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evVive Policies

Terms & Conditions


Orders
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How to Place an Order with evVive.com

Orders can be placed on our website 24 hours a day 7 days a week. You can also call us to place an order at 877.679.2686.

Payment Options

We accept VISA, MasterCard, American Express, Discover Card, PayPal, and wire transfers.

Order Verification

All orders placed through evVive.com are subject to our verification process for order accuracy and authorized valid payment. For security reasons, we may contact you via email or phone requesting additional information.

In order to protect our customer against fraudulent activity, evVive.com must verify the bill to and ship to address (i.e. we don�t want someone who has �stolen� your credit card to ship products to his/her address). Please be sure to provide your exact billing address and phone number (the address and phone number your credit card bank has on file). Incorrect information will cause a delay us processing your order.

If your shipping address is different than you're billing address (where you receive your credit card statement), please call your credit card bank to make them aware of the shipping address. Informing your credit card bank about your the shipping address will not change any existing billing information; it will be temporarily listed in the banks memo field for purchase verification only. Please recognize that calling your credit card bank about an address notification may not only be necessary, but it will also speed up the verification process.

If your selected payment method is PayPal, we will ship your order to a PayPal confirmed address only. A PayPal confirmed address is an address that has been reviewed by PayPal and found to be safe based on information related to the address. For example, a credit card billing address is confirmed because PayPal can check that the address is the same as the address on file at the credit card company.

We are currently unable to process any credit cards that are billed to an address outside of the United States.

Order Confirmation

A confirmation displaying an order number will appear on the checkout page immediately after your order is submitted.

You will also receive an order confirmation via email after completing your order online or by phone. A valid email address* is required so that we may keep you informed on the status of your order. Please recognize that your ISP or email client may have a filter that is preventing the email confirmation from getting through to you. Please check your Junk Mail folder and/or turn off your Spam Filter to allow e-mail from support@evVive.com

* We will not share your email address with an unrelated party except when it is necessary to fulfill transactions that you had initiated. Please see our privacy policy for more information.

Order Processing Time

It may take approximately one or two business days to process an order before it ships, provided that the merchandise is in stock and that we are able to complete the address verification and payment process. (please see �order verification� section of this document about some of the measures we are taking to ensure your protection against fraudulent activity) The total estimated time of arrival is determined by the chosen method of shipping, carrier's local delivery guidelines and order processing time.

Order Status and Tracking Information

You can check the status of your order on our website at anytime by signing in to My Account section. Enter your email address and password to view the status of all existing and previous orders.

Order Change / Cancellation

You may request an order change or cancellation by phone as long as it has not been processed for shipping. There may be a 5% fee assessed on cancellations initiated by the customer if your credit card has been already been processed. Once your order has shipped you will need to refer to our Return Policy to request a return.

Shipping address changes

Once an order has passed our verification process, the shipping address cannot be changed if it is different than the billing address. You may cancel the existing order, provided that it hasn't been processed for shipping, and place a new order with a different shipping destination.

Backorders

Items sold on our website have an inventory status message alerting if the item is immediately available or not. Some items may be advertised for pre-sale on our website with an approximate ship date in the inventory status message.

If an item in your order is not in stock, we will not hold the rest of your order until the item is available*. We will ship the available items and backorder the item that is not in stock, provided that the available item on your order is not an accessory to the backordered item.

In most circumstances, we will ship the backorder shortly after it was ordered, unless you are notified otherwise. You may always cancel a backorder for a full credit by contacting our Customer Service department.

Drop Shipping

Most items purchased from evVive.com are shipped from our warehouse. In some circumstances evVive.com will arrange for the item to be shipped directly from the manufacturer in order to save time and shipping costs.

International Orders

We currently do not accept orders for shipment outside the U.S.

Order Acceptance and Limitations

Any order confirmation (electronic or paper receipt) given to you through evVive.com does not signify our acceptance of your order, nor does it constitute confirmation of an offer to sell. evVive.com reserves the right to decline and cancel an order, or supply less than quantity ordered at any time.

Pricing

Price Protection: Due to the dynamic nature of the marketplace we cannot offer price protection credits on merchandise previously purchased on our site. Prices are subject to change at any time without notice based on a combination of factors that are generally out of our control. They are usually dictated by market and availability conditions and/or by the manufacturers themselves and are often as likely to increase as they are to decrease. Once you have completed your purchase, the price you pay remains unchanged regardless of whether the price on our site has since increased or decreased. We pride ourselves offering our customers the best possible price we can based on our cost for the merchandise at that time of purchase.

Taxes

evVive.com will automatically charge and withhold the applicable sales tax for orders delivered to an address in the state of New Jersey. We do NOT charge sales tax on any orders shipped to other states in the USA. If your credit card billing address is in the state of New Jersey and your ship to address is not, you will not be charged sales tax. A 7% sales tax is automatically calculated on both the value of the product's and the shipping charge as required by New Jersey State law.


Returns
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Return Policy

Most products have the warranty of the manufacturer. Warranty documentation is included within the product. The manufacturers' warranty covers repair or replacement of defective parts, subject to the conditions set forth. On most items, evVive.com offers an exclusive 14-day exchange/refund policy to online/mail order customers only. The following products are not acceptable for credit, refund, or exchange and must be repaired by manufacturers' authorized service centers: all Pioneer and Panasonic Digital DVD Recorders including TiVo, computer desktops and notebooks, printers and Sony Digital Cameras and Camcorders all major appliances. To locate a service center near you, please refer to your product manual. Car Stereo and electronic equipment should be "bench-tested" PRIOR to installation (units that have been installed, scratched, or abused WILL NOT BE accepted for return or credit!). Pre-recorded videotapes, cassettes, CDs, DVDs and laser discs can only be exchanged for a different title, if unopened! Defective, pre-recorded videotapes, cassettes, CDs, DVDs and laser discs may be exchanged for same title ONLY! Extended Warranties are non-returnable and therefore non-refundable.

All returns are subject to a 20% restocking fee. If the condition of goods and packaging material are not 100% complete and in mint condition we reserve the right to increase the restocking fee. Shipping charges are non-refundable (for items marketed with free shipping promotion we will pass on the actual cost of shipping). Cost of returning merchandise is responsibility of customer.

For an RMA number (Return Merchandise Authorization) call Customer Service at 877-679-2686 or e-mail to support@evvive.com. All Returns require an authorization number. Please note that an RMA number does not guarantee final disposition. All returns are subject to inspection.

All exchanged/returned merchandise must be in original factory condition, including all packaging materials, inserts and manuals, warranty cards (not filled-out) and all accessories. Please do not tape or write anything on the item or the package! We will charge you for replacement of damaged, altered, missing, written-on or taped-on contents or original box. We reserve the right to refuse any such returns.

Pack the products into a shipping box with plenty of packing material, and tape securely. Write the RMA number issued by Customer Service clearly on the outside of the shipping carton.

Any merchandise returned to us unauthorized will be refused. Please ship your parcel back to us freight prepaid! We suggest that you use FedEx Ground Service "Insured". Sorry, we cannot accept COD or freight-collect shipments. No goods will be accepted for exchange or return without authorization

Refunds

A processing fee of 20 percent will apply to the value of all merchandise returned for a refund. If you are returning a product with the intention of purchasing different merchandise, the processing fee will still apply. This fee applies to open and unopened boxes. We will only refund the value of the merchandise returned, not the shipping charge. If the item you purchased qualified for one of our free shipping promotions, you will be responsible for our original cost of shipping the item to your home as well as the return shipping cost.

Exchange

If you purchased a product from EvVive.com that you wish to exchange for an alternative, you can return the item for a refund and simply place a new order for the item you desire. We do not apply a refund credit to your new purchase.

Defective Items

An item that was discovered to be defective upon receipt can be replaced with the same model only.

Damaged Items

All Packages are inspected for damage before they ship from our warehouse. If your package has been damaged in transit, please contact us immediately. We must be informed of all shipping related claims within 5 calendar days after the date of receipt. We do not issue refunds for returns of damaged merchandise. An item that was discovered damaged upon receipt will be replaced with the same model only.

