Effective Date: November 14, 2023
INTRODUCTION. These Meta Warranty Plus terms and conditions (“Plan”) govern the service contract between You and Us on Your Covered Product, including coverage information, claim instructions, cancellation rights, limitations and exclusions, and other important information. Please read this document carefully to fully understand Your Plan’s coverage. This Plan is in addition to and supplements, and does not replace or supersede, the Limited Warranty on Your Covered Product.
This Plan requires the resolution of disputes through individual arbitration or individual small claims action rather than jury trials or class actions. Please read Section 10 of this Plan carefully for information that affects Your legal rights.
DEFINITIONS. Under this Plan, the following terms have the meanings set forth below:
“Administrator” or “Meta” means Meta Platforms Technologies, LLC, 1601 Willow Road, Menlo Park, CA, 94025.
“Covered Product” means the Meta products that are covered under this Plan, as listed on Your Order Confirmation, including any accessories in the original packaging.
“Expiration Date” means the date that coverage under this Plan ends, as listed on Your Order Confirmation, or two (2) years from the Product Purchase Date, if no Order Confirmation is provided by a Seller.
“Limited Warranty” means any manufacturer or supplier written warranty that is included with the Covered Product’s purchase at no additional charge.
“Obligor,” “We,” “Us,” and “Our” mean AIG WarrantyGuard, Inc., 500 W. Madison Street, Ste. 3000, Chicago, IL 60661, 1-800-343-4441, except in Florida and Oklahoma where they mean AIG Warranty Services of Florida, Inc., 1767 WSR 434, West Longwood, FL 32750, 1-800-343-4441.
“Order Confirmation” means the purchase confirmation email or document that You receive from the Administrator or Seller for this Plan that includes the Covered Product, the Plan Purchase Date, the Expiration Date, the Plan Price, the Seller, and the Service Fee, if any, applicable to this Plan.
“Plan” is defined in Section 1.
“Plan Price” means the total price that You paid for this Plan, as listed on Your Order Confirmation.
“Plan Purchase Date” means the date that You purchased this Plan, as listed on Your Order Confirmation.
“Product Purchase Date” means the date of purchase or delivery of the Covered Product, whichever is later, as indicated on Your Covered Product’s original purchase receipt or delivery confirmation. We may deny coverage if You are not able to provide Us with sufficient proof of purchase or delivery of the Covered Product at the time of initiating a claim, such as Your Covered Product’s original purchase receipt or delivery confirmation. If You are a transferee or assignee of this Plan, the original Plan owner must provide Us with proof of purchase or delivery of the Covered Product at the time of this Plan’s transfer for You to be eligible for coverage.
“Seller” means Us, the Administrator, or an authorized retailer or reseller that sold You this Plan, as listed on Your Order Confirmation.
“Service Fee” means the non-refundable administrative fee that You are required to pay per claim, if any, prior to receiving services under this Plan. If a Service Fee applies to Your Plan, it will be included on Your Order Confirmation.
“Term” is defined in Section 3.
“You” and “Your” means the original purchaser of the Covered Product and this Plan or any valid transferee or assignee of the Plan owner.
COVERAGE TERM. This Plan begins on the Product Purchase Date and ends on the Expiration Date (“Term”), unless it is terminated, cancelled, or fulfilled earlier pursuant to its terms. If You did not purchase this Plan simultaneously with the Covered Product, please note that the Product Purchase Date will be earlier than the Plan Purchase Date, and the Term will be deemed effective as of the Product Purchase Date. For clarity, where You did not purchase this Plan simultaneously with the Covered Product, no claims may be made for the period preceding the Plan Purchase Date. If the Covered Product is being serviced when this Plan expires on the Expiration Date, coverage will be extended until the applicable services are completed. For Plans purchased through an authorized business reseller, Plans must be purchased simultaneously with the Covered Product, and the Plan Purchase Date and Product Purchase Date will be the same.
ELIGIBILITY.
The Covered Product must be in good working order as of the Plan Purchase Date to be eligible for coverage. This Plan does not cover pre-existing conditions or losses to Covered Products that occurred prior to the Plan Purchase Date or the date this Plan was validly transferred to You, as applicable, unless such pre-existing condition is determined to have existed prior to the Product Purchase Date and is otherwise eligible for coverage under Section 5(a)(i) (“Mechanical/Electrical Failures & Power Surge”) of this Plan. The Covered Product will not be eligible for coverage if the serial or model numbers or labels have been removed, defaced, or made illegible.
This Plan may only be purchased in and does not apply to products purchased outside of the 50 states of the United States of America and the District of Columbia.
We may require You to provide Your Plan’s Confirmation Number and the original sales receipt or delivery confirmation for Your Covered Product to be eligible for coverage. Please keep these documents in a secure and readily accessible location for future use.
Your Plan payment(s) must be current to receive service.
COVERAGE.
Covered Damages. Subject to this Plan’s limitations and exclusions, We will arrange and pay for the Covered Product’s replacement upon the occurrence of one or more of the following covered damages or failures:
Mechanical/Electrical Failures & Power Surge: The Covered Product fails to perform as the manufacturer intended during normal usage due to structural or operational failure(s) caused by defects in materials or workmanship or power surge. For clarity, a Covered Product fails to perform as the manufacturer intended when the Covered Product, under normal and intended use, fails to function substantially in accordance with the Covered Product’s technical specifications or accompanying product documentation, as provided by the manufacturer at the time of the Covered Product’s purchase.
