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TERMS AND CONDITIONS
<br />not to consolidate or group Your dispute with other arbitration or
<br />disputes concerning this Agreement or Application,
<br />You agree that You will not participate in any class arbitration
<br />concerning this Agreement or Application. We do not agree to class
<br />arbitration. To learn about or begin arbitration, or get a copy of the
<br />Arbitration Rules, You may contact BBB at 800-955-5100 or www.auto,
<br />bbb.org/extendedserviceplan. If there is a conflict between the Rules
<br />and this Agreement, this Agreement shall govern. If You initiate the
<br />arbitration process, BBB will charge You an arbitration filing fee of $50.
<br />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
<br />use an attorney. This Agreement is subject to the Federal Arbitration
<br />Act, 9 U.S.C. §§1 et seq. The arbitration decision shall be in writing
<br />with a supporting opinion.
<br />14. STATE SPECIFIC PROVISIONS: The following provisions
<br />are applicable In the states set forth below and modify only
<br />those specific terms referenced. All other terms and conditions
<br />are unchanged.
<br />14.1 For Agreements in ALABAMA, ALASKA, HAWAII,
<br />MAINE, MINNESOTA, MISSOURI, NEW JERSEY, NEW
<br />MEXICO, SOUTH CAROLINA, TEXAS, AND WISCONSIN:
<br />12A. (6) YOUR RIGHT TO CANCEL THIS AGREEMENT AND
<br />RECEIVE A REFUND: In New Mexico, if You have not received your
<br />refund amount within sixty (60) days of your cancellation request, and
<br />within forty five (45) days of Your cancellation request in AL, AK, HI,
<br />ME, MN, MO, NJ, SC, TX, and WI You are entitled to receive ten
<br />percent (10%) of the refund amount outstanding for every month that
<br />the refund is delayed.
<br />14.2 For Agreements in ALABAMA, ALASKA, HAWAII,
<br />MAINE, MINNESOTA, MISSOURI, NEW JERSEY, NEW
<br />MEXICO, SOUTH CAROLINA, TEXAS AND VERMONT:
<br />12A. (1) YOUR RIGHT TO CANCEL THIS AGREEMENT AND
<br />RECEIVE A REFUND: If the Selling Dealer receives a written
<br />cancellation request, Including a copy of Your Application, proof of
<br />payment and statement of the odometer reading, on or before the 30th
<br />day from the Signature Date and no claims have been filed under this
<br />Agreement, the Selling Dealer will cancel this Agreement and refund
<br />the purchase price You paid for this Agreement.
<br />14.3 For Agreements In HAWAII, MINNESOTA, MISSOURI,
<br />MONTANA, NEW JERSEY, NORTH CAROLINA, SOUTH
<br />CAROLINA AND TEXAS: 12B. OUR RIGHT TO CANCEL THIS
<br />AGREEMENT AND PROVIDE A REFUND: In HI, MN, MT, NO, NJ
<br />and TX, We may cancel this Agreement within 5 days prior written
<br />notice and 15 days prior written notice in MO, NJ and SC when sent
<br />to You at Your last known address, Prior written notice Is not
<br />required if cancellation is for any of the following reasons:
<br />(a) You failed to pay the purchase price of this Agreement;
<br />(b) You materially misrepresented any fact or circumstance to Us; or
<br />(c) You substantially breached Your duties under this Agreement regarding the
<br />Ve-hicle or its use.
<br />14.04. ALABAMA:
<br />12A. (1) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A
<br />REFUND: If You have not made a claim, and the Selling Dealer did not
<br />receive notice of cancellation within 30 days from the date the Selling Dealer
<br />mailed or delivered this Agreement to You, We will charge You a. cancellation
<br />processing fee not to exceed $25.
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A
<br />REFUND: We may cancel this Agreement with five (5) days prior written
<br />notice sent to You at Your last known address. Prior written notice is not
<br />required if cancellation is for any of the following reasons: a) You failed to pay
<br />the purchase price for this Agreement; or b) You materially misrepresented
<br />any fact or circumstance to Us.
<br />14.05 ALASKA:
<br />12. CANCELLATION AND REFUND (A) YOUR RIGHT TO CANCEL THIS
<br />AGREEMENT AND RECEIVE A REFUND: (2) If the Selling Dealer receives
<br />a written cancellation request, including a copy of Your Application, proof of
<br />payment and statement of the odometer reading, after the 30th day or a claim
<br />has been filed at any time during the term of this Agreement from the
<br />Signature Date the Selling Dealer will divide the purchase price You paid for
<br />the Agreement by the number of miles or months of coverage provided by this
<br />Agreement, whichever is greater. The Selling Dealer will multiply this dollar
<br />amount by the remaining unused miles or months, whichever is less, and
<br />refund this amount ("Pro Rata basis ) to You or Your lender, minus a
<br />cancellation processing fee equal to the lesser of 7.0% or $75,00.