Return Shipping

Return shipping cost (the cost to send an item back to our store) is like or comparable to your cost of driving to any store for returning an item, which is not reimbursable. We do not reimburse any return shipping cost.

If an item you received is defective, we will certainly replace the item with a new one. However, we do not cover or reimburse the shipping cost for returning defective merchandise back to our store. We will ship the replacement product to you at our cost, and use every good measure to ensure that the replacement order is processed quickly.

Replacement

We will send a product replacement after the authorized return has completed our receiving/inspection process. The replacement will ship within four business days following our receipt of your return. Please allow additional processing time after Holidays. Although it is our goal to ship a replacement as quickly as possible, we do not send replacements before we receive and inspect the returned merchandise. To receive a replacement more quickly, you may place a new order for the same item (shipping not included), and we will issue a refund for the full value of the returned product (including shipping), upon completion of our return process.

How to Return Merchandise

Please contact us at 877-679-2686. If you do not have the return form, we will provide it together with your RA number. Please fill in the requested information on our product return form, and carefully follow the instructions for return.

All returned merchandise must be in original condition, and must include the original factory box (UPC bar codes and serial numbers must be intact) and factory packaging (e.g. foam, plastic, wrappings, etc.), peripherals (e.g. battery, charger, cords, straps, etc.), included warranty cards (without markings), and all instruction booklets and paperwork. The RA number or any other inscriptions must not be written or printed on the product box or packaging. We will not process the return if any of these conditions are not followed.

Mail to: 465 Hartford Drive Nutley, NJ 07110 You may contact the following carriers to determine a Customer Counter or Authorized Shipping Outlet nearest your location. FedEx - (800) 463-3339 UPS - (800) 742-5877 U.S.P.S. - (800) 275-8777 Retuned merchandise that is lost or damaged during transit is solely the shipper's responsibility. It is important save the tracking information and to properly insure all merchandise being returned to evVive.com.

Return Exceptions

Although we have a very flexible return policy on most of the items we sell, there are some exceptions.

The following items may not be returned.
  • A/V Furniture
  • A/V Receivers
  • Apple ipods
  • Consumables, including but not limited to recordable media, film, digital memory, tapes, batteries, paper, and ink.
  • Mobile phones
  • Computers
  • Software (after opened)
  • Televisions*
  • Major Appliances
  • Wall mounting brackets (after the manufacturer's box has been opened)
  • Special order items
* All televisions and major appliances come with a full Manufacturers Warranty.. If defective, they will be serviced (repaired or replaced) by a manufacturer authorized service technician. evVive.com can help you locate your nearest Authorized Service Center.

Privacy Policy
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Introduction

This Web site and the various content, features and services (including, but not limited to, any online customer support services) offered on this Web site (collectively, the "Site") is owned and operated by evVive.com. evVive.com and our subsidiary companies worldwide (collectively, "evVive.com" or "we") are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. evVive.com has established this Privacy & Security Policy to let you know what information we may collect from you on the Site and how we may use that information. Please take a moment to review the terms of our Privacy & Security Policy.

By using the Site, you agree to accept the terms of our Privacy & Security Policy. If you do not agree to the terms of this Privacy & Security Policy, please do not use the Site. This Privacy & Security Policy applies only to information that we collect on the Site and does not apply to information we may collect by other means.

Your California Privacy Rights

The following applies only to California residents who have an established business relationship with evVive.com.

If we collect your name or other Personal Information from you (whether online or offline), we occasionally may make that Personal Information available to our parent, subsidiary and affiliated companies, or to other third parties who have products or services we believe will be of interest to you for their direct marketing purposes. If you do not want us to share your Personal Information with these companies for their direct marketing purposes, please [click here]. Your opt-out request will be processed within 30 days of the date on which we receive it. For more information on how your Personal Informati0on is collected, used and shared, please read the remainder of this Privacy & Security Policy.

Personal Information

Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, phone number, e-mail address, credit card information and billing address. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, in order to access certain information, services or features that may be contained on the Site, we may require you to provide Personal Information. For example, we will collect certain Personal Information if you choose to subscribe to a mailing list, register for an account, participate in sweepstakes or other promotions, fill out surveys or send questions or comments to us via e-mail. If you would like to purchase products or merchandise offered for sale on the Site using a credit card, we will collect your credit card information. For requests regarding purchased products, such as requests for online customer support or notification of order status, we also may collect order-related information such as your customer number and/or service tag number.

We also may collect certain demographic information (such as gender or age) and information about your interests and preferences ("preferences information"). In many cases, such demographic and preferences information is optional. If we link any demographic or preferences information to any Personal information, then such demographic and preferences information will be treated as Personal Information under this Privacy & Security Policy.

In addition, we may combine Personal Information that you provide to us on the Site with information about you that we may receive from our marketing partners or other third parties. This third-party information helps us better understand your interests and preferences and enables us to send communications that will be of more interest to you. Any such information about you from third parties that we combine with Personal Information that you provide to us on the Site will be treated as Personal Information under this Privacy & Security Policy.

For some features of the Site, you can submit information about other people. For example, if you wish to send an e-mail or e-postcard to a friend from the Site (if such service is available), you will submit your friend�s e-mail address, or if you purchase a product for another person on the Site and want it shipped directly to that person, you may submit the recipient�s name, address and certain other contact information. We will treat any such information we collect from a user about another person as though such other person had submitted such information, and our use, sharing and protection of such information will be subject to the terms of this Privacy & Security Policy. How We May Use Your Information

If you provide us with Personal Information, we may retain and use that information for several purposes. For example, we may use your Personal Information in order to process and fulfill any transactions or services you request, such as delivering any products and merchandise you purchase on the Site (including any customary follow-up or confirmation communications regarding such transactions), providing customer service and support, entering you into a sweepstakes, responding to your questions or sending e-mails to our mailing list subscribers. We also may use Personal Information to ensure compliance with our policies and applicable law. In addition, we may send you periodic communications by e-mail or regular mail, such as special offers or information on our products or services. If you wish to opt out of receiving e-mail communications from us ay any time, simply follow the instructions for doing so in the e-mails you receive from us.

With Whom We May Share Your Information

If you choose to provide us with your Personal Information on the Site, we may transfer that information within evVive.com. We may store and process Personal Information collected on our Site in the United States or any other country in which evVive.com or its agents maintain facilities. By using our Site, you consent to the transfer of your information among these facilities, including those located outside your country. Third parties provide certain services available on the Site on evVive�s behalf. For example, service providers are an important means by which evVive.com maintains the Site and our mailing lists, processes orders and delivers products. evVive.com may provide information, including Personal Information that evVive.com collects on the Site, to third-party service providers to help us deliver programs, products, information and services. evVive.com will take reasonable steps to ensure these third-party service providers are obligated to protect Personal Information on evVive.com's behalf.

In addition, we occasionally may make your Personal Information available to our parent, subsidiary and affiliated companies, or to other third parties who have products or services we believe will be of interest to you, and you may receive periodic communications from them. If you do not want us to share your Personal Information with these companies for their direct marketing purposes, please let us know by filling out our contact us form.

As evVive.com develops, we may buy other businesses or their assets or sell our business assets. Customer information generally is one of the business assets involved in such transactions. Thus, in the event that evVive.com or all of its assets are acquired, customer information would be one of the transferred assets.

We reserve the right to disclose visitor information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors or anyone else that could be harmed by such activities. We also reserve the right to disclose visitor information when we believe in good faith that the law requires it.

Aggregate Information

From time to time, we may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, which product pictures or other hyperlinks, if any, they click and which products are purchased. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site and products are most popular and to enhance the Site for visitors. We also may group this information into aggregate visitor data in order to describe the use of the Site and interest in our products to our existing or potential business partners, sponsors, advertisers or other third parties or in response to a government request. However, please be assured this aggregate data will in no way personally identify you or any other visitors to the Site.

Cookies and Other Tracking Technologies

Some of our Web pages utilize "cookies" and other tracking technologies. A cookie is a small text file that a Web site transfers to an individual�s hard drive for record-keeping purposes. For example, we may use cookies to collect information about Web site activity and maintain your shopping experience in our online store. We never save credit card information in cookies. Most browsers allow you to control cookies, including whether to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies. You occasionally may get cookies from our advertisers or other third parties with links on the Site. We do not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry. We do not link the information we store in cookies to any Personal Information you submit while on the Site.

