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TERMS AND CONDITIONS
<br />of this Agreement if You fail to pay the purchase price of this
<br />Agreement or for any material misrepresentation or fraud, We will
<br />provide written notice, stating the specific grounds for cancellation, to
<br />You at Your last known address. This Agreement will no longer be
<br />valid five days after the postmark date of the notice. If any refund is
<br />owed, a Pro Rata Refund will be issued to You or Your lender within
<br />thirty days of the cancellation date. If We cancel this Agreement for
<br />any of the reasons stated above, We will honor any claims for repair or
<br />reimbursement if submitted to Us prior to the effective date of
<br />cancellation, if eligibility requirements are met,
<br />13. DISPUTE RESOLUTION & ARBITRATION - Either You or We may
<br />choose to have any dispute related to this Agreement, or the
<br />Application decided by non-binding arbitration administered by the
<br />Better Business Bureau (BBB). To learn about or begin arbitration, or
<br />get a copy of the Arbitration Rules, You may contact BBB at
<br />800-955-5100 or www.auto.bbb.org/ extendedservlceplan. We will pay
<br />Your reasonable arbitration fees and expenses that are in excess of
<br />$125. .
<br />You may employ an attorney to represent You in the Arbitration, but an
<br />attorney is not required. We will not pay Your attorney fees If You use
<br />an attorney, If We request arbitration, We will pay the arbitration filing
<br />fee,
<br />This Agreement is subject to California law applicable to consumer
<br />contracts and the California Arbitration Act (CCP section 1280 at.
<br />sec.). Any arbitration decision shall be in writing with a supporting
<br />opinion.
<br />14.7. CONNECTICUT:
<br />5. WHAT THIS AGREEMENT COVERS: If Your Vehicle is in Our
<br />custody being repaired, the coverage under this Agreement will be
<br />extended until the repair to Your Vehicle is complete if this Agreement
<br />expires within one year of purchase pursuant to the Application section
<br />titled "COVERAGE TERM AND COST.
<br />8A. WHERE TO GO FOR REPAIRS: (3) In house service is not
<br />provided under this Agreement, You are responsible for any costs to
<br />transport the covered Vehicle for service that exceed the towing
<br />allowances referenced in Section 6A, of this Agreement.
<br />12A (6). YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A
<br />REFUND: This Agreement is cancelable if the covered Vehicle is
<br />returned, sold, lost, stolen, or destroyed.
<br />3. DISPUTE RESOLUTION & ARBITRATION: If You purchased this
<br />Agreement in Connecticut, You may pursue arbitration to settle
<br />disputes between You and Us, You may mail your complaint to: State
<br />of Connecticut, Insurance Department, P,O. Box 816, Hartford, CT
<br />06142-0816, Attention: Consumer Affairs. The written complaint must
<br />describe the dispute, identify the price of the product and cost of repair,
<br />and include a copy of this Agreement,
<br />14.8. FLORIDA:
<br />2C. FRAUDULENT CLAIM NOTICE: Under the Code, any people who,
<br />with the intent to Injure, defraud or deceive any insurer, knowingly files
<br />an application for coverage or a statement of claim that contains false,
<br />Incomplete or misleading Information is guilty of a felony of the third
<br />degree.
<br />2D. FLORIDA OFFICE OF INSURANCE REGULATION: The Florida Office
<br />of Insurance Regulation does not regulate the rates charged for
<br />any plans sold pursuant to this Agreement. The Florida Office of
<br />Insurance Regulation does not regulate Maintenance plans.
<br />Maintenance plan coverage Is optional and may only be
<br />purchased In conjunction with the purchase of a motor vehicle
<br />service agreement plan. The purchase price of a Maintenance
<br />plan must be disclosed separate and apart from the premium of a
<br />motor vehicle service agreement pian.
<br />4. DEDUCTIBLES, STANDARD AND OPTIONAL: In the event You have
<br />purchased the Disappearing Deductible option and Your Selling Dealer is no
<br />longer in business, You may take Your vehicle to any Ford or Lincoln
<br />dealership for repair or service and Your Disappearing Deductible will be
<br />honored.
<br />11A. TRANSFERABILITY: You may transfer the remaining coverage of the
<br />Vehicle under this Agreement, if You pay Us a $40 transfer fee and if You or if
<br />the transferee of this Agreement initiates the transfer process and provides the
<br />following items to any Ford or Lincoln Dealership or Us at P,O. Box 6045,
<br />Dearborn, Michigan 48121 within 180 days of the vehicle sale:
<br />(1) a letter, signed by You, transferring this Agreement to the transferee;
<br />(11) a statement of the mileage on the Vehicle at the time of transfer; and
<br />(iii) the name and address of the transferee;
<br />You may not transfer coverage If the Vehicle becomes a Branded Vehicle
<br />or Is repossessed. Transferred Agreements may not be cancelled.