<br />12 (B). OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A
<br />REFUND: We may cancel this Agreement within five days of written notice
<br />sent to You at Your last known address. Prior written notice is not required if
<br />cancellation is for any of the following reasons: (a) You failed to pay the
<br />purchase price of this Agreement; or (b) You materially misrepresented any
<br />fact or circumstance to Us. If We cancel this Agreement, We will refund the
<br />purchase price on a Pro Rata basis. If We provided this Agreement at no cost,
<br />You are not entitled to a refund,
<br />14.6. CALIFORNIA:
<br />1A. CALIFORNIA LICENSE NUMBER DISCLOSURE: THE CALIFORNIA
<br />LICENSE NUMBER OF FORD MOTOR SERVICE COMPANY IS OC41369.
<br />1E. CALIFORNIA DEPARTMENT OF INSURANCE CONTACT
<br />INFORMATION: If any promise made in this contract has been denied or has
<br />not been honored within 60 days after Your request, You may contact the
<br />California Department of Insurance at 1-800-927-4357 or access the
<br />department s Internet website (www.insuranceca.gov),
<br />2C. SALES TAX: Sales tax is not applicable in California.
<br />6A (2) and 6B (2) EMERGENCY TRAVEL EXPENSE REIMBURSEMENT: If
<br />Your Vehicle is disabled 100 or more miles from Your residence as a result
<br />of a mechanical Failure covered by this Agreement or the New Vehicle
<br />Limited Warranty, We will reimburse You up to $500 for the actual
<br />Emergency Travel Expenses You incur within the first 72 hours following the
<br />disablement.
<br />6A (3) and 6B (3) DESTINATION ASSISTANCE: If Your Vehicle is inoperable
<br />because of a Failure covered by this Agreement or the New Vehicle Limited
<br />Warranty and You require transportation to Your destination, We will
<br />reimburse Your transportation costs up to $75.
<br />7. WHAT IS NOT COVERED BY THIS AGREEMENT
<br />q. Repairs made to the Vehicle that are required due
<br />to a condition that existed prior to the purchase of
<br />this Agreement.
<br />8D. CLAIMS APPROVAL: A valid claim will not be denied based solely on a
<br />failure to obtain claim approval before commencing the repair if the repair
<br />facility reasonably attempted to obtain approval.
<br />9. YOUR RESPONSIBILITIES FOR CARE OF THE VEHICLE: To obtain
<br />coverage or reimbursement under this Agreement, You must: (1) properly
<br />operate and maintain the Vehicle, and (11) provide proof of Scheduled
<br />Maintenance Services when the Failure appears to be directly related to
<br />the lack of required or recommended maintenance for Your Vehicle as
<br />outlined In the Owner's or Scheduled Maintenance Guide. Proof of
<br />Scheduled Maintenance Services Includes maintenance records that
<br />show mileage, date of maintenance service, VIN and the maintenance
<br />that was performed. Scheduled Maintenance Services require periodic
<br />service checks based on mileage Intervals and the make and model of
<br />Your Vehicle. Please review the Owner's Guide for Your Scheduled
<br />Maintenance Service requirements that are provided to You at the time of
<br />vehicle purchase. If You perform Your own Scheduled Maintenance
<br />Services, You must maintain a log including date, mileage and
<br />description of each maintenance service and provide corresponding
<br />receipts for purchases of parts and fluids.
<br />12A. (1) (A) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE
<br />A REFUND: If the Selling Dealer receives a written cancellation
<br />request, Including a copy of Your Application, proof of payment and
<br />statement of odometer reading, on or before the 60th day from the
<br />Signature Date and no claims have been filed under this Agreement,
<br />the Selling Dealer will cancel this Agreement and refund the purchase
<br />price You paid for this Agreement.
<br />(1) (B) If the Selling Dealer receives a written cancellation request,
<br />including a copy of Your application, proof of payment and statement of
<br />the odometer reading, on or before the 60th day from the Signature
<br />date and a claim has been filed under this Agreement, the Selling
<br />Dealer will divide the purchase price You paid for this Agreement by
<br />the number of miles or months of coverage provided by this
<br />Agreement, whichever is greater. The Selling Dealer will multiply this
<br />dollar amount by the remaining unused months or miles, whichever is
<br />greater, and refund this amount ("Pro Rata" basis) to You or Your
<br />lender,
<br />(2) If the Selling Dealer receives a written cancellation request,
<br />Including a copy of Your Application, proof of payment and statement
<br />of the odometer reading, after the 60th day from the Signature Date
<br />the Selling Dealer will divide the purchase price You paid for the
<br />Agreement by the number of miles or months of coverage provided by
<br />this Agreement, whichever is greater. The Selling Dealer will Issue a
<br />Pro Rata refund to You or Your lender, minus a cancellation
<br />processing fee equal to the lesser of $25 or 10% of the purchase
<br />price.
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A
<br />REFUND: We may cancel this Agreement at any time during the term
<br />FPLP 8240 -Nat App/Provs W/Key(July 17) (Previous Editions May Not be Used) Page 7 of 12
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