Tracking technologies may record information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, clickstream patterns and dates and times our Site is accessed. We do not link the information we record using tracking technologies to any Personal Information you submit while on the Site.

Links to Other Sites/Public Venues

Please be aware that when you are on the Site, you could be directed to other sites that are beyond our control. These other sites may send their own cookies to visitors that may collect data or solicit Personal Information. The privacy policies of these other sites may be significantly different from this Privacy & Security Policy. We are not responsible for the privacy policies of these other sites and cannot guarantee the security of any of your Personal Information collected there.

Please keep in mind that whenever your give out Personal Information on a public venue online (e.g., in a blog, message board or chat room), that information can be collected and used by people you do not know. If you choose to voluntarily disclose information in any blog, message board, chat room or similar forum that may be available on the Site, this Privacy & Security Policy will not cover such disclosure of information. We urge you to use caution when disclosing any Personal Information on these venues. We are not responsible and will not be liable for any options, content or other materials posted by users on any such venues.

Security

Wherever your Personal Information may be held within evVive.com or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information you share with us from unauthorized access or disclosure. When you transmit Personal Information from your PC to our servers, your information is protected by both a firewall (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and industry standard Secure Socket Layer (SSL) encryption. Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction or inadvertent disclosure of your Personal Information.

If you create an account on the Site, you may be asked to choose a password for your account, in which case your online account information will be protected by your password. We recommend you do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.

Secure Shopping

evVive.com ensures your checkout is secured with the Secure Socket Layer (SSL) protocol. SSL provides you with the freedom to shop online without the fear of your credit card information being stolen. This encryption is similar to a combination lock, only with several trillion combinations. Three ways of indicating you�re on a secure Web page are:

  • a URL (Web address) that uses an SSL connection begins with https: instead of http:
  • the key or padlock on your browser screen will become solid
  • a Security Alert message may pop up when you move from a regular to a secure screen

VeriSign is a service that authenticates the integrity of this encryption method, and this Site is a VeriSign Secured Web site. Updating Your Information

If you have registered for an account, you may view and update your account information at any time by logging into your account with your password.

Children's Privacy

The Site is not structured to attract children. Accordingly, we do not knowingly collect Personal Information from anyone under 13 years of age. If you are under the age of 13, please do not provide any Personal Information to us. If we become aware that we have collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

Changes to Our Privacy & Security Policy

The terms of this Privacy & Security Policy may change from time to time. We will notify you of any material changes to this Privacy & Security Policy by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that this Privacy & Security Policy has been updated, and by changing the "Last Modified" date at the top of this Privacy & Security Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

Governing Law

This Privacy & Security Policy and the privacy practices of evVive will be subject exclusively to the laws of the State of New Jersey within the United States of America. evVive.com makes no representation that this Privacy & Security Policy and such practices comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Contact Us

If you have any questions or comments regarding our Privacy & Security Policy, please contact us or at our contact information below. While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.

Terms & Conditions
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Introduction

This Web site (the Site) is owned and operated by Bonhomie Productions, Llc. (Bonhomie Productions, Llc. or evVive.com or we). Bonhomie Productions, Llc. provides its service to you subject to the following Terms of Service (the Terms). By using the Site, you agree to be bound by the Terms. Bonhomie Productions, Llc. may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Site. By continuing to access and use the Site after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features or ordering products on the Site, you shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. Description of Service

The Site allows users to research, compare and order various electronic devices, accessories and other products featured on the Site (collectively, Products), including, but not limited to, Home Appliances, Digital Cameras, Camcorders, Digital television sets, Projection television sets, Global Positioning Systems, Home Audio Systems, Computers, Printers and Related Software. The Site and the services, features and Product information that Bonhomie Productions, Llc. offers to users on the Site may be referred to herein collectively as the Service. Unless explicitly stated otherwise, any new features that augment or enhance the Service in the future shall be considered part of the Service and subject to the Terms.

Purchasing Products

If you would like to purchase Products, your purchase will be subject to the terms and conditions of our Purchase Policy. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy. Our Purchase Policy is hereby incorporated by reference into the Terms.

Registration

You may be required to register for an account on the Site in order to take advantage of certain features of the Site, such as purchasing Products. If you choose to register on the Site or if you otherwise provide information on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form or other area of the Site and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to Bonhomie Productions, Llc. that is untrue, inaccurate, not current or incomplete, or Bonhomie Productions, Llc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bonhomie Productions, Llc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Any registration or other information you provide to Bonhomie Productions, Llc. is subject to our Privacy Policy. For more information, see our full Privacy Policy. Our Privacy Policy is hereby incorporated into the Terms by this reference.

Member Account and Password

If you choose to register for an account with Bonhomie Productions, Llc., you will create a username and password while completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bonhomie Productions, Llc. of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. Bonhomie Productions, Llc. cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Materials on the Site, Proprietary Use

You acknowledge that all materials on the Site, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the Materials), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by Bonhomie Productions, Llc. and/or its suppliers or licensors, all rights reserved. Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit or otherwise use any of the Materials in any form or by any means, without the prior written permission of Bonhomie Productions, Llc. or the respective copyright owner. Bonhomie Productions, Llc. authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.

The trademarks, service marks, trade names, trade dress and logos (collectively, Marks) contained or described on the Site (including, without limitation, www.evVive.com and any Marks associated with any Products) are the sole property of Bonhomie Productions, Llc. and/or its suppliers and licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Bonhomie Productions, Llc. or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Bonhomie Productions, Llc. and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Bonhomie Productions, Llc.. Bonhomie Productions, Llc. will enforce its intellectual property rights to the fullest extent of the law.

Submissions

In the event that we provide users with any venues to submit opinions, information, ideas, suggestions, concepts or other material (collectively, Submissions) on the Site (collectively, Venues, and including, but not limited to, bulletin boards, chat rooms, surveys or invitations to e-mail Bonhomie Productions, Llc. with questions or comments) any such Submissions must be original with you and be accurate and current. You may not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise violate any applicable law or right. You may not submit any Submission that is protected by copyright, patent or other proprietary rights without obtaining permission of the owner of such rights. The Venues shall not be used for any commercial purposes. You will not submit any Submission to solicit funds or to promote, advertise or solicit the sale of any goods or services.

Any Submissions submitted by you to the Site through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by Bonhomie Productions, Llc. without restriction. Without limiting the foregoing, by offering any Submissions through the Site, you grant to Bonhomie Productions, Llc. the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.

We reserve the right, in our sole discretion, to edit any Submission and to choose to include or not include such Submission in any Venue. We are not responsible for screening, monitoring or verifying any Submissions (subject to the Copyrights and Copyright Agent paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of Bonhomie Productions, Llc.. Bonhomie Productions, Llc. does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Site.

Links and Third Party Content

Links on the Site to third-party Web sites are provided only as a convenience to you. If you use these links, you will leave the Site. Bonhomie Productions, Llc. does not control or endorse any such third-party Web sites. You agree that neither Bonhomie Productions, Llc. nor any of its parent or subsidiary companies will be responsible or liable for any content, goods or services provided on or through these outside Web sites or for your use or inability to use such Web sites. You will use these links at your own risk.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, Bonhomie Productions, Llc., ITS PARENT AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE Bonhomie Productions, Llc. PARTIES) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE Bonhomie Productions, Llc. PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Bonhomie Productions, Llc. PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF THE Bonhomie Productions, Llc. PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE Bonhomie Productions, Llc. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

If you are dissatisfied with any Bonhomie Productions, Llc. material, or with any of Bonhomie Productions, Llc.'s terms and conditions, your sole and exclusive remedy is to discontinue using the Site.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Intended Audience

Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available in the United States and its territories and possessions. Bonhomie Productions, Llc. controls and operates the Site from its offices located in the State of New York in the United States of America. Bonhomie Productions, Llc. makes no representation that Materials contained on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Copyrights and Copyright Agent

Bonhomie Productions, Llc. respects the intellectual property of others, and we ask our users to do the same. If you believe your work has been copied on the Service in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide a written notice to Bonhomie Productions, Llc.'s Copyright Agent (at the address set forth below) that contains all of the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number and e-mail address;
  5. a 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;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.