Accidental Damage from Handling (“ADH”): The Covered Product fails to perform as the manufacturer intended due to unexpected and unintentional mishandling during normal usage, such as accidental drops or liquid spills or submersions. During the claims process, ADH coverage requires an explanation of where, when, and how the accidental damage occurred, including a detailed description of the fortuitous event. Failure to provide this information may result in claim denial.
Replacement Products. Any replacement product that We provide You or that You receive under the Covered Product’s applicable manufacturer or supplier warranty will continue to be covered under this Plan for the remainder of the original Term. At the Administrator’s sole discretion, replacement products may be new, used, refurbished, or remanufactured and may not match the exact model or color as the original Covered Product. We will provide You with pre-paid packaging and instructions for shipping the Covered Product to Us or Our designee for replacement. We will also arrange and pay for shipping the replacement product to You. We are not responsible for any loss of Your data under any circumstance.
Service Fee. You must pay the Service Fee per claim, if any, prior to receiving any services under this Plan. Any required Service Fee will be collected by the Administrator through a valid credit or debit card payment at the time of opening a claim. The Service Fee is non-refundable. Please refer to Your Order Confirmation to determine if a Service Fee applies to Your Plan.
Limit of Liability. This Plan does not limit the number of claims that are eligible for coverage during the Term. Our maximum liability per covered claim shall not exceed the Covered Product’s purchase price, as indicated on Your original purchase receipt, excluding taxes, delivery, and installation fees. We will not be liable for more than the Covered Product’s purchase price per covered claim.
Plan Buyout Policy. If (i) We have replaced Your Covered Product at least three (3) times under this Plan or (ii) the Covered Product is obsolete, on extended backorder, or otherwise unavailable, We may buyout Your Plan, in Our sole discretion, with a cash settlement based on the Covered Product’s original purchase price, excluding taxes, delivery, and installation fees. Upon issuance of a buyout check pursuant to this Section, Our obligations under this Plan will be considered fulfilled, no further claims are eligible for coverage, and We may, at Our expense, require the Covered Product to be returned to Us.
HOW TO FILE A CLAIM.
For questions, troubleshooting, to request a callback, or to file a claim, please visit the Administrator’s website at https://store.facebook.com/help/support or call 888-816-8460. The Administrator will help evaluate the issue and provide You with instructions for filing a claim.
We reserve the right to inspect the Covered Product upon receipt. Model number, serial number, and original date of purchase or delivery of all Covered Products must be provided to execute application for service.
Please note that the Administrator must authorize any replacements to be eligible for coverage. We may deny any claims or decline to reimburse You if You fail to follow this Plan’s claims procedures or to receive the Administrator’s approval prior to replacement.
All claims must be reported prior to the Expiration Date to be eligible for coverage.
EXCLUSIONS. The following is not covered under Your Plan:
Products purchased from a source other than Administrator or an authorized retailer or reseller (please visit store.meta.com/retailers for a list of authorized retailers or contact your Meta sales representative for a list of authorized business resellers);
Losses that are covered under a Limited Warranty or that are subject to a manufacturer’s recall;
Losses other than ADH caused by Your failure to follow or adhere to the manufacturer’s operation, care, and maintenance instructions, as outlined in the owner’s manual for the Covered Product;
Any pre-existing conditions or damages to Covered Products that occurred in the period prior to the Plan Purchase Date and after the Product Purchase Date;
Unauthorized modifications, alterations, or enhancements to the Covered Product;
Damages to nonfunctional or aesthetic parts, normal wear and tear, and cosmetic damage that does not impact the Covered Product’s proper operation or functionality, including scratches, peeling, discoloration, stretching, dents, and chips;
Any accessories that are not included in the Covered Product’s original packaging;
Preventative cleaning, periodic checkups, and maintenance to a properly working and functioning Covered Product;
Consumable items that are designed to be periodically replaced by You during the life of the Covered Product, including user replaceable batteries;
Loss or damage other than ADH caused by any type of abnormal or improper use, abuse, misuse, neglect, or any other use otherwise inconsistent with the owner’s manual or Limited Warranty;
Loss or damage caused by intentional, willful, or reckless conduct or use;
Incidental, consequential, or secondary damages, including loss of use or any damages arising from delays in requesting or rendering service under this Plan;
Any third party support services or software provided with the Covered Product; software or on-line service performance issues; and losses caused by third-party hardware, software, or accessory items;
Any damage caused by unauthorized repairs or parts replacements;
Loss or damage caused by external causes of any kind other than ADH, including war, invasion, rebellion, riot, strike, labor disturbance, lockout, civil commotion, fire, theft, insects, pandemic, animals, exposure to weather, windstorm, sand, dirt, hail, earthquake, flood, water, or acts of God;
Covered Products that are lost or stolen;
Any cost recoverable under any other warranty, guarantee, or insurance policy, in which case, this Plan only provides secondary or excess coverage for covered losses;
Loss of use of, damage to, corruption of, inability to access, or inability to manipulate any computer system, electronic hardware, or software, or components thereof, that are used to store, process, access, transmit, or receive information within the Covered Product as a result of any cause or loss other than covered losses specifically stated in this Plan, including any unauthorized access or unauthorized use of such system, a denial of service attack, or receipt or transmission of malicious code; and
Loss of use of, damage to, corruption of, inability to access, or inability to manipulate any electronic data stored within the Covered Product, including any such loss caused by unauthorized access or unauthorized use of such data, a denial of service attack, or receipt or transmission of malicious code.