<br />12. CANCELLATION AND REFUND
<br />(A) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A
<br />REFUND: If We or the Selling Dealer receive a written cancellation request,
<br />Including a copy of Your Application, proof of payment and statement of the
<br />odometer reading, on or before the 60th day from the Signature Date, We will
<br />cancel this Agreement and refund the purchase price You paid under this
<br />Agreement. If We or the Selling Dealer receive a written cancellation request,
<br />Including a copy of Your Application, proof of payment and statement of the
<br />odometer reading, after the 60th day from the Signature Date, You will receive
<br />a refund of not less than 90% of the unearned pro rata premium paid under
<br />this Agreement, If You have financed this Agreement, (a) any refund due
<br />under this Agreement will be made payable to the lienholder, up to the amount
<br />of the lien; and (b) only that portion of a refund due under this Agreement in
<br />excess of the amount of the lien will be paid to You. If this Agreement was not
<br />financed, any refund due under this Agreement will be paid by check Issued In
<br />Your name. You may not cancel the options You purchased without canceling
<br />the entire Agreement and We will not charge You a cancellation processing
<br />fee. If this Agreement expires under the time or mileage limitations, You are
<br />not entitled to a refund,
<br />(B) OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A
<br />REFUND: We may cancel this Agreement within 60 days from this
<br />Agreement's Signature Date for any reason. After 60 days from this
<br />Agreement's Signature Date, We may cancel this Agreement only for the
<br />following reasons: a) If You failed to pay the purchase price for this Agreement
<br />(in which case We must provide you notice of cancellation by certified mall); b)
<br />If You materially misrepresented any fact or circumstance to Us at the time of
<br />sale of this Agreement; c) If You substantially breached Your duties under this
<br />Agreement to maintain or use the Vehicle as prescribed by the Manufacturer;
<br />d) You failed to repair a tampered or disabled odometer on the Vehicle. If We
<br />cancel this Agreement, We will make a refund of not less than one hundred
<br />percent (100%) of the unearned gross amount that You paid for this
<br />Agreement (equally prorated basis) and We will not charge You a
<br />cancellation processing fee,
<br />13. DISPUTE RESOLUTION & ARBITRATION - If the parties fall to agree on
<br />any matter concerning this Agreement or the Application or You allege
<br />damages under this Agreement or Chapter 634 of the Florida Statutes, then
<br />the matter shall be submitted to arbitration upon the written demand of either
<br />party. The parties may contact the Better Business Bureau (BBB) at
<br />1-800-955-5100 or www,auto,bbb.org/ extendedserviceplan to learn about or
<br />begin arbitration. The arbitrator's decisions shall be nonbinding on You and
<br />Us, unless both parties mutually agree to accept the arbitrator's decision as
<br />final. No suit shall be commenced in a federal, state or local court until such
<br />time as both You and We first address our disagreement in an arbitration
<br />proceeding pursuant to this Section 13. Each claim must be arbitrated
<br />individually. If there is a conflict between the Rules and this Agreement, this
<br />Agreement shall govern,
<br />We will pay Your reasonable arbitration fees and expenses that are in excess
<br />of $125, You may employ an attorney to represent You in the Arbitration, but
<br />an attorney is not required. We will not pay Your attorney fees If You use an
<br />attorney, If We request arbitration, We will pay the arbitration filing fee. This
<br />Agreement is subject to the Federal Arbitration Act (9 U.S,C. section 1 at.
<br />seq,) and the arbitration decision shall be in writing with a supporting opinion,
<br />14.9. ILLINOIS:
<br />5. WHAT THIS AGREEMENT COVERS: Unless specifically provided in
<br />this Agreement, this Agreement does not cover "wear and tear . 12(A)(1)
<br />&(2): YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A
<br />REFUND: If the Selling Dealer receives a written cancellation request,
<br />including a copy of Your application, proof of payment and statement of the
<br />odometer reading, on or before the 30th day from the Signature Date and no
<br />claims have been filed under this Agreement, the Selling Dealer will cancel
<br />this Agreement and refund the purchase price less a cancellation processing
<br />fee, not to exceed 10% of the Agreement purchase price or $50, whichever is
<br />less. If the Selling Dealer receives a written cancellation request, including a
<br />copy of Your application, proof of payment and statement of the odometer
<br />reading, after the 30th day or a claim has been filed at any time during the
<br />term of this Agreement from the Signature Date, the Selling Dealer will divide
<br />the purchase price You paid for the Agreement by the number of miles or
<br />months of coverage provided by this Agreement, whichever is greater. The
<br />Selling Dealer will multiply this dollar amount by the remaining unused miles
<br />or months, whichever is less, and refund this amount ("Pro -Rata basis") to
<br />You or Your lender, and a cancellation processing fee that is the lesser of
<br />10% of the Agreement purchase price or $50 for each plan cancelled.
<br />14.10. INDIANA:
<br />2C. PROOF OF PAYMENT - Your proof of payment to the Selling
<br />Dealer, Administrator or Service Contract Provider constitutes proof of
<br />payment to the Insurer listed In provision I.D. of this Agreement.
<br />20. This service contract is not insurance and not subject to Indiana
<br />FPLP 8240 -Nat App/Provs W/Key(July 17) (Previous Editions May Not be Used) Page 8 of 12
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