Bonhomie Productions, Llc.'s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent.
Bonhomie Productions, Llc.
60E Hartsdale Ave.
Hartsdale, NY 10530

By e-mail: info@evvive.com

If you fail to provide all of the information requested above, then except as required by law, Bonhomie Productions, Llc. shall have no obligation to respond to your notice. If you knowingly misrepresent that material on the Service is infringing, Bonhomie Productions, Llc. may pursue any remedies against you that are available to Bonhomie Productions, Llc. under law.

Termination

Bonhomie Productions, Llc. reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason, including your breach of the Terms or other conduct by you that Bonhomie Productions, Llc. considers inappropriate. Bonhomie Productions, Llc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that neither Bonhomie Productions, Llc. nor any of its parent or subsidiary companies shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that neither Bonhomie Productions, Llc. nor its parent or subsidiary companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Governing Law

The Terms shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles of conflicts of law. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Bonhomie Productions, Llc. makes no representation that the Terms comply with the laws of any other country. Visitors who use the Service and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Contacting Us

If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, please contact us at info@evvive.com. We will address any issue to the best of our abilities as soon as possible.

Shipping
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Shipping Options and Destinations

FedEx

All merchandise except for oversized items (e.g. LCD, plasma, rear projection televisions and major appliances) advertised on evVive.com are usually shipped via FedEx.

All packages shipped from evVive.com require a signature upon delivery (we really don�t want unauthorized people running around with your product). Please arrange for someone to sign for the delivery if you are unable to do so. We recommend that you provide an email address, so that we may keep you informed on the status of your order, and send you tracking information. You will be able to track your order online or by phone for an estimated time of arrival.

Oversized Merchandise Delivery

Oversized merchandise (plasma, rear projection and LCD televisions and major appliances) are shipped via a trucking company that specializes in Home Delivery. Since these items are large and fragile they require special handling and cannot be shipped via standard delivery methods.

Merchandise shipped via this specialized Home Delivery service will be delivered in 5-10 business days following the shipping day (5-7 days for TV, 7-10 days for large appliances). A shipping company representative will contact you while your purchase is in transit to schedule an appointment for delivery. You will be provided with a 4-5 hour delivery time window between 8:00am and 5:00pm Monday through Friday. If you will not be available to accept delivery during those hours, you may request a special delivery time for an additional fee.

The following Home Delivery options are available for oversized merchandise:

Threshold Delivery: A single driver will deliver the merchandise to your front entrance (threshold), provided that it is on ground level. If the approach to the entrance requires stairs (second floor or higher, basement), your order will be delivered to the point closest to the entrance (threshold) that doesn't require stairs. If the entrance requires a flight of stairs please select our White Glove Service.

White Glove Delivery: A team of two drivers will deliver the merchandise to any room at the destination address. Your merchandise will be unpacked and placed anywhere you desire*, and all the debris will be removed (does not include assembly or installation).

Oversized Merchandise Acceptance Instruction: We take every precaution during our shipping preparation process to ensure that oversized merchandise gets to you in perfect condition. Every shipment is individually palletized and is affixed with special fragile caution labels as well as a Drop n' Tell sensor.

Although it is unusual for our oversized merchandise, shipped via our special Home Delivery trucking company, to sustain damage during transit, it is important to inspect the merchandise upon delivery! Please inspect the merchandise (NOT the box it came in) for damage. The delivery driver is required to wait while you visually inspect the merchandise for physical damage. It is not necessary to lift the merchandise out of the carton for inspection; you may simply remove the plastic tabs located on the side of the box, and then easily slide it off the merchandise.

Please recognize that shipping cartons do occasionally sustain a little damage during transit. Do not refuse the delivery if you notice damage to the box. Please remove the box and inspect the actual merchandise for physical damage before signing acceptance for the shipment. Also, please recognize that the Drop n' Tell sensors (attached to the outer carton) are extremely sensitive, and may indicate that the TV was dropped even though there is no damage at all. If the drop-n'-tell sensor was triggered, please indicate so on the bill of lading (BOL), and inspect the merchandise for physical damage (inspect the TV frame and screen for cracks).

If the merchandise (NOT the shipping carton) is damaged, please refuse the delivery and make a notation describing the damage on the delivery manifest receipt. We will send a replacement immediately after we receive confirmation from our carrier that the merchandise has been damaged.

Additional fees for oversized merchandise delivery will be applied to the following circumstances:

Redelivery (oversized merchandise only): If you are not at the delivery location when the driver attempts delivery during the scheduled delivery time window, or request the driver to come back at a later time, there will be a $50 charge.

Refused Delivery (oversized merchandise only): If you refuse delivery on merchandise that is not defective or damaged, you will be refunded for the returned merchandise less our cost of shipping (including the return) in addition to our standard 10% return processing fee.

Special Delivery: To request a Special Delivery time window, please inquire with the delivery scheduling agent when they contact you to arrange a delivery appointment. If a special delivery is performed upon your request, you will be billed through evVive.com based on the following rates.
Saturday Delivery - $75 or 10 cents a pound whichever is greater
Sunday or Holiday - $125 or 15 cents a pound whichever is greater
* Oversized merchandise will be carried two flight of stairs if necessary. There will be a fee for each additional flight of stairs.

Destinations we cannot ship to
  • International orders (including Canada)
  • Alaska, Hawaii, Puerto Rico (additional costs will apply)
  • Mail box drop off locations
  • Hotels, Motels, etc.
  • Trade shows, Conventions, Conferences


Extended Warranty Terms & Conditions
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(view pdf version) SERVICE AGREEMENT

DEFINITIONS: "We", "Us" and "Our" shall mean Dealer and/or its Administrator AMT Warranty Corp. In Florida "We", "Us" and "Our" shall mean Technology Insurance Company. "You" or "Your" shall mean the purchaser of the product(s) covered by this Service Agreement.

WHAT IS COVERED: In consideration of payment of the Service Agreement price, We will furnish or pay for labor and parts or replacement equipment required to repair a mechanical or electrical failure of the covered Product during normal usage for the term of this Service Agreement, if the Product is not covered under any other warranty or service contract. This Service Agreement does not cover repair or replacement of the Product for any of the causes or provide coverage for any losses set forth in the section entitled

WHAT IS NOT COVERED below.

  1. Replacement Plan: If You purchased a Replacement Plan, in the event of a Claim, We will replace the Product with a new, rebuilt or refurbished product of equal or similar features and functionality or, at Our sole discretion, reimburse You for replacement of the Product. Upon replacement of a Product, We will have no further obligation to replace the Product and You will not be entitled to make any further claims for its replacement.
  2. Repair Plan: If You purchased a Repair Plan, in the event of a covered Claim, We will repair or, at Our discretion, replace the Product with a new, rebuilt or refurbished product of equal or similar features and functionality Upon replacement of a Product, We will have no further obligation to repair or replace the Product and You will not be entitled to make any further claims for its repair or replacement.
  3. Accidental Damage From Handling (ADH / Passport): If Accidental Damage from Handling Program is part of Your coverage program it augments Your product warranty by providing additional protection against accidental damage from handling to Your product that You have purchased. ADH covers accidental damage to Your product while being used by You subject to the exclusions below. ADH does not provide protection against normal wear and tear, theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the product, cosmetic damage and/or other damage that does not affect unit functionality, or damage caused during shipment between You and Our service providers. If protective items such as covers, carrying cases or pouches, etc., were provided or made available for use with Your product, it is expected that You will continually use these product accessories for protection against damage to the product. Abuse is defined as Your intentional non-utilization of protective items during product use, or Your treatment of the product(s) that You have purchased for Your use in a harmful, injurious or offensive manner that may result in its damage. Any resultant damage from this type of treatment is NOT covered by this ADH program.