We shall not provide coverage and We shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim, or provision of such benefit would expose the Obligor, its parent company, or its ultimate controlling entity to any sanction, prohibition, or restriction under United Nations resolutions or the trade or economic sanctions, laws, or regulations of the European Union or the United States of America.
CANCELLATION
You may cancel this Plan for any reason and at any time by initiating a request with the Administrator online at https://store.facebook.com/help/support.
If You request to cancel this Plan within thirty (30) days from the Plan Purchase Date without making any claims (“Free Look Period”), You will be refunded the full Plan Price.
If You request to cancel this Plan within thirty (30) days from the Plan Purchase Date after making a claim or after thirty (30) days from the Plan Purchase Date, You will receive at least a pro-rata refund of the Plan Price based on the elapsed Term, less the costs of any services or claims made. For Plans purchased by a commercial entity through an authorized business reseller, Plans are non-refundable after the Free Look Period except as otherwise permitted under applicable law.
We reserve the right to cancel this Plan upon at least thirty (30) days prior written notice. If We cancel this Plan, a pro rata refund of the Plan Price will be issued for the unexpired Term, less the costs of any claims paid. The notice of cancellation will include the reason and the effective date of cancellation.
If this Plan was inadvertently sold to You on a product that was not intended to be covered by this Plan, We may cancel this Plan immediately upon notice and return the full Plan Price to You.
In the event of reasonable suspicion of fraud, material misrepresentation, or a substantial breach of Your duties under this Plan, We may cancel this Plan immediately and without prior notice and We may demand immediate payment of the cost of all services provided to You, less Your payments made, and no refund of any kind will be issued.
In the event of non-payment by You, We may cancel this Plan immediately and without prior notice and You will receive a pro-rated refund of the Plan Price based on the elapsed Term, less the costs of any services or claims made.
MISCELLANEOUS
Transferability. This Plan is transferable by You to a new owner of the Covered Product for the balance of the original Term. You may initiate a transfer request with the Administrator online at https://store.facebook.com/help/support. For Plans purchased by a commercial entity through an authorized business reseller, Plans are non-transferable except as otherwise permitted under applicable law.
Subrogation. If We make any payment under this Plan, We are entitled to recover what We paid from other responsible parties. By accepting settlement of a claim, You transfer to Us Your right to recovery against any other party.
Entire Agreement. This Plan represents the entire contract between You and Us with respect to the subject matter herein. Neither the Seller, Administrator, nor any other agent has authority to change this Plan or to waive any of its provisions. No other written or oral statement applies to this Plan. No coverage will be provided under this Plan if any information that You, or anyone claiming benefits hereunder, provides is determined to be false, misleading, or intentionally omitted.
Insurance Policy. This Plan is a service contract and not an insurance policy or contract. However, We secure Our fulfillment obligations and risks through an insurance policy issued by Illinois National Insurance Co., 500 W. Madison St., Ste. 3000, Chicago, IL 60661, Ph: (800) 250-3819 in all covered states except for AR, CA, FL, MS, NC, NY, OK, and VA where the insurance policy is issued by New Hampshire Insurance Company, 500 W. Madison St., Ste. 3000, Chicago, IL 60661, Ph: (800) 250-3819. If within 60 days We have not paid a claim, provided You with a required refund, or You are otherwise dissatisfied, or We are no longer a going concern, become insolvent, or are otherwise financially impaired, You are entitled under state law to make a claim directly to the insurer by contacting the insurer at the address or phone number listed above. Please enclose a copy of Your Plan when sending correspondence to the insurer.
Privacy Policy. We respect Your privacy. For information on Our privacy policy, please visit https://www.aig.com/privacy-policy. For information on the Administrator’s privacy policy, please visit https://www.facebook.com/privacy/policy.
Assignment. We may assign this Plan, in whole or in part, at any time without prior notice to You. We may delegate or assign any of Our obligations at Our sole discretion and without Your consent provided We give You at least 30 days’ prior written notice of the changes. You may not change this Plan or delegate any of Your obligations.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM OUR OBLIGATIONS UNDER THIS PLAN, INCLUDING THE FOLLOWING: COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA; FAILUE TO MAINTAIN DATA CONFIDENTIALITY; LOSS OF USE, INCLUDING LOSS OF USE WHILE THE COVERED PRODUCT IS BEING REPAIRED OR REPLACED; OR ANY LOSS OF BUSINESS PROFITS, REVENUE, OR ANTICIPATED SAVINGS. OUR MAXIMUM LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THIS PLAN SHALL NOT EXCEED THE PRICE YOU PAID FOR THE COVERED PRODUCT, REGARDLESS OF WHETHER THE UNDERLYING ACTION IS IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Severability. If any provision of this Plan is held invalid, illegal, or unenforceable in any respect under applicable laws, the validity, legality, and enforceability of the remaining provisions of this Plan shall not in any way be affected or impaired thereby.
DISPUTES; ARBITRATION AND CLASS ACTION WAIVER; FORUM SELECTION
Please read the following section carefully. It limits certain rights of Yours, including Your right to obtain relief or damages in court and Your rights to trial by jury and to participate in class actions or representative proceedings.
You and We agree to resolve all disputes and claims between You and Us through binding arbitration. Alternatively, either You or We may bring an action seeking only individualized relief in a small claims court with jurisdiction, so long as the action is not removed or appealed to a court of general jurisdiction, in which case the dispute must be arbitrated. In addition, only a court may decide disputes regarding the scope or enforceability of this Disputes provision, whether a claim can or must be arbitrated, or other issues that this Disputes provision specifies should be heard by courts.
