way that constitutes copyright
infringement, please provide our copyright agent with the following
information: (a) an electronic or physical signature of the
copyright owner or of the person authorized to act on behalf of the
owner of the copyright interest, (b) a description of the
copyrighted work that you claim has been infringed, (c) a
description of where the material that you claim is infringing is
located on the Website, (d) your address, telephone number, and
e-mail address, (v) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law, and (e) a statement by you,
made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf. Any notification
by a copyright owner or a person authorized to act on its behalf
that fails to comply with the requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon
SPHW actual knowledge of facts or circumstances from which
infringing material or acts are evident. SPHW’s copyright agent for
notice of claims of copyright infringement can be reached as
follows:
Name: SPHW Copyright Agent
Address: 518 Old Post Road, Suite 7 #315,Edison, NJ 08817-4683
Telephone:
800-545-0402
Fax: 866-383-4947
Email:
admin@serviceplus.com
We suggest that you consult your
legal advisor before filing a notice with SPHW’s copyright agent.
You should note that there can be penalties for false claims under
the DMCA. SPHW will, in appropriate circumstances and to the extent
plausible, terminate the Account of an Attendee who infringes the
rights of copyright holders.
4.3 Trademarks. All
Trademarks appearing on the Website are the property of their
respective owners. SPHW is not affiliated with, or sponsored or
endorsed by, any third party trademark owner whose Trademark appears
on the Website (unless the opposite is expressly indicated), and
SPHW does not sponsor or endorse the owner of any such Trademark. As
used herein, the term “Trademarks” means, collectively, all service
names, graphics, designs, logos, page headers, button icons,
scripts, commercial markings and trade dress appearing on the
Website and/or at an Event which indicate a source of any products
or services. Trademarks are protected by the trademark laws of the
United States and other jurisdictions. You may not use, copy,
reproduce, republish, distribute or modify any Trademarks in any
way, including without limitation by means of the distribution of
Content, without our prior written consent or the consent of a third
party Trademark holder, as applicable. In no event may any of the
Trademarks be used in any manner that is likely to cause confusion
or which causes confusion, or in any manner that disparages or
discredits SPHW and/or any Event.
5. REPRESENTATIONS,
WARRANTIES AND COVENANTS. Further to any other representation or
warranty made by you in this Agreement, you additionally represent
and warrant that (a) you have all rights, power and the full legal
authority to enter into this Agreement and into any additional
applicable agreements with SPHW, on your behalf or on behalf of your
employer (if applicable), (b) you have read this Agreement and you
shall strictly comply with all of its provisions and with all
additional applicable agreements, terms and conditions posted to the
Website or otherwise communicated to you by SPHW over the phone, by
email, at an Event, or otherwise, (c) you have carefully reviewed
the Privacy Policy (as hereinafter defined) and to our information
collection, use, storage and transfer protocols described in such
document, (d) you will not use any Content other than as expressly
permitted in this Agreement, (f) you grant us the right to use your
name, image or likeness in connection with our filming of any Event,
(g) you have the full right to grant all rights being granted to
SPHW by you under this Agreement, and (i) this Agreement is
enforceable against you in accordance with its provisions.
6. LICENSE. You agree not to use, copy, reproduce, distribute,
publish, display, perform, modify, create derivative works of,
transmit, retransmit, sell, publish, broadcast, circulate, display
or in any way exploit any Content (including without limitation any
copyrighted material, trademarks, or other proprietary information),
in whole or in part, whether by e-mail or by any other means, for
any purpose other than for your personal, non-commercial use, and in
a manner which does not disparage SPHW. However, you may print
copies of materials on the Website for your personal, non-commercial
use only, provided that you (i) keep intact all copyright,
Trademark, and other proprietary notices appearing therein, and(ii)
use such materials only in the manner permitted by this Agreement.
7. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE
TO EACH OF THE PROVISIONS SET FORTH IN THE FOLLOWING SECTIONS:
8.1 YOUR SOLE RISK. YOUR USE OF THE WEBSITE IS AT YOUR SOLE
RISK. THE WEBSITE AND EACH EVENT IS PROVIDED “AS IS”, “WHERE IS”,
AND “AS AVAILABLE”, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM THROUGH THE WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE SPHW
PARTIES ASSUMES ANY RESPONSIBILITY (OR SHALL BE LIABLE OR OTHERWISE
RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT OR FOR YOUR USE OF THE
WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS,
PRODUCTS OR SERVICES, AND NONE OF THE SPHW PARTIES MAKES ANY
PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO
SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN CONNECTION WITH THE
WEBSITE OR ANY EVENT.
8.2 NO RELIANCE ON INFORMATION OR
INTERACTIONS. WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION
OBTAINED FROM SPHW OR ANY THIRD PARTY THROUGH THE WEBSITE, WHETHER
PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED
REPRESENTATION OR WARRANTY THAT YOUR USE OF THE WEBSITE OR OTHERWISE
YOUR RELIANCE ON OR OTHER USE OF ANY SUCH INFORMATION WILL MEET YOUR
REQUIREMENTS OR OTHERWISE BE SUCCESSFUL, (B) YOUR USE OF THE WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR
OMISSIONS, (C) SUCH INFORMATION WILL BE ACCURATE, RELIABLE, COMPLETE
OR CURRENT, (D) DEFECTS IN THE OPERATION OF THE FUNCTIONALITY OF ANY
PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, (E)
DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US WILL BE
ACCURATE OR CORRECT, AND (F) ANY SPHW PARTY IS IN ANY WAY LIABLE FOR
ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT
FROM YOUR USE OF THE WEBSITE.
8.3 YOUR SOLE LIABILITY;
RELEASE. NONE OF THE SPHW PARTIES SHALL HAVE ANY LIABILITY,
OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY
LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR
WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE
WEBSITE. SPECIFICALLY, EACH OF THE SPHW PARTIES DISCLAIMS ANY
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF
THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. AS BETWEEN YOU AND
THE SPHW PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES,
LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR
RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY
EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE SPHW PARTIES
FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE
WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT.
9.
LIMITATION OF LIABILITY.
9.1 LIMITED LIABILITY AND
DAMAGES. IN NO EVENT SHALL ANY OF THE SPHW PARTIES BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, OR ANY
PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE, WHETHER OR
NOT SPHW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 CAP ON LIABILITY. IN NO EVENT SHALL THE SPHW PARTIES’
AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE
ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF
THE WEBSITE EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE
GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF
APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
9.3
EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE SPHW
PARTIES IN THIS SECTION 9 SHALL APPLY WHETHER OR NOT ANY OF THE SPHW
PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE
POSSIBILITY OF ANY LIABILITY, LOSSES OR DAMAGES ARISING IN
CONNECTION WITH OR RELATED TO THE WEBSITE AND/OR ANY EVENT. SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS IN SECTION 10 ABOVE OR IN THIS SECTION 11 MAY
NOT APPLY TO YOU.