Special Features and Benefits

Food Loss: This Plan will reimburse you for food loss due to the mechanical failure of your covered refrigerator or freezer when service is not provided within 48 hours after you received authorization. To receive coverage for food loss, the failure of your covered refrigerator or freezer must be due to a defect in the components of the appliance, excluding icemaker repairs. You will be reimbursed up to the limit of five dollars ($5.00) per cubic foot of storage space and a maximum of two hundred fifty dollars ($250.00) per calendar year. To receive payment, you must have the appliance repaired by a service center authorized by the Administrator and submit the following: a copy of the repair order, an itemized list of food lost due to the lack of refrigeration, and proof of purchase for the replaced food.

Power Surge: Damage or defects to your covered product caused by a power surge will be covered up to a maximum of the replacement cost of the product over the life of the contract. If your covered product suffers damage from a power surge, you must first make a claim with the insurance carrier who provides your homeowner's/renter's insurance. The Administrator will reimburse the deductible up to the $1,000 limit once proof of a valid claim is provided. If you do not have a homeowner's or renter's insurance policy, you must notify the Administrator in writing and the Administrator will reimburse you up to the replacement cost of the product.

PLACE OF SERVICE: If You purchased On-Site Service, we will arrange to repair or replace the Product at Your location during normal business hours. If you purchased Carry/Mail-In Service, You will be responsible for delivery or shipment, prepaid and insured, of the Product to Our authorized service facility for repair or replacement.

LIMIT OF LIABILITY: The total amount that We will pay for repairs made in connection with all claims that You make pursuant to this Service Agreement shall not exceed the purchase price of the Product, less taxes. In the event that We make payments for repairs, which in the aggregate, are equal to the Purchase Price or We replace the Product with a new, rebuilt or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

TERM:

  1. Replacement Plan: This Service Agreement shall be effective as of the date You purchased Your product and is inclusive of the manufacturer's original written warranty. If for example, the manufacturer provides a split warranty coverage program wherein the term durations are unequal for parts and labor (e.g., three months of labor and twelve months of parts coverage), and You have purchased a 12 month (365 days) extended service agreement, this plan shall commence on day 91 when the shortest portion of the manufacturer's warranty ends and will provide labor coverage through day 455. The product manufacturer has primary responsibility for replacement or repair of the covered product during the manufacturer's warranty period. This Service Agreement shall terminate completely upon replacement of Your product or at the end of the term specified in the sales documentation provided to You with Your purchase of the product and this replacement plan, whichever occurs first. All products replaced under this plan are the property of US in their entirety.
  2. Repair Plan: This Service Agreement shall be effective as of the date You purchased Your product and is inclusive of the manufacturer's original written warranty. If for example, the manufacturer provides a split warranty coverage program wherein the term durations are unequal for parts and labor (e.g., three months of labor and twelve months of parts coverage), and You have purchased a 12 month (365 days) extended service agreement, this plan shall commence on day 91 when the shortest portion of the manufacturer's warranty ends and will provide labor coverage through day 455. Both parts and labor coverage under this agreement shall expire at the end of day 455. The product manufacturer has primary responsibility for replacement or repair of the covered product during the manufacturer's warranty period. It shall remain in effect, subject to the Limit of Liability defined above, for the term specified in the sales documentation provided to You at time of purchase. All products and/or parts replaced under this plan are the property of US in their entirety.
  3. Accidental Damage From Handling (ADH / Passport): This Service Agreement shall be effective as of the date You purchased Your product. It shall remain in effect, subject to the Limit of Liability defined above, for the term specified in the sales documentation provided to You at time of purchase.

WHAT IS NOT COVERED:
(A) ANY EQUIPMENT LOCATED OUTSIDE THE UNITED STATES OF AMERICA OR CANADA;
(B) EQUIPMENT SOLD WITHOUT A MANUFACTURER'S WARRANTY OR SOLD "AS IS;"
(C) REFURBISHED PRODUCTS WITH LESS THAN AN ORIGINAL NINETY (90) DAYS MANUFACTURER'S PARTS AND LABOR LIMITED WARRANTY;
(D) MAINTENANCE, REPAIR OR REPLACEMENT NECESSITATED BY LOSS OR DAMAGE RESULTING FROM ANY CAUSE OTHER THAN NORMAL USE AND OPERATION OF THE PRODUCT IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS AND OWNER'S MANUAL, INCLUDING BUT NOT LIMITED TO, THEFT, EXPOSURE TO WEATHER CONDITIONS, OPERATOR NEGLIGENCE, MISUSE, ABUSE, IMPROPER ELECTRICAL/POWER SUPPLY, ETC.;
(E) UNAUTHORIZED REPAIRS, IMPROPER INSTALLATION OR ATTACHMENTS, TRANSPORTATION DAMAGE ;
(F) COSMETIC DAMAGE TO CASE OR CABINETRY OR OTHER NON-OPERATING PARTS OR COMPONENTS;
(G) LACK OF MANUFACTURER SPECIFIED MAINTENANCE, IMPROPER EQUIPMENT MODIFICATIONS, VANDALISM, ANIMAL OR INSECT INFESTATION, RUST, DUST, CORROSION, DEFECTIVE BATTERIES, BATTERY LEAKAGE, OR ACTS OF NATURE OR ANY OTHER PERIL ORIGINATING FROM OUTSIDE THE PRODUCT;
(H) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS, INCLUDING 'BURN-IN' OR BURNED CRT PHOSPHOR, CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE SIGNAL(S), OR OTHER ABUSE
(I) DIGITAL/VIDEO PROJECTOR AND "DLP" TYPE REAR PROJECTION TV'S BULBS (UNLESS ADDITIONAL BULB COVERAGE IS PURCHASED)
(J) DAMAGED OR DEFECTIVE LCD SCREENS WHEN THE FAILURE IS CAUSED BY ABUSE OR IS OTHERWISE EXCLUDED HEREIN
(K) ALL DISPLAY PRODUCTS THAT ARE USED IN AN APPLICATION THAT REQUIRES CONTINUOUS BUSINESS AND/OR COMMERCIAL OPERATION
(L) EQUIPMENT USED IN INDUSTRIAL SETTINGS
EQUIPMENT USED IN INDUSTRIAL SETTINGS MAY BE DEFINED AS: (I) ANY UTILIZATION OF EQUIPMENT THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE EQUIPMENT OR THE WAY THE MANUFACTURER INTENDED THE EQUIPMENT TO BE USED, (II) ANY AND ALL CASES IN WHICH THE MANUFACTURER OF THE EQUIPMENT WOULD NOT HONOR ANY WARRANTY REGARDING THE EQUIPMENT
(M) ACCIDENTAL DAMAGE, CRACKED OR DAMAGED MONITOR, LAPTOP OR DISPLAY SCREENS, DAMAGE DUE TO WATER OR LIQUID MARKS AND/OR RINGS IF ADH COVERAGE WAS NOT INCLUDED AS AN INTEGRAL PART OF THE PLAN PURCHASED BY YOU FOR YOUR COVERED PRODUCT
(N) COMPONENTS NOT CONTAINED WITH THE HOUSINGS OF THE COVERED PRODUCT(S) SUCH AS KEYBOARDS, MOUSE, SPEAKERS, MODEMS, WIRING, ETC
(O) ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT
(P) SERVICE NECESSARY BECAUSE OF IMPROPER STORAGE, IMPROPER VENTILATION, RECONFIGURATION OF EQUIPMENT, USE OR MOVEMENT OF THE EQUIPMENT, INCLUDING THE FAILURE TO PLACE THE EQUIPMENT IN AN AREA THAT COMPLIES WITH THE MANUFACTURER'S PUBLISHED SPACE OR ENVIRONMENTAL REQUIREMENTS
(Q) ANY UTILIZATION OF EQUIPMENT THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE EQUIPMENT OR THE WAY THE MANUFACTURER INTENDED THE EQUIPMENT TO BE USED
(R) ANY INSTALLATION THAT PREVENTS NORMAL SERVICE
(S) ANY AND ALL CASES IN WHICH THE MANUFACTURER OF THE EQUIPMENT WOULD NOT HONOR ANY WARRANTY REGARDING THE EQUIPMENT
(T) FAILURE TO USE REASONABLE MEANS TO PROTECT YOUR PRODUCT FROM FURTHER DAMAGE AFTER A FAILURE OCCURS
(U) LOSS OR DAMAGE TO RECORDING MEDIA, SOFTWARE OR DATA
(V) CONSUMABLES SUCH AS BATTERIES, BULBS, TONER, RIBBONS, INK CARTRIDGES, DRUMS, BELTS, OR CONSUMER REPLACEABLE PRINTER HEADS
(W) UNAUTHORIZED TRANSPORTATION CHARGES IF SERVICE IS SPECIFIED ON YOUR SALES RECEIPT AS CARRY IN
(X) PRODUCT(S) WITH REMOVED OR ALTERED SERIAL NUMBERS. (Y) REPAIRS RECOMMENDED BY A REPAIR FACILITY NOT NECESSITATED BY MECHANICAL OR ELECTRICAL BREAKDOWN
(Z). PARTS USED TO REPAIR OR REPLACE MAY BE NEW, USED OR REFURBISHED AT OUR SOLE OPTION
(AA) ANY REPAIR THAT IS A RESULT OF IN-WARRANTY PARTS NOT PROVIDED OR SHIPPED BY THE MANUFACTURER
(AB) DAMAGE OR EQUIPMENT FAILURE WHICH IS COVERED BY MANUFACTURER'S WARRANTY, MANUFACTURER'S RECALL, OR FACTORY BULLETINS (REGARDLESS OF WHETHER OR NOT THE MANUFACTURER IS DOING BUSINESS AS AN ONGOING ENTERPRISE.)
(AC) CLEANING, PREVENTIVE MAINTENANCE OR CUSTOMER EDUCATION
(AD) SYSTEMS OR COMPONENT(S) THAT ARE COVERED BY A MANUFACTURER'S WARRANTY, INSURANCE OR ANOTHER SERVICE CONTRACT
(AE) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS AT THE REPAIR CENTER OR OTHERWISE AWAITING PARTS
(AF) DAMAGE TO COMPUTER HARDWARE AND SOFTWARE CAUSED BY, INCLUDING, BUT NOT LIMITED TO, VIRUSES, APPLICATION PROGRAMS, NETWORK PROGRAMS, UPGRADES, FORMATTING OF ANY KIND, DATABASES, FILES, DRIVERS, SOURCE CODE, OBJECT CODE OR PROPRIETARY DATA, OR ANY SUPPORT, CONFIGURATION, INSTALLATION OR REINSTALLATION OF ANY SOFTWARE OR DATA
(AG) SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE EQUIPMENT OR REPAIRS MADE BY ANYONE OTHER THAN THE AUTHORIZED SERVICE PROVIDER, ITS AGENTS, DISTRIBUTORS, CONTRACTORS OR LICENSEES OR THE USE OF SUPPLIES OTHER THAN THOSE RECOMMENDED BY THE MANUFACTURER
(AH) CUSTOM INSTALLATIONS: PRODUCTS INSTALLED IN CABINETRY AND OTHER TYPES OF BUILT-IN APPLICATIONS ARE ELIGIBLE FOR SERVICE AS LONG AS YOU MAKE THE PRODUCT ACCESSIBLE TO THE SERVICE TECHNICIAN. WE ARE NOT RESPONSIBLE FOR DISMANTLING OR REINSTALLATION OF FIXED INFRASTRUCTURE WHEN REMOVING OR RETURNING REPAIRED OR REPLACED PRODUCT INTO A CUSTOM INSTALLATION
(AI) COMPUTERS WITH ANY OPERATING SYSTEM OTHER THAN DOS, WINDOWS 95 OR HIGHER, MAC OPERATING SYSTEMS
(AJ) CHARGES RELATED TO "NO PROBLEM FOUND" DIAGNOSIS. NON FAILURE PROBLEMS, INCLUDING BUT NOT LIMITED TO, ITEMS NOT COVERED, NOISES, SQUEAKS, ETC. INTERMITTENT ISSUES ARE NOT PRODUCT FAILURES.