Any arbitration or small claims action will take place on an individual basis only. Class actions and class arbitrations are not permitted; You and We may bring a claim only in Our individual capacities and cannot seek relief that would affect other service contract or product users. Nor may arbitrations be consolidated unless all parties consent. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then that claim (or that request for relief) will be brought in the appropriate court after all other claims are arbitrated.
In this Disputes provision, references to “We,” “Us,” and “Our” includes the Obligor, Meta, Illinois National Insurance Company, and New Hampshire Insurance Company and each of their respective predecessors, successors, assigns, and past, present, and future affiliates and agents. References to “You” include Your heirs and assigns and any authorized or unauthorized users or beneficiaries of the products or services at issue.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, a neutral arbitrator can grant whatever individualized relief would be available in court in an individual case under applicable law (including injunctive relief or statutory damages or attorneys’ fees, as well as sanctions against any represented party or counsel permitted under the AAA Rules, Federal Rule of Civil Procedure 11, or other applicable federal or state law). At the conclusion of the proceedings, the arbitrator will provide a brief written explanation of the award and the basis for the decision. The arbitrator may consider rulings in other arbitrations involving other claimants, but an arbitrator’s ruling will not be binding in proceedings involving different claimants. This agreement to arbitrate is governed by the Federal Arbitration Act.
Any arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”), as modified by this Disputes provision. If the AAA cannot or will not administer the arbitration in accordance with this Disputes provision, another administrator will be chosen by agreement of the parties or by a court of competent jurisdiction. The AAA’s Rules are available at www.adr.org.
Before either You or We commence arbitration, the claimant must first provide the other party with a signed written Notice of Dispute providing a detailed description of the dispute and the relief sought. Any Notice that You submit to Us also must include Your name, residence address (and mailing address if different), username, the email address You use with Your account, phone number, and if You are represented by an attorney, a signed statement authorizing Us to share Your confidential account information with Your attorney if necessary to resolve the dispute. Any Notice You send to Us should be mailed to Meta Platforms, Inc., ATTN: RL Warranty Arbitration Filing, 1601 Willow Rd., Menlo Park, CA 94025. Before We commence arbitration, We will send a Notice of Dispute to the mailing or email address We have for You in Our records or by any other appropriate means. You or We may commence arbitration or a permitted small claims action only if the dispute remains unresolved 60 days after the Notice of Dispute is received. A court will decide any disputes over whether the requirements of this paragraph have been violated, and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the AAA shall not administer any arbitration or assess any fees in connection with such an arbitration unless the requirements of this paragraph have been met.
We will pay all filing, case-management, administrative, hearing, or arbitrator fees (“AAA Fees”) if We commence the arbitration. If You are assessed any AAA Fees for any arbitration You bring, if You believe that they are too high and the AAA will not waive them, We will consider any reasonable request to pay these AAA Fees on Your behalf, provided that You fully complied with the requirements of this Disputes provision. For all other claims, the AAA Rules shall govern the payment and allocation of AAA Fees.
If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings. You agree to this procedure even though it might delay the arbitration of Your claim. In the first stage, each side shall select up to 20 cases (40 cases total) to be filed in arbitration and resolved by separate arbitrators, each of whom is (if feasible) from the claimant’s home state. In the meantime, no other cases may be filed in arbitration, and the AAA shall not assess or demand payment of AAA Fees for the remaining cases or accept or administer them. After the first stage is completed, the parties shall engage in a single mediation of all remaining cases, and We shall pay the mediation fee. If the parties cannot agree how to resolve the remaining cases after mediation, they will repeat the process of filing and arbitrating up to 40 cases, followed by mediation. If any claims remain after the second stage, the process will be repeated until all cases are resolved, except that a total of 100 cases may be filed in each stage, the cases will be selected randomly, arbitrators who decided prior cases may be appointed in later stages if different arbitrators are not available, and mediation is optional at the election of counsel for the claimants. Between stages, counsel shall meet and confer regarding ways to improve the efficiency of the process, including whether to increase the number of cases filed in each stage. If this paragraph applies to a Notice, any statute of limitations or contractual limitations period applicable to the claims and relief set forth in that Notice will be tolled from the time the Notice is received until that Notice of Dispute is selected for a bellwether proceeding or otherwise resolved. A court will have the authority to enforce this paragraph, including the power to enjoin the filing or prosecution of arbitrations or assessment or collection of AAA Fees. This paragraph is intended to be severable from the rest of this Disputes provision. If there is a final judicial determination that the staging process in this paragraph is not enforceable, then the cases may be filed in arbitration and the AAA Fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.
For any claim that is not arbitrated or brought in small claims court, to the fullest extent permitted by applicable law, You agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. In addition, We each further agree to waive any right to trial by jury.
This Disputes provision shall survive any termination or cancellation of this Plan.
STATE REQUIREMENTS AND DISCLOSURES FOR CONSUMERS:
Alabama, Arkansas, Georgia, Hawaii, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Jersey, South Carolina, Wisconsin and Wyoming:: The following statement is added to Section 8(b): “If You cancel Your Plan during the Free Look Period without making any claims and do not receive a full refund or credit within forty-five (45) days of Our receipt of the returned Plan, a ten percent (10%) penalty per month shall be applied to the refund owed to You. The right to void the service contract during the Free Look Period is not transferable and applies only to the original contract purchaser.”