10. INDEMNITY. Notwithstanding anything
to the contrary in this Agreement, you hereby agree to indemnify,
defend and hold each of the SPHW Parties harmless from and against
any and all claims, demands, actions, losses, expenses, damages
(actual and consequential, direct and indirect) and liabilities of
every kind and nature, and all related costs and expenses thereof
(including without limitation reasonable attorneys’ fees and
disbursements), arising out or related to (a) any breach by you (or
any person acting on your behalf) of any representation, warranty or
covenant made by you (or obligation undertaken by you) in this
Agreement or in any further agreement executed by you with SPHW (if
applicable), (b) any act or omission by you (or any person acting on
your behalf), (c) your use of the Website, (d) your negligence or
misconduct, or (e) your violation of any law, regulation or rule. If
your indemnification obligations under this Section are invoked by
any SPHW Party, such SPHW Party shall endeavor to reasonably
cooperate with you and shall at all times have the right fully to
participate in such SPHW Party’s defense with such SPHW Party’s own
counsel at its own expense. You shall not enter into any settlement
which imposes any liability or obligation on any of the SPHW Parties
or which contains any admission or acknowledgment of wrongdoing
(whether in tort or otherwise) without each such SPHW Party’s prior
written consent.
11. THIRD PARTIES. Your participation,
correspondence or business dealings with any third party found on or
through the Website, in general or specifically regarding payment
and delivery of any specific goods and/or services, and any other
terms, conditions, representations or warranties associated with any
such dealings, are solely between you and such third party. You
agree that none of the SPHW Parties shall be liable or otherwise
responsible for any loss, damage, or other matters of any sort
incurred as the result of or related to any such dealings.
12. NO AGENCY. No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended
or created between you and SPHW by this Agreement or otherwise.
13. PRIVACY. SPHW views the protection of your privacy as
an important responsibility. The terms regulating the handling of
your PII and other information submitted by you in connection with
the Website or any Event is described in our Privacy Policy, which
can be found https://www.serviceplus.com/privacy-policy (the
“Privacy Policy”). By using the Website or otherwise by submitting
your PII or other information to us, you consent to the collection
and use of your PII and other information by us as described in the
Privacy Policy.
14. NOTICES. All notices hereunder shall
be provided by certified mail, postage prepaid and return receipt
requested, to: 518 Old Post Road, Suite 7 #315,Edison, NJ 08817-4683. Notice
shall be deemed given three (3) days after the date of the mailing
or upon receipt by email.
15. GOVERNING LAW; ARBITRATION;
LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
15.1
Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of New Jersey, excluding New
Jersey’s choice-of-law principles, and all claims arising out of or
relating to your use of the Website, contacts between you and us
(including telephone calls and text messages), this Agreement and/or
any other understanding or arrangement between you and SPHW or any
of the other SPHW Parties, or the breach of any thereof, whether
sounding in contract, tort or otherwise, shall likewise be governed
by the laws of the State of New Jersey, excluding New York’s
choice-of-law principles.
15.2 Arbitration; Legal Fees;
No Jury Trial; No Class Actions; No Cross Claims. Any dispute with
you or any person acting on your behalf (if applicable) which arises
out of or is related to your use of the Website, this Agreement,
and/or any other understanding or arrangement between you and SPHW
or any of the other SPHW Parties, including without limitation
regarding any breach of this Agreement, any contacts between you and
SPHW (including, but not limited to, emails, telephone calls, and
text message correspondence between us and you, including but not
limited to, claims under the Telephone Consumer Protection Act), or
any other such other understanding or arrangement, shall be finally
resolved by binding arbitration administered by a private
professional arbitrator and rules reasonably determined by the
parties in writing, and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction. You and
SPHW are expressly waiving any rights to a jury trial. The
arbitration will be conducted in the State of New Jersey, by an
arbitrator with applicable industry expertise in the field of event
management services, who shall be named in accordance with such
rules. The award of the arbitrator shall be final and binding on you
and SPHW , and shall be accompanied by a statement of the reasons
upon which the award is based, and such statement as well as all
information concerning such arbitration proceedings including
without limitation all evidence and materials submitted by you and
SPHW and any decision rendered shall be deemed to be the
confidential information of SPHW and shall not be made public by you
or any person acting on your behalf or for your interest (and any
submission made to any court as part of such a proceeding shall be
made under seal). If the party initiating such a proceeding does not
prevail regarding a material part of its claim, then the initiating
party shall pay the responding party’s costs and expenses, including
but not limited to reasonable attorneys’ fees and costs as well as
the costs for any counter claim asserted by the responding party. NO
ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY
OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS
SHALL BE PERMITTED. Notwithstanding the foregoing, either you or
SPHW may apply to any federal or state court sitting in the County
and State of New Jersey for injunctive relief or enforcement of this
arbitration provision, without breach of this arbitration provision,
and you and SPHW each submits to the exclusive jurisdiction of such
courts for such purpose. You and SPHW waive any right to assert any
claims against the other party as a representative or member in any
class or representative action. You agree that any and all claims,
judgments and awards shall be limited to actual out-of-pocket costs
incurred to a maximum of $1500 per claim, but in no event
attorneys' fees. You also agree that SPHW is not liable for
consequential, incidental, indirect, secondary or punitive damages
as you are waiving your rights to all such damages. You and SPHW
each expressly waives any claim of improper venue and any claim that
such courts are an inconvenient forum.
15.3 Equitable
Relief. You agree that it would be impossible or inadequate to
measure and calculate SPHW’s damages from any breach of certain of
the representations, warranties or covenants made, or obligations
undertaken, by you in this Agreement. Accordingly, you agree that
SPHW shall have the right to obtain an immediate injunction
enjoining any breach or threatened breach of any your obligations
under this Agreement which SPHW in its sole discretion believes will
cause damage to any of the SPHW Parties, without having to post a
bond or other security, and to specific performance of any such
provision of this Agreement. The remedies of SPHW in connection with
this Section shall be in addition to, and not in limitation of, any
other remedies to which SPHW may be entitled under this Agreement or
otherwise at law or in equity. If SPHW prevails in any such
proceeding, SPHW shall have the right to recover from you the costs
and expenses thereof, including without limitation for reasonable
attorneys’ fees. For purpose of this Section 15.3, you agree to the
personal and exclusive jurisdiction by and venue of any federal or
state court sitting in the County and State of New Jersey for SPHW’s
pursuit of such relief, without breach of the above arbitration
provision, and you and SPHW submit to the exclusive jurisdiction of
such courts for such purpose, and to receive service of process
through certified mail or by other means sanctioned by law, and you
expressly waive any claim of improper venue and any claim that such
courts are an inconvenient forum.
16. TIMELY FILING OF
CLAIMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO
YOUR USE OF THE WEBSITE, OR ANY CONTACTS BETWEEN SPHW AND YOU
(INCLUDING, BUT NOT LIMITED TO, TEXT MESSAGES, CALLS, OR EMAILS) OR
OTHERWISE THIS AGREEMENT, MUST BE FILED BY YOU WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE
ARISEN.
17. ASSIGNMENT. You shall not sell, assign or
otherwise transfer any of your rights or obligations under this
Agreement, without SPHW’s prior written consent (to be provided or
denied in our sole discretion). This Agreement may be automatically
assigned by SPHW, in our sole discretion, to a third party, and such
an assignment shall inure to the benefit of such third party or
otherwise to our successors, assigns and/or licensees. Without
limitation of the foregoing, we may sell, transfer or otherwise
share some or all of our assets, including without limitation your
PII, with any parent company, subsidiary, joint venture, or any
company under our common control, as well as with a potential
acquirer, in connection with a merger, reorganization, or sale of
assets, or in the event of bankruptcy. In each such an event, the
PII we have collected from you may be one of the assets so
transferred.