WHAT TO DO IF COVERED PRODUCT REQUIRES SERVICE: Call Us at 1-800-397-5975 toll-free and explain the problem. We will attempt to resolve the problem You are experiencing over the telephone. If We can not resolve the problem, You will be directed to an authorized service center. NOTE: THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. We reserve the right to inspect the Product from time to time. Service will be provided during normal business hours and in the USA only.

RENEWAL: This Service Agreement may at Our discretion be renewed at the expiration of its term. When We offer to renew the Service Agreement, the renewal price quoted will reflect the age of the Product and the prevailing service cost at the time of the renewal.

TRANSFER OF SERVICE AGREEMENT: This Service Agreement may be transferred to any person in the United States by contacting Us at 1-800-397-5975 toll-free.

GUARANTEE: This is not an insurance policy. We have obtained an insurance policy to insure Our performance under this Service Agreement. Should We fail to pay any claim or fail to replace the Product covered under this Service Agreement within sixty (60) days after Product has been returned or, in the event that You cancel this Service Agreement, and We, fail to refund the unearned portion of the Service Agreement price, You are entitled to make a direct claim against the insurance company, Wesco Insurance Company, 59

Maiden Lane, 6th Floor, New York, NY 10038. NOTE: THE ABOVE GUARANTEE DOES NOT APPLY TO SERVICE AGREEMENTS SOLD IN THE STATE OF FLORIDA.

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

ALABAMA only: You may return this Plan within twenty (20) days of the date the Plan was provided to you, or within ten (10) days if the Plan was delivered to you at the time of sale. If you made no claim, the Plan is void and the full purchase price will be refunded to you. If you cancel this Plan after the first 20 days, you will receive the unearned portion of the full purchase price of the Plan, less an administrative fee of up to twenty-five dollars ($25.00). The Administrator will pay a penalty of 10% per month on a refund that is not paid or credited within forty-five (45) days after return of the service contract to the Administrator. Obligations of the Administrator are backed by the full faith and credit of the Administrator, as well as by contractual liability insurance. If the Administrator fails to pay or to provide service on a claim within sixty (60) days after proof of loss has been filed, the contract holder is entitled to submit a claim directly to Wesco Insurance Company, who insures the Administrator's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038. These provisions apply only to the original purchaser of the Plan. In the event the Administrator cancels the Plan, the Administrator will mail a written notice to you at your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by you relating to the covered property or its use.

ARIZONA ONLY: Definitions: A "consumer" means a contract holder, inclusive of a buyer of the covered product (other than for resale), any person to whom the product is transferred during duration of the contract coverage period, or any person entitled to receive performance on the part of the obligor under applicable law. A "service company" is any person or entity that performs or arranges to perform services pursuant to a service contract which the person issues. A "service contract administrator" means an entity which agrees to provide contract forms, process claims and procure insurance for and on behalf of a dealer in performance of the obligations pursuant to a service contract, but which may not itself perform actual repairs. AMT Warranty Corp. is the service contract administrator/provider and the obligor for this Plan in Arizona. Cancellation: If your written notice of cancellation is received prior to the expiration date, we will provide a pro rata refund after deducting for administrative expenses associated with the cancellation, regardless of prior services rendered against the contract. No claim incurred or paid shall be deducted from the amount of the refund. The cancellation provision shall not contain both a cancellation fee and a cancellation penalty. WHAT IS NOT COVERED: WITH RESPECT TO ARIZONA CONTRACTHOLDERS, THE FOLLOWING ITEMS AS FOUND UNDER THE SECTION "WHAT IS NOT COVERED" IS HEREBY DELETED: - EQUIPMENT SOLD WITHOUT A MANUFACTURER'S WARRANTY OR SOLD "AS IS"; - REFURBISHED PRODUCTS WITH LESS THAN AN ORIGINAL NINTETY (90) DAYS MANUFACTURER'S PARTS AND LABOR LIMITED WARRANTY FURTHER, WITH RESPECT TO ARIZONA CONTRACTHOLDERS, COVERAGE WILL BE EXCLUDED IF PRODUCTS(S) WITH REMOVED OR ALTERED SERIAL NUMBERS; ALTERATION OF THE EQUIPMENT OR REPAIRS MADE BY ANYONE OTHER THAN THE AUTHORIZED SERVICE PROVIDER, ITS AGENTS, DISTRIBUTORS, CONTRACTORS OR LICENSEES OR THE USE OF SUPPLIES OTHER THAN THOSE RECOMMENDED BY THE MANUFACTURER; UNAUTHORIZED REPAIRS OR IMPROPER INSTALLATION HAVE OCCURRED AFTER THE CONTRACT START DATE OR WHILE THE COVERED PRODUCT WAS OWNED BY YOU.