Alabama: Section 8(c) is deleted in its entirety and replaced with the following: “If You terminate this Plan within thirty (30) days from the Plan Purchase Date after making a claim or terminate this Plan after thirty (30) days from the Plan Purchase Date, You will receive a refund of the unearned portion of the purchase price based on time expired, less any termination fee that We may charge up to $25. Any refund due to You under this Section may be credited to an outstanding balance of Your account, and the excess, if any, shall be refunded to the original purchaser.” Sections 8(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan for any reason upon at least five (5) days prior written notice to You at Your last known address. The notice will state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for Our cancellation is nonpayment of the provider fee or material misrepresentation by You relating to the covered property or its use. If We cancel this Plan, a pro-rata refund will be issued for the unexpired term, less the costs of any claims paid. In the event of cancellation for reasonable suspicion of fraud or material misrepresentation, We may demand immediate payment of the cost of all services provided to You, less Your payments made, and no refund of any kind will be issued.”
Arizona: : In the event You do not receive satisfaction under this Plan, You may contact the Arizona Department of Insurance and Financial Institutions’ Consumer Protection Division at 100 N. 15 Ave., Suite 261, Phoenix, AZ 85007- 3630 or by calling 602-364-2499. Section 7(d) is deleted in its entirety and replaced with the following: “ANY PRE-EXISTING CONDITIONS, DEFECTS, OR DEFICIENCIES, UNLESS SUCH CONDITIONS WERE KNOWN OR SHOULD HAVE REASONABLY BEEN KNOWN BY US OR THE PERSON SELLING THE SERVICE CONTRACT ON OUR BEHALF.” Sections 8(b) and (c) are replaced with the following: “If this Plan is cancelled, You will receive a pro-rata refund after deducting for claims paid and administration expenses associated with the cancellation. The administrative expenses may not exceed ten percent (10%) of the gross amount paid by You for the Plan or seventy-five dollars ($75), whichever is less.” Sections 8(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon at least thirty (30) days prior written notice. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Plan, cancellation may be immediate and without prior notice. We may not cancel or void this Plan for any of the following reasons: (1) Preexisting conditions that were known or that reasonably should have been known by Us or Our subcontractors; (2) prior use or unlawful acts relating to the product; or (3) misrepresentation by Us or Our subcontractors. Neither We, Our assignees, nor Our subcontractors may cancel or void coverage under this Plan due to Our failure to provide correct information or Our failure to perform the services or repairs provided in a timely, competent, and workmanlike manner.”
Arkansas: A claim against Us may include a claim for the return of the unearned provider fee. Sections 8(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon thirty (30) days written notice. However, if the reason for cancellation is nonpayment of the provider fee, material misrepresentation, or a substantial breach of Your duties relating to a covered product or its use, We may cancel this Plan immediately without any prior notice to You. Unless the cancellation is for nonpayment, We will provide You with a pro rata refund of the unearned portion of the provider fee, less the amount or value of any claims paid, if We cancel the Plan.”
California: For information regarding Our privacy practices and Your rights under the California Consumer Privacy Act, please visit https://www.aig.com/privacy-policy. Section 8(b) is replaced with the following: “Cancellation requests made within sixty (60) days from the start of the coverage Term or within thirty (30) days from receipt of the Plan, whichever is later, will receive a 100% refund of the full Plan Price if no claim has been made under the Plan. If You are not refunded or credited the amount You paid within thirty (30) days, a ten percent (10%) penalty per annum will be added to the refund for each thirty (30) days or fraction thereof until the refund is paid. This only applies to the original Plan purchaser and is not transferable.” Section 8(c) is replaced with the following: “Cancellation requests made more than sixty (60) days from the start of the coverage Term or after thirty (30) days from receipt of the Plan, whichever is later, or if a claim was made under the Plan within the first sixty (60) days, will receive at least a pro-rata refund of the Plan Price based on the elapsed coverage Term. In addition, the Administrator may assess a cancellation or administrative fee, not to exceed ten (10) percent of the price of the Plan or twenty-five ($25) dollars, whichever is less. The administrator is Meta Platforms Technologies, LLC, 1601 Willow Road, Menlo Park, CA, 94025.” This Plan may be canceled by You for any reason, including the Covered Product being sold, lost, stolen or destroyed. California residents may submit complaints to the Bureau of Household Goods and Services (BHGS) by calling (916) 999-2041, or writing to 4244 S. Market Ct. Ste. D, Sacramento, CA 95834, or by visiting www.bhgs.dca.ca.gov.
Colorado: Action under this Plan may be covered by the provisions of the “Colorado Consumer Protection Act” or the “Unfair Practices Act” articles 1 and 2 of title 6, C.S.R., and a party to such an agreement may have the right of civil action under such laws, including obtaining the recourse or penalties specified in such laws.
Connecticut: If Your term of coverage is less than one (1) year, this Plan is automatically extended while the product is being repaired. You may cancel this Plan if You return the product or the product is sold, lost, stolen, or destroyed. If We are unable to resolve any disputes with You regarding this Plan, You may file a written complaint to the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must describe the dispute, identify the price of the product and cost of repair, and include a copy of this Plan.
Florida: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. Sections 8(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon at least thirty (30) days prior written notice mailed to Your last known address. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Plan, Our cancellation may be immediate. If We cancel this Plan, We will refund 100% of the unearned pro rata premium, less any claims paid.”