18. VALIDITY; WAIVER. If any one or more of
the provisions contained in this Agreement shall, for any reason, be
held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any of
the other provisions of this Agreement, which shall remain in full
force and effect, and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained
herein. If, moreover, any one or more of the provisions contained in
this Agreement shall for any reason be held to be excessively broad
as to duration, geographical scope, activity or subject, it shall be
construed by limiting and reducing it, so as to be enforceable to
the extent compatible with applicable law as it shall then appear.
Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to a subsequent or similar
breach or subsequent or similar breaches. If SPHW does not exercise
or enforce any legal right or remedy which is contained in this
Agreement (or which SPHW has the benefit of exercising or enforcing
under any applicable law), such non-exercise or non-enforcement
shall not be taken to be a formal waiver of SPHW’s rights or
remedies, and all such rights or remedies shall still be available
to SPHW.
19. GENERAL. Section headings are for reference
purposes only and in no way define, limit, construe or describe the
scope or extent of any such section. This Agreement and any
additional applicable agreement between you and us sets forth the
entire understanding and agreement between us with respect to the
subject matter hereof. The provisions of this Agreement will survive
termination or expiration to the extent necessary to carry out the
intentions of you and us.
20. CONTACT US. If you have any
questions or concerns regarding the Website, please contact us by
e-mail: admin@serviceplus.com.
ServicePlus Home Warranty offers its customers mobile alerts regarding marketing messages, sales, promotions, and discounts by SMS message (the "Service") on short code 64198. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. ServicePlus Home Warranty reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
A. Authorize ServicePlus Home Warranty to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
B.Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C.Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
D.Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call contact us at 1-800-545-0402. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Once you affirm your choice to opt-in to the Service on short code 64198, your message frequency may vary. You may receive alerts about:
A.Sale promotions
B.Discounts
C.New product services and program plans
D.Quote reminders
E.Browsing reminders
F.Blog promotions
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I.Warranty information
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. ServicePlus Home Warranty may add or remove any wireless carrier from the Service at any time without notice. ServicePlus Home Warranty and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To stop receiving text messages from ServicePlus Home Warranty, text the word STOP to short code 64198 any time or reply STOP to any of the text messages you have received from ServicePlus Home Warranty. After texting STOP to short code 64198, you will receive one additional message confirming that your request has been processed. Being removed or opting out from any of the marketing lists for ServicePlus, including, but not limited to, pre-recorded messages, SMS, emails or any form of communication from ServicePlus may take up to seven (7) business days to go into effect from the date of the request. No additional messages will be sent to you unless you opt in again.
You can text HELP for help at any time to short code 64198. This will provide you with a toll-free number, 1-800-545-0402 to contact customer service. You can also contact us at ServicePlus Home Warranty 518 Old Post Road, Suite 7 #315,Edison, NJ 08817-4683.
These Mobile Terms and Conditions are subject to change at any time without notice.
This Sample Service Agreement, hereinafter referred to as the “Agreement” or “service contract”, is issued by the entity listed for your state on the Coverage Summary page. Such entity is hereinafter referred to as “SPHW”, “we”, “us”, and/or “our”, or “provider”. The owner of the property covered by this Agreement is hereinafter referred to as “you” and/or “your”, or “contract holder”. SPHW offers home service contracts, which are not warranties. SPHW reserves the right to revise this Agreement at any time and you are deemed to be apprised of and bound by any changes to this Agreement. Terms may vary in different States.
Obligations of the provider under this service contract are backed by the full faith and credit of the provider.
Certain items and events are not covered by this Agreement. Please read the Agreement carefully. Coverage includes only certain mechanical failures of the specific items listed as covered on your Agreement Coverage Summary and excludes all other failures and/or items. The Agreement Coverage Summary is attached to and made a part of this Agreement.
I. BASIS FOR COVERAGE
During the term of this Agreement, we agree to pay the covered costs to repair or replace the items listed as covered on your Agreement Coverage Summary if any such items become inoperable due to mechanical failure caused by normal wear and tear. Determination of Coverage including the operational condition as of the Agreement effective date for any claim will be made solely by us, considering but not limited to, our independent contractor’s diagnosis, hereinafter referred to as the “Service Contractor”. This Agreement does not cover any known or unknown pre-existing conditions. It is understood that WE ARE NOT A SERVICE CONTRACTOR and is not itself undertaking to repair or replace any such systems or components. This Agreement covers single-family homes, new construction homes, condominiums, townhomes, and mobile homes under 5,000 square feet, unless an alternative dwelling type (i.e. above 5,000 square feet or multi-unit home) is applied, and appropriate fees are paid. This Agreement will not cover systems or appliances within (a) commercial properties; (b) residential properties used for business purposes, including, but not limited to, dwellings used for rest homes, day care centers, schools and/or professional offices; (c) common areas of condominiums, multi-family houses and/or cooperatives; (d) vacant properties, and; (e) foreclosed/short sold properties. Coverage applies to the systems and components mentioned as “covered” in accordance with the terms and conditions of this Agreement so long as such systems and components:
A. Become inoperable due to normal wear and tear; and
B. Are in place and in proper working order on the effective date of this Agreement; and
C. Are located inside the confines of the main foundation of the home or attached or detached garage, with the exception of the air conditioner, exterior pool/spa, septic system, and well pump.
II. TERM
Coverage starts 30 days after acceptance of application by us and receipt of applicable Agreement fees and continues for 365 days from that date. We reserve the right to waive the 30-day grace period so long as you provide proof or prior coverage, showing no lapse of coverage, from another home service provider. Waiving of the 30-day waiting period is at the sole discretion of us.
III. REQUESTING SERVICE – CALL (800) 545-0402 OR REQUEST SERVICE THROUGH THE CUSTOMER PORTAL
A. We must be notified as soon as the malfunction is discovered and prior to expiration of the Agreement. You can request service by calling 1-800-545-0402 or requesting service through the Customer Portal. We will accept service requests 24 hours a day, 7 days a week. We will not provide service until all past due Trade Service Call Fees and Plan Fees are made current.
B. Upon request for service under normal circumstances, we will contact an authorized Service Contractor within two (2) days during normal business hours and four (4) days on weekends and holidays after you request service. The authorized Service Contractor will contact you to schedule a mutually convenient appointment during normal business hours. We will determine what repairs constitute an emergency and will make reasonable efforts to expedite emergency service. We will accept your request to expedite scheduling of non-emergency service only when a Service Contractor is available. If the Service Contractor agrees to expedite scheduling of a non-emergency service request, you may be required to pay an additional fee.
C. We have the sole and absolute right to select the Service Contractor to perform the service. We will not reimburse for services performed without its prior approval.
D. In the event that we inform you the malfunction is not covered under this Agreement, you have the right to request a second opinion of the cause of the malfunction. You must request in writing for a second opinion from another Service Contractor within seven (7) days from us informing you the malfunction is not covered. In the event that the outcome of the second opinion is different than the first opinion, then we may, in our discretion, decide whether to accept Coverage under this Agreement. If you request a second opinion, you will be responsible for the payment of an additional Trade Service Call Fee only if the outcome of the second opinion is the same as the initial opinion.
E. Instances beyond SPHW’s control may prevent SPHW from providing a Service Contractor to repair or replace a covered item. In these instances, we reserve the right to provide you cash-in-lieu of the repair or replacement services. This amount offered is based on what SPHW would expect to pay (which is substantially less than retail cost) for parts and labor for covered items less the incurred cost of the contractor’s diagnosis. In the event we authorize in writing or request you in writing to contact an independent service contractor to perform a covered service, we will provide reimbursement for an authorized amount of the cost you incur for the repair or replacement services. Acceptable proof of the repair and your actual itemized costs must be provided to and approved by us in writing before any reimbursement will be paid by submitting the Official ServicePlus Claim Reimbursement Form and obtaining approval from us in writing for the requested reimbursement. We will reimburse an independent service contractor that we approved in writing at our rates (and not the rates of the approved independent service contractor). We are not responsible for expenses you incur without our express written consent. We will not reimburse you for any costs associated with unauthorized repairs or work performed by unauthorized contractors.
F. If a particular repair or replacement fails within 30 days, we will send a Service Contractor to repair the failure and you will not be charged an additional Trade Service Call Fee for a period of 90 days on parts and 30 days on labor.
IV. TRADE SERVICE CALL FEE
NOTE: The amount of your Trade Service Call Fee is listed on your Agreement Coverage Summary.
A. You are required to pay a Trade Service Call Fee for each trade service request you submit to us.
B. The Trade Service Call Fee applies to each call dispatched and scheduled, including but not limited to those calls where Coverage is approved or denied, included or excluded, covered or not covered. The Trade Service Call Fee also applies in the event you fail to be present at a scheduled time, or in the event you cancel a service request at the time a Service Contractor is in route to your home or at your home. Failure to pay the Trade Service Call Fee will result in suspension or cancellation of Agreement until such time as the proper Trade Service Call Fee is paid. At that time, the Agreement may be reinstated; however, the contract period will not be extended.
C. If a particular repair or replacement fails within 30 days, we will send a Service Contractor to repair the failure and you will not be charged an additional Trade Service Call Fee.
V. COVERAGE
Coverage is dependent on plan you selected. Please refer to your Agreement Coverage Summary page. Coverage is for no more than one (1) unit, system, or appliance, unless additional fees are paid or specified otherwise. If no additional fees are paid, covered unit, system, or appliance is at our sole discretion. Certain limitations of liability apply to covered systems and appliances.
A. Air Conditioning System
Note: Coverage available on Air Conditioning units up to a 5-ton capacity, and for residential use only.
COVERED: Mechanical parts and components of two (2) ducted electric central air conditioning systems. All components and parts for units below 13 SEER and/or R-22 equipment, and when we are unable to facilitate repair and/or replacement of failed covered equipment at the current SEER rating or with R-22 equipment, repair and/or replacement will be performed with 13 SEER/R410A equipment and/or 7.7 HSPF or higher compliant, except:
NOT COVERED: Filters; filter driers; condenser casings; registers and grills; water towers; humidifiers; chillers; electronic air cleaners; window units; non-ducted wall units; mini-split wall units; gas air conditioning systems; water evaporative coolers; swamp coolers; condensate pumps; valves of any kind (including but not limited to: thermal expansion, Schrader, gas, key, and reversing); all exterior condensing, cooling and pump pads; disconnect boxes; roof mounts, jacks, stands or supports; cost for crane rentals; electronic, computerized, and manual systems management and zone controllers; zone components and parts; zone system components; commercial grade equipment; refrigerant conversion; leak detections; water leaks; drain line stoppages or drain pans; failures due to locked and/or open windings, line restrictions, filter driers; maintenance; rusted and/or corroded coils; component short to ground; noise without a related mechanical failure; improperly sized units; air conditioning with mismatched condensing unit and evaporative coil per manufacturer specifications; improper use of metering devices (i.e. thermal expansion valves). We are not responsible for the costs associated with matching dimensions, brand or color made. We will not pay for any modifications or upgrades necessitated by the repair of existing equipment or the installation of new equipment. We will pay up to $10 per pound per occurrence for refrigerant. You are responsible for payment of any costs in excess of $10 per pound.
B. Heating System
Note: Coverage available on units up to a 5-ton capacity, and for residential use only.
COVERED: Mechanical parts and components of two (2) systems, either hot water and steam heating system or centrally ducted forced air gas/electric/oil heating system or electric baseboard units, if providing the primary source of heat in dwelling, as follows: accessible ductwork from covered heating unit to point of attachment to register/grill; blower fan motors; burners; controls; fan blades; heat/cool thermostats (programmable and electronic set back units will be replaced only with standard units); heating elements; ignitor and pilot assemblies; internal system controls; wiring; and relays; motors (excludes dampers); and switches. Electric baseboard units are covered if they are the primary source of heating for the property.
NOT COVERED: Chimneys, flues, and liners; cleaning and re-lighting of pilots; concrete encased or inaccessible ductwork; concrete encased or inaccessible steam or radiant heating coils or lines; conditions of water flow restriction due to scale, rust, minerals and other deposits; heat exchangers; cracked heat exchangers; rusted and/or corroded heat exchangers; maintenance and cleaning; calcium build-up; evaporator coil pan; primary or secondary drain pans; fossil and dual fuel control systems and other energy management systems and controls; zone controllers; zone components and parts; zone system components; dampers; asbestos insulated ductwork or piping; electric baseboard heat unless primary heating system in home; filters (including electronic/electrostatic and de-ionizing filter systems); fireplaces and their respective components and gas lines; free-standing or portable heating units; heat lamps; pellet stoves; fuel storage tanks, lines, and filters; gas log systems, including gas feed lines; valves of any kind (including but not limited to: thermal expansion, Schrader, gas, key, and reversing); oil filters, nozzles, or strainers; humidifiers; inaccessible water/steam lines leading to or from system; backflow preventers; short to ground components; individual space heaters; panels and/or cabinetry; radiant heating systems built into walls, floors or ceilings; registers and grills; secondary units; solar heating devices and components; maintenance; noise without a related mechanical failure; improperly sized heating systems; failures due to line restrictions; mismatched systems; and structural components.
C. Refrigerator
Note: Refrigerator must be located in the kitchen.
COVERED: All components and parts, including integral freezer unit, except:
NOT COVERED: Racks; shelves; glass; lighting; handles; doors, door seals, hinges, and gaskets; Freon; disposal and recapture of Freon; ice makers, ice crushers, beverage dispensers and their respective equipment; water lines and valve to ice maker; line restrictions; leaks of any kind; maintenance; interior thermal shells; freezers which are not an integral part of the refrigerator; wine chillers or mini refrigerators; food spoilage; noise without a related mechanical failure; multi-media centers and internet connection components.
D. Clothes Washer
COVERED: All components and parts, except:
NOT COVERED: Soap dispensers; removable minitubs; filter screens; knobs and dials; doors, door seals and hinges; glass; leveling and balancing; damage to clothing; commercial units; noise without a related mechanical failure; conditions of water flow restriction due to scale, rust, minerals and other deposits.
E. Clothes Dryer
COVERED: All components and parts, except:
NOT COVERED: Venting; lint screens; knobs and dials; doors, door seals, and hinges; glass; leveling and balancing; noise without a related mechanical failure; damage to clothing; conditions of air flow restriction due to a lack of maintenance and/or clogged lint screens.
F. Plumbing System and Stoppage
Note: Mainline stoppages are only covered if there is an accessible ground level clean out.
COVERED: Leaks and breaks of water, drain, gas, waste or vent lines, except if caused by freezing or roots; toilet tanks, bowls and mechanisms within the toilet tank (replaced with builder’s grade as necessary); toilet wax ring seals; built-in bathtub whirlpool motor and pump assemblies; stoppages and/or clogs in drain and sewer lines up to 100 feet from access point. Repair and finish of any walls or ceilings where it is necessary to break through to effect repair is only covered to the following extent: repair of walls or ceilings to rough finish up to $500 per claim. Rough finish is defined to include hanging of drywall, patching of drywall, stucco, and lath. Repair to rough finish does not include supplies or labor for paint, sanding, wall texture, wallpaper and/or tile work.
NOT COVERED: All plumbing in or under the ground, foundation or slab; all piping and plumbing outside of the perimeter of the foundation; any piping or plumbing in a detached structure; stoppage of concrete encased lines; leak detections; any fees for locating, accessing or installing cleanouts; removal of water closets/toilets in order to clear stoppages, any fees for photo/video equipment, hydro-jetting equipment; jet or steam clearing; chemicals; stoppages caused by root invasion; stoppages caused by foreign objects, such as but not limited to, sanitary wipes, toys, bottle caps, etc.; bath tubs; toilet lids and seats; sinks; cracked porcelain; basket and strainers; pop-up assemblies; tub waste overflow; glass; bidets; electronic toilets/bidets; caulking or grout; color or purity of the water in the system; concrete encased plumbing; conditions of insufficient or excessive water pressure; conditions of water flow restriction due to scale, rust, sediment, and other deposits; failures due to calcium build-up; hose bibs; faucets and fixtures; faucet and fixtures cartridges; valves for shower, tub, and diverter angle stops, rinses and gate valves; water softeners; freeze damage; reverse osmosis; water filtration systems; holding and pressure tanks; jet pumps; laundry tubs; lawn sprinkler systems; saunas and/or steam systems; polybutylene or quest piping; galvanized drain lines; drum traps; flange; repair and finish of any floors where it is necessary to break through to effect repairs; septic tanks and systems in or outside of the home; sewage ejector pumps; sewer and water laterals; shower enclosures and base pans. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
G. Water Heater
COVERED: All components and parts for gas and/or electric hot water heaters, including circulating pumps, except:
NOT COVERED: Auxiliary and secondary holding/storage tanks; main, holding or storage tanks; expansion tanks; base pans; drain pans and drain lines; line restrictions; pressure reducing valve; sediment build-up; mineral and/or calcium build-up; rust and corrosion; combustion shutdown; color or purity of water; flues; vent pipes/lines; insulation and insulation blankets; heat recovery units; tankless hot water heaters; low boy and/or squat water heaters; solar water heaters including all solar components and parts; any noise without a related mechanical failure; holding tank failure and any other reported failures on the water heater as a result of the holding tank failure; racks; straps; timers; energy management systems; commercial grade equipment and units exceeding 75 gallons. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
H. Whirlpool Bathtub
COVERED: Mechanical parts and components including accessible electrical controls; accessible plumbing lines; air pumps; gaskets; and primary circulation pump and motor.
NOT COVERED: Bathtub shell; heaters; lights; multi-media systems; faucets and fixtures; caulking and grout; drains; jets; conditions of water flow restriction due to scale, rust, minerals and other deposits; failures due to dry operation of equipment; gaining access to electrical, component parts, and/or piping; tiles and marble; and tub enclosure. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
I. Electrical System
COVERED: All components and parts, except:
NOT COVERED: Attic exhaust fans; direct current (DC) wiring and systems; exterior wiring and components (except main panels mounted to exterior wall); any wiring or components servicing a detached structure; fire, carbon monoxide alarm and/or detection systems; batteries; intercom or speaker systems; doorbells; multi-media systems; lighting fixtures; load control devices; low voltage systems including wiring and relays; service entrance cables; telephone systems; telephone wiring; cable wiring; alarm and/or security systems and wiring; timers; touch pad assemblies; transmitters and remotes; utility meter base pans; solar power systems and panels; all solar components and parts; energy management systems; commercial grade equipment; auxiliary or sub-panels; bus bars; broken and/or severed wires; rerunning of new wiring for broken wires; wire tracing; central vacuum systems. Failures and conditions caused by inadequate wiring capacity, inadequate size breakers, circuit overload, power failure/shortage or surge, and corrosion are not covered. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
J. Oven/Range/Stove/Cooktop
COVERED: All mechanical components and parts, except:
NOT COVERED: Doors; door seals; hinges; handles; glass; knobs; lighting; clocks (unless the clock affects the cooking function of the unit); meat probe assemblies, rotisseries; racks and trays; downdrafts; range exhaust hoods; independent telescoping range exhaust; exhaust fan not solely for venting range/cooktop fumes; filters and screens; venting; sensi-heat burners will only be replaced with standard burners; drip pans; self-cleaning mechanisms including door latches; commercial units.
K. Built-In Microwave
COVERED: All mechanical components and parts, except:
NOT COVERED: Doors; hinges; handles; glass; knobs; lights; clocks (unless they affect the cooking function of the unit); meat probe assemblies, rotisseries; racks and trays; interior linings; arcing; portable or counter top units.
L. Dishwasher
COVERED: All mechanical components and parts, except:
NOT COVERED: Doors; door seals; hinges; handles; glass; knobs; racks, trays, and baskets; rollers; damage caused by broken glass; noise without a related mechanical failure; maintenance and cleaning; commercial units; portable units.
M. Garbage Disposal
COVERED: All components and parts, including entire unit, except:
NOT COVERED: Failures and/or jams caused by bones, eggshells; glass, or foreign objects other than food.
N. Trash Compactor
COVERED: All components and parts, except:
NOT COVERED: Portable units; lock and key assemblies; removable buckets; doors; door seals; hinges; handles; damage caused by overloading; commercial units.
O. Ductwork
COVERED: Duct from heating and air conditioning unit to point of attachment at registers or grills, except:
NOT COVERED: Registers and grills; insulation; insulated ductwork; asbestos; vents, flues and breaching; ductwork exposed to outside elements; improperly sized ductwork; separation due to settlement and/or lack of support; damper motors; diagnostic testing of, or locating leaks to ductwork, including but not limited to, as required by any federal, state or local law, ordinance or regulation, or when required due to the installation or replacement of system equipment. This agreement does not cover any inaccessible ductwork. We will provide access to ductwork through unobstructed walls, ceilings or floors, only, and will return the access opening to rough finish condition. Rough finish is defined to include hanging of drywall, patching of drywall, stucco, and lath. Repair to rough finish does not include supplies or labor for paint, sanding, wall texture, wallpaper and/or tile work. We shall not be responsible for payment of the cost to remove and replace any built-in appliances, cabinets, floor coverings or other obstructions impeding access to walls, ceilings, and/or floors. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
P. Garage Door Opener
Note: Coverage is for no more than one (1) unit, system, or appliance, unless additional fees are paid.
COVERED: All components and parts, except:
NOT COVERED: Garage doors; hinges; springs; sensors; chains; travelers; door track assemblies; rollers; lights; keypads; wall buttons; remote receiving and/or transmitting devices. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
Q. Ceiling and Exhaust Fans
Note: Coverage is for no more than two (2) units, systems, or appliances, unless additional fees are paid. Builder's standard equipment is used when replacement is necessary.
COVERED: Motors; switches; controls; bearings, except:
NOT COVERED: Kitchen exhaust fans; range exhaust fans; fan blades; belts; shutters; filters; lighting. We will pay no more than $400 per contract term for access, diagnosis, repair and/or replacement.
VI. OPTIONAL COVERAGE
Optional Coverage requires additional payment per item, system, or appliance. You may purchase any Optional Coverage for up to 30 days after commencement of Coverage. However, Coverage shall not commence until receipt of payment by us and such Coverage shall expire upon expiration of Coverage period in section II.
A. Pool/Spa Equipment
Note: Shared equipment is covered. If equipment is not shared, then only one or the other is covered unless an additional fee is paid.
COVERED: Above ground components and parts of the pumping, and filtration system including pool sweep motor and pump; pump motor; blower motor and timer; filter; filter timer; gaskets; timer; valves, limited to back flush, actuator, check, and 2 and 3-way valves; relays and switches; above ground plumbing pipes and wiring, except:
NOT COVERED: Portable or above ground spas; access to pool and spa equipment; lights; liners and tile; jets; ornamental fountains, waterfalls and their pumping systems; auxiliary pumps; pool cover and related equipment; fill line and fill valves; built-in or detachable cleaning equipment including, without limitation, pool sweeps, pop-up heads, turbo valves, skimmers, chlorinators, and ionizers; fuel storage tanks; disposable filtration mediums; heat pump; heaters; control panels; control boards; multi-media centers; dehumidifiers; salt water generators and components; salt water systems; cracked or corroded filter casings; grids; cartridges; maintenance; structural defects; solar equipment and components. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
B. Limited Roof Leak
Note: Coverage applies to single family homes only.
COVERED: Repair of shake and composition roof leaks over the occupied living area.
NOT COVERED: Leaks related to patios; porches; decks; metal roofs; foam roofs; shingles; cemwood shakes; cracked and/or missing material; tiles; tar and gravel; flat or built-up roofs; structural leaks; asphalt; gutters; downspouts; skylights; flashing; patio covers; solar components; attic vents; roof jacks; satellite components; antennae; chimney components; partial roof replacement; preventative maintenance. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
C. Central Vacuum
COVERED: All mechanical components and parts, except:
NOT COVERED: Ductwork; piping; nozzles; hoses; blockages; accessories. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement.
D. Sump Pump
COVERED: Mechanical parts and components of permanently installed sump pump for ground water, within the foundation of the home or attached garage, except:
NOT COVERED: Any unit located outside the covered property and/or within crawl spaces; back-up power assemblies; portable or non-hard piped installed units; sewerage ejector pumps; backflow preventers; check valves; piping modifications for new installs. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
E. Well Pump
COVERED: All components and parts of well pump utilized as a main source of water to the home, except:
NOT COVERED: Above or underground piping, cable or electrical lines leading to or from the well pump, including those that are located within the well casing; holding or storage tanks; digging; locating pump; pump retrieval; redrilling of wells; well casings; pressure tanks; pressure switches and gauges; check valve; relief valve; drop pipe; piping or electrical lines leading to or connecting pressure tank and main dwelling including wiring from control box to the pump; booster pumps; well pump and all well pump components for geothermal and/or water source heat pumps. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
F. Septic System
COVERED: Sewage ejector pump for septic system only; jet pump; aerobic pump. Clearing of stoppages within the connecting waste line (leading from the house to the primary septic tank) which are attributable to normal wear and tear and can be accessed through an existing clean out without excavation.
NOT COVERED: Broken or collapsed sewer lines; tile fields; leach beds; leach lines; lateral lines; tanks; insufficient capacity; seepage pits; cesspools and sewage ejector pumps not associated with the septic system. We do not cover the cost associated with locating or gaining access to the septic tank or sewer hook-ups nor do we cover the cost of installing cleanouts or hook ups if they do not already exist; disposal of waste; pumping; chemical treatments of the septic tank or sewer lines, stoppages caused by root invasion and/or stoppages caused by foreign objects, such as but not limited to, toys and bottle caps. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
G. Septic Tank Pumping
COVERED: The septic tank will be pumped once during the Agreement term if the stoppage is due to septic back up only. Coverage applies to main line stoppages and/or clogs and must have existing access or clean out. Coverage can only become effective if a septic certification was completed within 90 days prior to close of sale. We reserve the right to request a copy of the certification prior to service dispatch.
NOT COVERED: We do not cover the cost associated with locating or gaining access to the septic tank or sewer hook-ups nor do we cover the cost of installing cleanouts or hook ups if they do not already exist; disposal of waste; chemical treatments of the septic tank or sewer lines; leach beds; leach lines; lateral lines; tanks; cesspools; mechanical pumps and/or systems. We will pay no more than $200 per contract term for access, diagnosis, repair; and pumping.
H. Second Refrigerator
COVERED: All components and parts, including integral freezer unit, except:
NOT COVERED: Racks; shelves; glass; lighting; handles; doors, door seals, hinges, and gaskets; Freon; disposal and recapture of Freon; ice makers, ice crushers, beverage dispensers and their respective equipment; water lines and valve to ice maker; line restrictions; leaks of any kind; maintenance; interior thermal shells; freezers which are not an integral part of the refrigerator; wine chillers or mini refrigerators; food spoilage; noise without a related mechanical failure; multi-media centers and internet connection components.
I. Stand Alone Freezer
COVERED: All components and parts, except:
NOT COVERED: Racks; shelves; glass; lighting; handles; doors, door seals, hinges, and gaskets; Freon; disposal and recapture of Freon; ice makers, ice crushers; water lines and valve to ice maker; line restrictions; leaks of any kind; maintenance; interior thermal shells; food spoilage; noise without a related mechanical failure; multi-media centers and internet connection components.
J. Water Softener
COVERED: Mechanical parts and components of basic single water softener unit, including central head assembly; multi-level/twin softeners; piping to and from unit(s) and system tanks.
NOT COVERED: Any and all treatment, purification, odor control, iron filtration components and systems; discharge drywells; inadequate pressure; failure due to excessive water pressure or freeze damage; failures due to mineral and/or sediment; resin bed replacement and salt; leased or rented units; softening agents. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.
K. Refrigerator Ice Maker
COVERED: Mechanical components and parts related to the kitchen refrigerator ice maker only, except:
NOT COVERED: Free standing ice makers; Freon; disposal and recapture of Freon; dispensers; ice crushers; water lines and valve to ice maker; line restrictions. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement.
L. Free Standing Ice Maker
COVERED: All mechanical components and parts, except:
NOT COVERED: Racks; shelves; glass; lighting; handles; doors, door seals, hinges, and gaskets; Freon; disposal and recapture of Freon, ice crushers; water lines and valve to ice maker; line restrictions; leaks of any kind; maintenance; interior thermal shells; noise without a related mechanical failure; leveling and balancing; commercial units. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement.
M. GREENguard™
COVERED: If a covered system or appliance (limited to Clothes Washer, Clothes Dryer, Refrigerator, and Dishwasher) fails per section I above and subject to all other Agreement inclusions, exclusions and limitations, and it cannot be repaired, we will replace the appliance with an ENERGY STAR qualified product (subject to availability, exclusions and limitations), one with similar and like features as existing appliance, except:
NOT COVERED: All other Agreement limitations of liability and exclusions apply.
N. Lawn Sprinkler System
Note: Coverage is for lawn sprinkler systems only.
COVERED: Timers; valves; stoppages, except:
NOT COVERED: Hydraulic systems; malfunctioning due to lack of water pressure; digging of sprinkler lines; water lines; leak detections; batteries; drip irrigation systems; damage due to freezing, pets, cars, or lawn care equipment; sprinkler heads; seasonal maintenance; improper electrical current; systems using water containing corrosive chemicals, electrolytes, sand, dirt, silt, rust or agents that otherwise attack and degrade plastics. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement.
VII. GENERAL LIMITATIONS OF LIABILITY
A. The following are not included during the contract term; (i) malfunction or improper operation due to rust or corrosion of all systems and appliances, (ii) collapsed ductwork, (iii) known or unknown pre-existing conditions, deficiencies and/or defects.
B. We are not responsible for the repair of any cosmetic defects or performance of routine maintenance.
C. At times it is necessary to open walls or ceilings to make repairs. The Service Contractor provided by us will close the opening, and return to a rough finish condition. We are not responsible for restoration of any wall coverings, floor coverings, plaster, cabinets, counter tops, tiling, paint, or the like. Rough finish is defined to include hanging of drywall, patching of drywall, stucco, and lath. Repair to rough finish does not include supplies or labor for paint, sanding, wall texture, wallpaper and/or tile work.
D. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation abuse; misuse and/or neglect; secondary failures; lack of maintenance; rust and/or corrosion; noise without a related mechanical failure; chemical or sedimentary build up; failures due to calcium build-up; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; water damage; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure. We are not responsible for drywall or rough finish repairs on not covered claims.
E. This Agreement shall not cover any item(s) if they are mismatched systems with components having incompatible capacity ratings; modified from the original manufacturer design or application; items determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with Optional Coverage purchased for items outside the main perimeter.
F. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
G. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or local law, code, regulation, or ordinance. All such costs are your responsibility.
H. SEER (Seasonal Energy Efficiency Ratio) operational compatibility: If we elect to replace an air conditioning condenser or heat pump unit, and it becomes necessary to make a mechanical modification to the evaporator coil in order to provide operational compatibility, we agree to pay the covered costs for one (1) of the following, determination is at our sole discretion, only: expansion metering device, or coil, or air handler. This Agreement does not cover any costs associated with modifications or upgrades required to match efficiency value, rating or ratio.
I. This Agreement does not cover fees associated with the removal and/or disposal of old systems, appliances and components; any fees or costs associated with Freon reclamation.
J. This Agreement does not cover fees associated with the removal and/or disposal of hazardous or toxic material or asbestos.
K. This Agreement does not cover repair or replacement of systems, appliances or components classified by the manufacturer as commercial-grade.
L. This Agreement does not cover (i) fees associated with use of cranes or other lifting equipment required to service any item or system; or (ii) excavation or other charges associated with gaining access to the well pump; or (iii) electronic computerized energy management systems or devices, or lighting and/or appliance management systems; or (iv) solar systems and solar components.
M. This Agreement does not cover ductwork with the sole exception of ductwork that is exposed and readily accessible to service a mechanical failure of a covered air conditioning or heating system or item. This Agreement does not cover: asbestos insulated ductwork; concrete encased or inaccessible ductwork; crushed/collapsed ductwork; ductwork damaged by moisture, water, pests and/or animals; insulation; registers, grills and dampers; underground ductwork. Inaccessible ductwork refers to ductwork that is used in central heating and/or air conditioning systems that is not exposed and cannot readily be accessed for replacement or repair due to design and installation obstacles such as, but not limited to, permanent partitions, chimneys, etc., and ductwork embedded in floors, walls or ceilings.
N. This Agreement does not cover any costs incurred to gain and/or close access to a covered item, system, appliance or component in situations where there is not adequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, toilets, sinks, permanently installed fixtures, cabinets, snow/ice covered areas, flooded areas, or personal property. In the event it is necessary to open walls, floors, or ceilings, or to move such fixtures, cabinets, or personal property to perform a diagnosis or service, we are not responsible for restoring such openings, items, or property. This Agreement does not cover any costs associated with equipment to gain access or permit serviceability such as but not limited to scaffolding.
O. This Agreement does not cover delays or failures to provide service caused by, or related to any of the exclusions listed herein; shortages of labor and/or materials; or any other cause beyond our reasonable control. This Agreement does not cover additional charges to access or transport materials, supplies, or independent Service Contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to, tolls, required use of ferries or barges and/or remote locations.
P. This Agreement does not cover any incidental, consequential, special, and/or punitive damages, and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the failure of any item or system, including, but not limited to, food spoilage, loss of income, additional living expenses, and/or any loss, damage, cost or expense directly or indirectly arising out of or resulting from, or in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, wet or dry rot and/or other property damage.
Q. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, or home warranty. Our Coverage is secondary to such insurance, warranties, or guarantees.
R. This Agreement does not cover any mechanical failure when the covered item or system has been repaired, modified, disabled or adjusted in any way which prevents us or our independent Service Contractor(s) from inspecting, diagnosing and/or repairing the mechanical failure. This Agreement does not cover any mechanical failure to any covered item or system that has been improperly altered, repaired, installed, modified or damaged in the course of remodeling or unauthorized repair.
S. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. For example, you are responsible for providing maintenance and cleaning pursuant to manufacturers’ specifications, such as periodic cleaning of heating and air conditioning systems, evaporator coils and condenser coils, as well as periodic filter replacement. If a claim is denied due to lack of maintenance then we have the right to request maintenance records from you. We will not pay for repairs or failures that result from your failure to perform normal or routine maintenance.
T. We are not liable for any damages that result from a Service Contractor’s service, delay in providing service or failure to provide service. We are not liable for any incidental, consequential, special, and/or punitive damages, whether caused by negligence or any other cause, and you agree to waive any and all claims for such damages, arising from, resulting from or related to any Service Contractor’s service, delay in providing service or failure to provide service, including, but not limited to, damages, resulting from delays in securing parts and/or labor, the failure of any equipment used by an independent Service Contractor, secondary failures, labor difficulties, and/or the negligent, tortuous and/or unlawful acts or omissions of any independent Service Contractor.
U. We have the sole right to determine whether a covered system or appliance will be repaired or replaced. We are responsible for installing replacement equipment of similar features, capacity, and efficiency, but not for matching dimensions, brand or color. We are not responsible for upgrades, components, parts, or equipment required due to the incompatibility of the existing equipment with the replacement system or appliance or component or part thereof or with new type of chemical or material utilized to run the replacement equipment including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by federal, state, or local governments. If parts are no longer available, we will offer a cash payment in the amount of the average cost between parts and labor of the covered repair. We reserve the right to locate parts at any time. We are not liable for replacement of entire systems or appliances due to obsolete, discontinued or unavailability of one or more integral parts. However, we will provide reimbursement for the costs of those parts determined by reasonable allowance for the fair value of like parts. We reserve the right to rebuild a part or component, or replace with a rebuilt part or component.
V. We reserve the right to offer cash back in lieu of repair or replacement in the amount of our actual cost, which at times may be less than retail, to repair or replace any covered system, component or appliance. In the event a covered system or appliance is deemed irreparable or it is not cost effective to repair, we may replace the system or appliance with a system or appliance of like capacity, the price of which shall not exceed the depreciated value of the system or appliance being replaced. SPHW is not responsible for installation. The cash settlement shall be in an amount not to exceed the depreciated value of the component, system, or appliance being replaced. In the event you elect to use the cash back funds to repair rather than replace your system or appliance, said system or appliance will no longer be covered by SPHW. We will not provide any cash settlement until all past due Trade Service Call Fees and Plan Fees are made current.
W. When parts for a covered repair are no longer available through the manufacturer (as we do not use third-party or refurbished parts), we will offer a reimbursement to you in the amount of the average cost between parts and labor of the covered repair.
X. We are not liable for the repair or replacement of commercial grade equipment, systems or appliances. We shall pay no more than $1,000.00 in aggregate for professional series or like appliances such as, but not limited to, brand names such as Sub Zero, Viking, Wolf, Bosch, Jenn-Air, GE Monogram, Thermador, Miele, Fisher & Paykel, and etc.
Y. You agree that we are not liable for the negligence or other conduct of the Service Contractor, nor are we an insurer of Service Contractor’s performance. You also agree that we are not liable for consequential, incidental, indirect, secondary, or punitive damages. You expressly waive the right to all such damages. Your sole remedy under this Agreement is recovery of the cost of the required repair or replacement, whichever is less. You agree that if you select the self-repair virtual diagnosis option then you understand that SPHW is not liable for any improper installation that may result, and you understand that you are waiving the service contract coverage for that unit. You further agree that SPHW is not liable for any injuries that may result from you utilizing the self-repair virtual diagnosis option. You agree that, in no event, will our liability exceed $1,500.00 per contract item for access, diagnosis, repair and/or replacement.
Z. In the event you threaten to harm or actually harm the safety or well-being of: (i) SPHW; (ii) any employee of SPHW; (iii) a Service Contractor; or (iv) any property of SPHW or the Service Contractor, you will be in breach of this Agreement. In the event you breach this or any other obligation under this Agreement, SPHW may refuse to provide service to you and may cancel this Agreement.
VIII. MULTIPLE UNITS AND INVESTMENT PROPERTIES
A. If the Agreement is for 2-family, 3-family, or 4-family dwelling, then every unit within such dwelling must be covered by the Agreement with applicable Optional Coverage for Coverage to apply to shared systems and appliances.
B. If this Agreement is for a unit within a multiple unit of five (5) or more, then only items contained within the confines of each individual unit are covered. Shared systems and appliances are excluded.
C. Except as otherwise provided in this section, shared systems and appliances are excluded.
IX. MEDIATION; GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF
In the event of a dispute over claims or Coverage you agree to file a written informal claim with us and allow us twenty (20) calendar days to respond to the claim. The parties agree to mediate in good faith before resorting to mandatory arbitration. All written claims should be mailed to ServicePlus Home Warranty, Mediation Department, 518 Old Post Road, Suite 7 #315,Edison, NJ 08817-4683 or e-mailed to Mediation@ServicePlus.com.
Except where prohibited, if a dispute arises from or relates to this Agreement or its breach, and if the dispute cannot be settled through direct discussions you agree that:
A. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, excluding New Jersey’s choice-of-law principles, and all claims arising out of or relating to your use of the Website, contacts between you and us (including telephone calls and text messages), this Agreement and/or any other understanding or arrangement between you and SPHW or any of the other SPHW Parties, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New Jersey, excluding New Jersey’s choice-of-law principles.
B. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, this Agreement, and/or any other understanding or arrangement between you and SPHW or any of the other SPHW Parties, including without limitation regarding any breach of this Agreement, any contacts between you and SPHW (including, but not limited to, claims and coverage, emails, telephone calls, and text message correspondence between us and you, including but not limited to, claims under the Telephone Consumer Protection Act), or any other such other understanding or arrangement, shall be finally resolved by binding arbitration administered by a private professional arbitrator and rules reasonably determined by the parties in writing, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. You and SPHW are expressly waiving any rights to a jury trial. The arbitration will be conducted in the State of New Jersey, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and SPHW, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and SPHW and any decision rendered shall be deemed to be the confidential information of SPHW and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or SPHW may apply to any federal or state court sitting in the County and State of New Jersey for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and SPHW each submits to the exclusive jurisdiction of such courts for such purpose. You and SPHW waive any right to assert any claims against the other party as a representative or member in any class or representative action. You and SPHW each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.
C. You agree that it would be impossible or inadequate to measure and calculate SPHW’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that SPHW shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which SPHW in its sole discretion believes will cause damage to any of the SPHW Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of SPHW in connection with this Section shall be in addition to, and not in limitation of, any other remedies to which SPHW may be entitled under this Agreement or otherwise at law or in equity. If SPHW prevails in any such proceeding, SPHW shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in the County and State of New Jersey for SPHW’s pursuit of such relief, without breach of the above arbitration provision, and you and SPHW submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
D. You agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $1,500.00 per claim, but in no event attorneys' fees. You also agree that SPHW is not liable for consequential, incidental, indirect, secondary or punitive damages as you are waiving your rights to all such damages.
X. SEVERABILITY
This Agreement constitutes the entire sole agreement between the contracting parties concerning the subject hereof and supersedes all proposals, negotiations, conversations, discussions, agreements and/or representations, whether oral or written. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this agreement. If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect. Any amendments or modifications of this Agreement shall be in writing and executed by the contracting parties. You agree that, in no event, will our liability exceed $1,500.00 per contract item for access, diagnosis, repair and/or replacement.
XI. RENEWALS AND TRANSFER OF AGREEMENT
A. SPHW may, in its sole discretion, elect to renew this Agreement for a one year contract term, unless otherwise approved by SPHW. In the event we elect to renew your Agreement, you will be notified of the terms within sixty (60) days prior to expiration of your Agreement. Unless you notify SPHW prior to expiration of your Agreement, your Agreement will be automatically renewed and you will be charged applicable plan fees.
B. If you select the monthly payment option and we elect to renew your Agreement, we will notify you of applicable rate and terms of renewal during the tenth month of your Agreement. You will automatically be renewed for a monthly coverage period unless you notify us in writing thirty (30) days prior to the expiration of the Agreement. Your first payment for the next contract term will be construed as authorization for month-to-month charges. SPHW may make a determination during the month-to-month Agreement to increase the monthly payment charges and Trade Service Call Fee. You will receive notice thirty (30) days prior to any rate changes.
C. If your covered property is sold during the term of this Agreement, you must notify us of the change in ownership and submit the name of the new owner by phoning 1-800-545-0402 in order to transfer Agreement to the new owner.
D. You may transfer this Agreement at any time. There is no fee to transfer the Agreement.
XII. CANCELLATION
A. This Agreement may be cancelled by SPHW for the following reasons: (i) nonpayment of Agreement fees or other breach of this Agreement by the customer; (ii) nonpayment of Trade Service Call Fee, as stated in section IV; (iii) fraud or misrepresentation by the customer and/or customer representative of facts material to SPHW’s issuance of this Agreement; (iv) any complaint, lawsuit, or claim made by the customer; or (v) a change in laws or regulations that has a material effect on the business of SPHW or SPHW’s ability to fulfill its obligations under this Agreement.
B. You may cancel this Agreement within the first thirty (30) days of the order date for a full refund of the paid contract fees, less any service costs incurred by us.
C. Mutual agreement of us and you. If this Agreement is canceled after thirty (30) days, you shall be entitled to a pro rata refund at the standard contract fee rate for the unexpired term, less a $50 administrative fee for each unused term and any service costs (including, but not limited to, any good will payments or settlement payments made to you) incurred by us. In the event this Agreement is canceled any free months offered will be removed from the prorated refund amount. If we have provided services and the amount of the service costs incurred by us is greater than the contract fees paid, then no refund will be due to you. All cancellation requests must be submitted in writing.