ARKANSAS only: With respect to Arkansas contract holders, the Obligor under this Plan is the Dealer.

CALIFORNIA only: With respect to California contract holders, the Obligor under this plan is the Dealer. This contract may be cancelled by the contract holder for any reason, including, but not limited to, the product covered under this contract being sold, lost, stolen or destroyed. If you decide to cancel your service agreement, and cancellation notice is received by the Administrator within 30 days of the date you received the service agreement, and you have made no claims against the agreement, you will be refunded the full service agreement price, less any claims; or if your service agreement and cancellation notice is cancelled by written notice after 30 days from the date you received this service agreement, you will be refunded a pro-rated amount of the service agreement price, less any claims paid, less an administrative fee of 10% of the service agreement price or $25, whichever is less, unless otherwise precluded by law.

COLORADO only: 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.R.S. A party to this plan may have a right of civil action under the laws, including obtaining the recourse or penalties specified in such laws. With respect to Colorado contract holders, the Obligor under this Plan is the Dealer.

CONNECTICUT only: The term of your Plan is automatically extended by the length of time in which the covered product is in the Administrator's custody for repair under the plan. If your plan is a replacement Plan, it is automatically extended through the time period in which the product is in transit for inspection, and until the product is replaced (or equivalent). In the event of a dispute with the Administrator, you may contact the State of Connecticut, Insurance Department: P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the product, the cost of repair of the product, and a copy of the warranty contract. If Administrator fails to pay or to provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to submit a claim directly to Wesco Insurance Company, who insures the Administrator's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038.

FLORIDA only: The obligor and administrator under this plan is Technology Insurance Company. If you cancel this Plan, you will receive a refund equal to 90% of the unearned pro rata purchase price of the Plan, less any claims that have been paid. If we cancel this Plan, you will receive one hundred percent (100%) of the unearned pro rata purchase price of the Plan.

GEORGIA only: You may cancel this agreement at any time by notifying Administrator in writing or by surrendering the Service Contract to Administrator, whereupon Administrator will refund the unearned pro rata purchase price based on the time remaining on the request for cancellation. The Administrator is also entitled to cancel this contract at any time based upon fraud, misrepresentation, nonpayment of fees by you, or non-renewal. All Contracts with the following Exclusion: ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT, is hereby amended with respect to Georgia contract holders as follows: WHAT IS NOT COVERED: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN TO YOU OR REASONABLY SHOULD HAVE BEEN KNOWN TO YOU, THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT. All Contracts with the following Disclosure: NOTE: THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS, is hereby amended with respect to Georgia contract holders as follows: NOTE: COVERAGE UNDER THIS AGREEMENT MAY BE DENIED IF YOU MAKE UNAUTHORIZED REPAIRS Procedures for cancellation of this service agreement will comply with section 33-24-44 of the Georgia code. Administrator may cancel this service agreement upon thirty (30) days written notice to you. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Administrator, the claim can be submitted to Wesco Insurance Company, who insures the Administrator's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038.

HAWAII only: You may return this Plan within thirty (30) days of the date this Plan was provided to you, or within twenty (20) days if the Plan was delivered to you at the time of sale. If you made no claim, the Plan is void and the full purchase price will be refunded to you. The Administrator will pay a penalty of ten (10) percent on a refund that is not paid or credited within forty-five (45) days after return of the Plan to the Administrator. These provisions apply only to the original purchaser of the Plan. In the event Administrator cancels the Plan, Administrator will mail a written notice to you at your last known address at least 5 days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by you relating to the covered property or its use, or a substantial breach of your duties relating to the covered product or its use. Obligations of the Provider under this Plan are insured by: Wesco Insurance Company, 59 Maiden Lane, New York, NY 10038. If you have a question or complaint, you may contact the Insurance Commissioner, Hawaii Insurance Division, PO Box 3614, Honolulu, Hawaii, 96811.

ILLINOIS only: The Administrator, AMT Warranty Corp. (and not the dealer or manufacturer), is the obligor of this service agreement in the State of Illinois. The Administrator will pay the cost of covered parts and labor necessary to restore the product(s) to normal operating condition as a result of covered or mechanical component failure due to normal wear and tear. You may cancel this Plan at any time. If you cancel this Plan within the first thirty (30) days of purchase and if no service has been provided to you, you shall receive a full refund of the purchase price less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). If you cancel this Plan at any other time or if you cancel after service has been provided to you, you shall receive a refund equal to the pro rata purchase price less the value of any service received and less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). If Administrator fails to pay or to provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to submit a claim directly to Wesco Insurance Company, which insures the obligor's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038

INDIANA only: If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Administrator, the claim can be submitted to Wesco Insurance Company, who insures the Administrator's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038.

KANSAS only: This plan is not an insurance policy. With respect to Kansas contract holders, the obligor under this Plan is the Dealer.

KENTUCKY only: If processing of a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Administrator, the claim may be submitted to Wesco Insurance Company, which insures the Administrator's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038.

MAINE: With respect to Maine contract holders, the Obligor under this Plan is the Dealer.

MICHIGAN: With respect to Michigan contract holders, the Obligor under this Plan is the Dealer.

MISSOURI: With respect to Missouri contract holders, the Obligor under this Plan is the Dealer.

NEVADA only: This service agreement / plan is not an insurance policy. This contract does not provide replacement or service coverage for failures or breakdowns arising from pre-existing conditions, or for any form of consequential damages. There is no deductible for service or replacement claims under this contract. This service agreement may be renewed. This service agreement is also transferable. The cancellation provision in your Plan is deleted and replaced with the following: This service contract is void, and we will refund to you the purchase price of the contract, if no service or replacement claim has been made and you return the contract within 20 days after the date we mailed to you or otherwise sent to you these terms and conditions, or within 10 days we furnished you with a copy of these terms and conditions when this contract was purchased. We will refund to you the purchase price of this contract within 45 days after it has been returned to us. If the provider does not refund the purchase price within 45 days, the provider will pay the purchaser a penalty of 10 percent of the purchase price for each 30-day period that the refund remains unpaid. You may also cancel this Plan at any other time and receive a refund equal to the pro rata purchase price. These provisions apply only to the original purchaser of the Plan. We may not cancel this contract once it has been in effect for seventy (70) days, except for the following conditions: failure to pay the service contract purchase price; the contract holder being convicted of a crime which results in an increase in the service required under this contract; discovery of fraud or material misrepresentation perpetrated by you in purchasing this contact or obtaining service; the discovery of an act or omission, or a violation of any condition of the this contract by you which substantially and materially increases the service requested under the contract; or a material change in the nature or extent of the service required under the Plan which occurs after the purchase of this contract, and substantially and materially increases the service required beyond that contemplated at the time of purchase. With respect to each product covered under this contract, the Administrator and/or Obligor liability is limited to the original retail purchase price you paid for such product. We may not cancel this service contract until at least fifteen (15) days written notice has been mailed to you. Obligations under this service contract are insured under a contractual liability insurance policy issued by Wesco Insurance Company, 59 Maiden Lane, New York, NY 10038.

MISSOURI: With respect to Missouri contract holders, the Obligor under this Plan is the Dealer

NEW HAMPSHIRE only: In the event you do not receive satisfaction under this Plan, you may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301, (800) 852-3416. The Administrator's obligations under the Contract are insured by a policy of insurance issued by Wesco Insurance Company, 59 Maiden Lane, New York, NY 10038. In the event any covered service is not paid within sixty (60) days after proof of loss has been filed or the Administrator ceases to do business or goes bankrupt, you may apply directly to the insurer at the above address.

NEW JERSEY: With respect to New Jersey contract holders, the Obligor under this Plan is the Dealer.