Georgia: Section 7(d) is deleted in its entirety and replaced with the following: “ANY AND ALL PRE-EXISTING CONDITIONS KNOWN TO YOU OR REASONABLY SHOULD BE KNOWN TO YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT." Sections 8(d) through (g) are replaced with the following: “If You request cancellation of the Plan within thirty (30) days from the Plan Purchase Date, You will be refunded the full Plan Price less claims paid. If You cancel the Plan after thirty (30) days from the Plan Purchase Date, You will be refunded the unearned pro-rata Plan Price less claims paid. We may only cancel this Plan for fraud, material misrepresentation, or failure to pay any amounts due. We will provide You with written notice of such cancellation, which will be effective at least thirty (30) days from date of mailing such notice. If We cancel this Plan, We will refund any unearned portion of the Plan price on a pro rata basis, less any claims paid. If a claim covered by this Plan is also covered by another service contract, then the claim will be paid on a pro-rata basis with such other service contract. If a claim covered by this Plan is covered by an insurance policy, manufacturer’s warranty, or recall, or is the subject of any legal action, We shall pay only for the amount of the cost to repair or replace such covered product in excess of the amount due from that other insurance policy, manufacturer’s warranty, recall, or legal action. In no event, however, shall We pay more than the applicable Limit of Liability. Arbitration is nonbinding in Georgia. For any claim that is not arbitrated or brought in small claims court, it will be resolved in a state or federal court with proper jurisdiction based on the county where the contract holder resides.”
Illinois: Sections 8(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon at least thirty (30) days prior written notice. If We cancel this Plan, a pro-rata refund will be issued for the unexpired term, less the costs of any claims paid. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Plan, cancellation may be immediate and without prior notice. The notice of cancellation will include the reason and the effective date of cancellation. If this Plan is cancelled at any time, We may retain a cancellation fee not to exceed the lesser of 10% of the service contract price or $50. The obligor, AIG WarrantyGuard, Inc., is the party responsible for honoring cancellation requests.”
Indiana: Your proof of payment to Us shall be considered proof of payment to the insurance company which guarantees Our obligations to You.
Iowa: You may reach the Insurance Division of the Department of Commerce of the state of Iowa at Two Ruan Center, 601 Locust, 4th Floor, Des Moines, IA 50309-3738.
Maine: Sections 8(d) through (g) are replaced with the following: “We may cancel this Plan by providing You with at least 15 days prior written notice of cancellation mailed to Your last known address. If We cancel this Plan for any reason other than nonpayment of the provider fee, We will refund 100% of the unearned pro rata provider fee, less any claims paid. We may also charge You an administrative fee for the cancellation, not to exceed 10% of the provider fee.”
Maine and Washington D.C.: The following is added to Section 8(b): “If You cancel this Plan during the Free Look Period without making any claims and We do not provide the full refund within forty-five days after Your return of the service contract to Us, a 10% penalty per month will be added to the applicable refund. The right to void the service contract during the Free Look Period is not transferable and applies only to the original contract purchaser.” Section 8(c) is replaced with the following: “If You terminate this Plan within thirty (30) days from the Plan Purchase Date after making a claim or terminate this Plan after thirty (30) days from the Plan Purchase Date, You will receive a pro rata refund based on the time expired, less the cost of any claims made. We may also charge You a reasonable administrative fee, not to exceed 10% of the contract price.”
Maryland: Your service contract is extended automatically if We fail to perform the services under the service contract and will not terminate until the services are provided in accordance with the terms of the service contract.
Michigan: If performance of this Plan is interrupted because of a strike or a work stoppage at Our place of business, the effective period of this Plan will be extended for the period of the applicable strike or work stoppage.
Minnesota: Sections 8(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon thirty (30) days written notice. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Plan, cancellation may be made upon at least five days written notice to You. If We cancel this Plan, a pro-rata refund will be issued for the unexpired term, less the costs of any claims paid. In the event of cancellation for reasonable suspicion of fraud or material misrepresentation, We may demand immediate payment of the cost of all services provided to You, less any payments made, and no refund of any kind will be issued. The notice of cancellation will include the reason and the effective date of cancellation.”
Nevada: Sections 8(b) through (g) are replaced with the following: “You are entitled to a “Free Look” period for this Plan. If You decide to cancel this Plan within thirty (30) days of purchase, You are entitled to a one hundred percent (100%) refund of any fees paid. If You cancel this Plan after thirty (30) days from purchase, You will receive a pro-rata refund based on the days remaining. No cancellation of this Plan by Us may become effective until at least fifteen (15) days after a notice of cancellation is mailed to You at Your last known address. If the contract has been in effect for seventy (70) days or more, We can only cancel this Plan due to (1) unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Plan, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Plan was issued or last renewed; (2) Discovery of fraud or material misrepresentation by the holder in obtaining the service contract, or in presenting a claim for service; (3) An act or omission by You or a violation by You of any condition of the service contract, which occurred after the effective date of the service contract and which substantially and materially increases the service required under the service contract. If We cancel this Plan You will receive a pro-rata refund based on the days remaining, no cancellation fee will be imposed and no deduction for claims paid will be applied. The EXCLUSIONS section contains exclusions and limitations to coverage but not reasons for which the contract itself may be cancelled. No deductions of any type shall be made from any refund owed as a result of cancellation or buyout.” If You are not satisfied with the manner in which We are handling Your claim, You may contact the Commissioner of the Division of Insurance at 1-888-872-3234.
New Hampshire: In the event You do not receive satisfaction under this Plan, You may contact the New Hampshire Insurance Department by mail at 21 South Fruit Street, Suite 14, Concord, New Hampshire 03301, or by telephone at 603-271-2261.
New Jersey: The use of refurbished, reconditioned, or non-original manufacturer’s parts is permitted.
New Mexico: The following is added to Section 8(b): “If You cancel this Plan during the Free Look Period without making any claims and We do not provide the full refund within sixty days after Your return of the Plan, a 10% penalty per month will be added to the unpaid refund. The right to void the service contract during the Free Look Period is not transferable and applies only to the original contract purchaser.” Section 8(c) is replaced with the following: “If You terminate this Plan within thirty (30) days from the Plan Purchase Date after making a claim or after thirty (30) days from the Plan Purchase Date, You will receive a pro rata refund based on the time expired, less the cost of any claims made and a reasonable administrative fee that We may charge, not to exceed 10% of the contract price.” Section 8(d) through (g) is deleted in its entirety and replaced with the following: “We reserve the right to cancel this Plan upon thirty (30) days written notice. If We cancel the Plan, a pro-rata refund will be issued for the unexpired term, less the costs of any claims made. No administrative fee will be imposed if We cancel the Plan. If this Plan has been in effect for at least seventy (70) days, We may not cancel before the expiration of the agreed term or one year after this Plan’s effective date, whichever occurs first, except for the following reasons: 1) Your failure to make full payment by the due date; 2) Your conviction of a crime that results in an increase in the service required under the Plan; 3) discovery of fraud or material misrepresentation by You in obtaining this Plan or in presenting a claim for service thereunder; or 4) discovery of an act or omission by You or a violation by You of any condition under this Plan, if it occurred after the effective date and substantially and materially increased the service required.” If You have any concerns regarding the handling of Your claim, You may contact the Office of the Superintendent of Insurance at 1-855-427-5674.
New York and Washington: The following paragraph is added to Section 8(b): “If You cancel this Plan during the Free Look Period without making any claims and We do not provide the full refund within thirty days after Your return of the Plan, a 10% penalty per month will be added to the refund. The right to void the Plan during the Free Look Period is not transferable and applies only to the original contract purchaser.”
North Carolina: The purchase of this Plan is not required either to purchase or to obtain financing for the Covered Product. If the Plan has been in effect for seventy (70) days or more, We can only cancel the Plan due to: (1) Violations of the Plan’s terms and conditions; (2) discovery of fraud or material misrepresentation by You; (3) an act or omission by You or a violation by You of any condition of the Plan that substantially and materially increases the service required under the Plan; and (4) nonpayment. Any refund will be a pro-rata refund based on the elapsed Term, less costs of any claims. If We cancel this Plan, We will send written notice at Your last known address at least fifteen (15) days prior to the cancellation date. The insurer of this Plan shall assume responsibility for the administration of the Plan if We are unable to do so.
Oklahoma: This is not an insurance contract. Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial-use references in a service warranty contract. This Plan is not issued by the manufacturer or wholesaler company marketing the product. The Obligor is AIG Warranty Services of Florida, Inc., Oklahoma License No. 44200930. The term “etc.” is stricken from this contract. Sections 8(b) through (g) are replaced with the following: “If You cancel this Plan within the first thirty (30) days of receipt, You will receive a full refund. If You cancel this Plan after thirty (30) days, You will receive a refund based on one hundred percent (100%) of the unearned pro rata premium, less a cancellation fee of ten percent (10%) of the unearned pro rata premium. No claim incurred or paid, nor any repair made, will be deducted from the amount to be returned in the event of cancellation. We may not cancel this Plan except for reasonable suspicion of fraud, material misrepresentation, or nonpayment by You. Notice of such cancellation will be mailed to You at least thirty (30) days prior to cancellation. If We cancel this Plan, We will refund one-hundred percent (100%) of the unearned pro-rata premium.”
Oregon: AIG WarrantyGuard, Inc.’s license number in Oregon is 208059.
South Carolina: In the event of a dispute with the provider of this contract, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201, Telephone #: (803) 737-6160.
Tennessee: This Plan is automatically extended while the Covered Product is being repaired.
Texas: A ten (10%) percent penalty per month will be added to a refund that is not made within forty-five (45) days of return of the Plan to Us. You may cancel this Plan after the time periods above or after You have made a claim for service by returning the Plan to the Administrator and receive a pro-rata refund of the Plan price less any claims that have been paid. Unresolved complaints concerning a provider or questions concerning the registration of a service contract provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-6599 or (800) 803-9202 (in Texas). The Provider is AIG WarrantyGuard, Inc., 500 W. Madison Street, Ste. 3000, Chicago, IL 60661.
Utah: This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Plan is not guaranteed by the Property and Casualty Guarantee Association. Proof of loss should be furnished by You to Us as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Plan does not invalidate or reduce a claim. Sections 8(d) through (g) are replaced with the following: “We may cancel this Plan during the first sixty (60) days of the initial term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation, except that We may also cancel this Plan during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel the Plan by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) Material misrepresentation; (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (c) substantial breaches of contractual duties, conditions, or warranties.”
Virginia: : If any promise made in the contract has been denied or has not been honored within 60 days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at http://www.vdacs.virginia.gov/food-extendedservice-contract-providers.shtml to file a complaint.
Washington: Sections 8(d) through (g) are replaced with: “In the event of nonpayment, reasonable suspicion of fraud, material misrepresentation or if required to do so by a regulatory authority, We may cancel this Plan with twenty-one (21) days prior written notice. A pro rata refund will be issued for the unexpired coverage Term, less the costs of any claims paid. The notice of cancellation will include the reason and the effective date of cancellation.” You are not required to wait before filing a claim directly with the insurer of this Plan. The commissioner is the Provider’s attorney to receive service of legal process in any action, suit, or proceedings in any court. The obligations of the Provider under this Plan are insured by Illinois National Insurance Co., 500 W. Madison St., Ste. 3000, Chicago, IL 60661. You may make a claim directly with Illinois National Insurance Co. who insures the obligations of the Provider under this Plan at the foregoing address. Any arbitration proceedings initiated, brought, or required under Section 10 of this Plan will be held at a location in closest proximity to the service contract holder’s permanent residence. The eleventh (11th) paragraph of Section 10 is deleted in its entirety and replaced with the following: “In addition, We each further agree to waive any right to trial by jury.”
Wisconsin Residents: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Section 8(c) is replaced with the following: “If You cancel this Plan within thirty (30) days from the Plan Purchase Date after making a claim or cancel this Plan after thirty (30) days from the Plan Purchase Date, We will refund 100% of the unearned pro rata provider fee, less the costs of any claims made and a reasonable administrative fee for cancellation, not to exceed 10% of the provider fee.” Section 8(d) through (g) is replaced with the following: “We may only cancel this Plan for nonpayment of the provider fee, material misrepresentation by You to Us or the Administrator, or substantial breach of duties by You relating to the covered product or its use. We will mail written notice of cancellation to Your last known address at least five (5) days prior to cancellation by Us, which shall state the effective date of cancellation and the reason for cancellation. If We cancel this Plan for any reason other than nonpayment of the provider fee, We will refund 100% of the unearned pro rata provider fee, less any claims paid and a reasonable administrative fee for cancellation, not to exceed 10% of the provider fee.” The following is added to Section 8: “In the event of total loss of covered property that is not covered by a replacement of the property under this Plan, You may cancel this Plan and receive a pro rata refund of any unearned provider fee, less any claims paid.” We will not deny Your claim solely because You did not obtain preauthorization if We are not prejudiced by Your failure to notify Us. The “Subrogation” section does not apply to Wisconsin. The service contract provider is AIG WarrantyGuard, Inc. 500 W. Madison Street, Ste. 3000, Chicago, IL 60661. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.
STATE REQUIREMENTS AND DISCLOSURES FOR COMMERCIAL ENTITIES:
Georgia, Hawaii, Maryland: The following statement is added to Section 8(b): “If You cancel Your Plan during the Free Look Period without making any claims and do not receive a full refund or credit within forty-five (45) days of Our receipt of the returned Plan, a ten percent (10%) penalty per month shall be applied to the refund owed to You. The right to void the service contract during the Free Look Period is not transferable and applies only to the original contract purchaser.”
Connecticut: If Your term of coverage is less than one (1) year, this Plan is automatically extended while the product is being repaired. You may cancel this Plan if You return the product or the product is sold, lost, stolen, or destroyed. If We are unable to resolve any disputes with You regarding this Plan, You may file a written complaint to the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must describe the dispute, identify the price of the product and cost of repair, and include a copy of this Plan.
Georgia: Section 7(d) is deleted in its entirety and replaced with the following: “ANY AND ALL PRE-EXISTING CONDITIONS KNOWN TO YOU OR REASONABLY SHOULD BE KNOWN TO YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT." Sections 8(d) through (g) are replaced with the following: “If You request cancellation of the Plan within thirty (30) days from the Plan Purchase Date, You will be refunded the full Plan Price less claims paid. If You cancel the Plan after thirty (30) days from the Plan Purchase Date, You will be refunded the unearned pro-rata Plan Price less claims paid. We may only cancel this Plan for fraud, material misrepresentation, or failure to pay any amounts due. We will provide You with written notice of such cancellation, which will be effective at least thirty (30) days from date of mailing such notice. If We cancel this Plan, We will refund any unearned portion of the Plan price on a pro rata basis, less any claims paid. If a claim covered by this Plan is also covered by another service contract, then the claim will be paid on a pro-rata basis with such other service contract. If a claim covered by this Plan is covered by an insurance policy, manufacturer’s warranty, or recall, or is the subject of any legal action, We shall pay only for the amount of the cost to repair or replace such covered product in excess of the amount due from that other insurance policy, manufacturer’s warranty, recall, or legal action. In no event, however, shall We pay more than the applicable Limit of Liability. Arbitration is nonbinding in Georgia. For any claim that is not arbitrated or brought in small claims court, it will be resolved in a state or federal court with proper jurisdiction based on the county where the contract holder resides.”
Indiana: Your proof of payment to Us shall be considered proof of payment to the insurance company which guarantees Our obligations to You.
Maryland: Your service contract is extended automatically if We fail to perform the services under the service contract and will not terminate until the services are provided in accordance with the terms of the service contract.
New York: The following paragraph is added to Section 8(b): “If You cancel this Plan during the Free Look Period without making any claims and We do not provide the full refund within thirty days after Your return of the Plan, a 10% penalty per month will be added to the refund. The right to void the Plan during the Free Look Period is not transferable and applies only to the original contract purchaser.”
Oregon: AIG WarrantyGuard, Inc.’s license number in Oregon is 208059.
Utah: This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Plan is not guaranteed by the Property and Casualty Guarantee Association. Proof of loss should be furnished by You to Us as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Plan does not invalidate or reduce a claim. Sections 8(d) through (g) are replaced with the following: “We may cancel this Plan during the first sixty (60) days of the initial term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation, except that We may also cancel this Plan during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel the Plan by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) Material misrepresentation; (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (c) substantial breaches of contractual duties, conditions, or warranties.”
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