NEW MEXICO only: You may return this Contract within ninety (90) days of the date this Contract was provided to you. If you made no claim, the contract is void and the full purchase price will be refunded to you. The Administrator will pay a penalty of ten (10%) percent per month on a refund that is not made within sixty (60) days of the return of the Contract. These provisions apply only to the original purchase of the Contract. The Administrator may not cancel this Contract once it has been in effect for seventy (70) days except for the following conditions: failure to pay an amount when due; the conviction of you in a crime that results in an increase in the service required under the service contract; fraud or material misrepresentation by you in purchasing the Contract or in obtaining service; or the discovery of an act or omission, or a violation of any condition of the Contract by you which substantially and materially increases the service required under the Contract. If Administrator cancels this Contract, We will mail a written notice to you at your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The Administrator is not required to mail you written notice if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by you relating to the covered property or its use.

NEW YORK only: You may return this Plan within twenty (20) days of the date this Plan was provided to you, or within ten (10) days if the Plan was delivered to you at the time of sale. If you made no claim, the Plan is void and the full purchase price will be refunded to you. The Administrator will pay a penalty of ten (10) percent per month on a refund that is not made within thirty (30) days of return of the Plan to the Administrator. These provisions apply only to the original purchaser of the Plan. In the event we cancel this Plan, we will mail a written notice to you at your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. Administrator is not required to mail you written notice if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by you relating to the covered property or its use. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Administrator, the claim can be submitted to Wesco Insurance Company, who insures the Administrator's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038.

NORTH CAROLINA only: The purchase of a Plan is not required in order to obtain financing. The Administrator may not cancel this Plan except for nonpayment by you, or in violation of any of the terms and conditions of this contract. If you cancel your Plan, you will receive a pro rata refund, less the cost of any claims paid and less a cancellation fee of ten percent (10%) of the amount of the refund. Obligations under this Plan are insured by: Wesco Insurance Company, 59 Maiden Lane, New York, NY 10038. With respect to North Carolina contract holders, the Obligor under this Plan is the Dealer.

OKLAHOMA only: The obligor under this plan is the service contract Administrator. In the event you cancel this Plan, you shall receive a refund equal to ninety percent (90%) of the unearned pro rata purchase price. In the event the Administrator cancels this Plan, you shall receive a refund equal to one hundred percent (100%) of the unearned pro rata purchase price, less the cost of any service received. This plan is administered by AMT Warranty Corp.

PENNSYLVANIA: With respect to Pennsylvania contract holders, the Obligor under this Plan is the Dealer.

SOUTH CAROLINA only: In order to prevent damage to the covered product, please refer to the owner's manual. This agreement does not provide coverage for pre-existing conditions. This agreement does not cover repair and replacement necessitated by loss or damage resulting from 1) any cause other than normal use and operation of the product in accordance with manufacturer's specifications and/or owner's manual, or 2) failure to use reasonable means to protect your product from further damage after a breakdown or performance failure occurs. You may return this agreement within twenty (20) days of the date this agreement was provided to you, or within ten (10) days if the agreement was delivered to you at the time of sale. If you made no claim, the Agreement is void and the full purchase price will be refunded to you. The Administrator will pay a penalty of ten (10) percent per month on a refund that is not made within forty-five (45) days of return of the agreement to the Administrator. These provisions apply only to the original purchaser of the agreement. In the event the Administrator cancels this agreement, Administrator will mail a written notice to you at your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. Administrator is not required to mail you written notice if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by you relating to the covered property or its use. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Administrator, the claim can be submitted to Wesco Insurance Company, which insures the Administrator's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038. In the event you have a question or complaint, you may contact the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina, 29202-3105, Telephone (803) 737-6134.

TEXAS only: You may return this Plan within twenty (20) days of the date this Plan was provided to you, or within ten (10) days if the Plan was delivered to you at the time of sale. If you made no claim, the Plan is void and the full purchase price will be refunded to you. The Administrator will pay a penalty of ten (10) percent of the amount outstanding per month on a refund that is not made within forty- five (45) days. These provisions apply only to the original purchaser of the Plan. In the event we cancel the Plan, we will mail a written notice to you at your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by you relating to the covered property or its use, or a substantial breach of your duties relating to the covered product or its use. Obligations of the provider under this service contract are insured under a service contract reimbursement policy. In the event a covered service is not provided by the Administrator within sixty (60) days after proof of loss has been filed with the Administrator, the claim can be submitted to Wesco Insurance Company, 59 Maiden Lane, New York, NY 10038. 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 Regulations, PO Box 12157, Austin TX 78711, telephone number 1-512-463-2906 or 1-800-803-9202.

UTAH only: If we may cancel this agreement by providing you with (30) days' written notice for the following reasons only: fraud, material misrepresentation, substantial change in the risk assumed, unless we should reasonably have foreseen the change or contemplated the risk when entering into the contract. We may cancel this agreement by providing you with ten (10) days written notice if the reason for cancellation is non-payment by you. This Contract does not provide coverage for pre-existing conditions or any product that is subject to neglect, abuse or damage prior to issuance of the Contract. If in an emergency situation and Administrator cannot be reached the customer can proceed with repairs. Administrator will reimburse the customer or the repairing facility in accordance with the Contract provisions. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Administrator, the claim can be submitted to Wesco Insurance Company, who insures the Administrator's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038. Coverage afforded under the plan is not guaranteed by the Property and Casualty Guaranty Association.

VERMONT only: You may return this Plan within twenty (20) days of receipt and, if no claim for service has been made, receive a full refund of the purchase price. The provider's obligations under this Plan are supported by a contractual liability insurance policy. Upon failure of the provider to perform under the contract, the insurer which issued the policy shall pay on behalf of the provider any sums the provider is legally obligated to pay and shall provide the service which the provider is legally obligated to perform according to the provider's contractual obligations under the service contracts issued or sold by the provider. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the provider, the claim can be submitted to Wesco Insurance Company, who insures the provider's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038.

WASHINGTON only: You may return this Plan within twenty (20) days of the date this Plan was provided to you, or within ten (10) days if the Plan was delivered to you at the time of sale. If you made no claim, the Plan is void and the full purchase price will be refunded to you. The Administrator will pay a penalty of ten (10) percent per month on a refund that is not paid or credited within thirty (30) days after the return of the Plan to the Administrator. These provisions apply only to the original purchaser of the Plan. In the event Administrator cancels the Plan, Administrator will mail a written notice to you at your last known address at least twenty-one (21) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. You may make a claim directly with Wesco Insurance Company, who insures the Administrator's obligations under this Plan, at the following address: 59 Maiden Lane, New York, NY 10038.

WISCONSIN only: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Administration, the claim can be submitted to Wesco Insurance Company, who insures the Administrator's obligations under this agreement, at the following address: 59 Maiden Lane, New York, NY 10038. This service contract may be cancelled by the purchaser within fifteen (15) days of the date of purchase for a full refund less actual administrative costs associated with issuance and cancellation. Administrator shall return one hundred percent (100%) of the purchase price, less an administrative fee of ten percent (10%) of the Service Plan price up to twenty-five dollars ($25.00). Lack of pre-authorization shall be the sole grounds for a claim denial - however, unauthorized repairs may not be covered if evaluated to have been at unreasonable expense

WYOMING only: You may return this Plan within twenty (20) days of the date this Plan was provided to you, or within ten (10) days if the Plan was delivered to you at the time of sale. If you made no claim, the Plan is void and the full purchase price will be refunded to you. The Administrator will pay a penalty of ten (10) percent on a refund that is not paid or credited within forty-five (45) days after return of the Plan to the Administrator. These provisions apply only to the original purchaser of the Plan. In the event Administrator cancels the Plan, Administrator will mail a written notice to you at your last known address at least ten (10) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by you relating to the covered property or its use, or a substantial breach of your duties relating to the covered product or its use. Obligations under this Plan are insured by: Wesco Insurance Company, 59 Maiden Lane, New York, NY 10038.

CANCELLATION: You may cancel this Service Agreement at any time. To arrange for cancellation of this Service Agreement, call Us at 800-397-5975 toll-free. The refund amount of the Service Agreement price will be prorated based on the remaining contract term minus any claims that have been paid or pending. Cancellation by Us will be done in accordance applicable state laws and regulations.

ENTIRE CONTRACT: This Service Agreement sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms.