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TERMS AND CONDITIONS
<br />You may employ an attorney to represent You in the Arbitration , but an attorney is
<br />not required . We will not pay Your attorney fees if You use an attorney. If We
<br />request arbitration, We will pay the arbitration filing fee. This Agreement is subject
<br />to California law applicable to consumer contracts and the California Arbitration Act
<br />(CCP section 1280 et. seq .). Any arbitration decision shall be in writing with a
<br />supporting opinion.
<br />14.07. CONNECTICUT:
<br />5 . WHAT THIS AGREEMENT COVERS: If Your Vehicle is in Our custody being
<br />repaired, the coverage under this Agreement will be extended until the repair to
<br />Your Vehicle is complete if this Agreement expires within one year of purchase
<br />pursuant to the Application section titled "COVERAGE TERM AND COST".
<br />SA. WHERE TO GO FOR REPAIRS: (3) In house service is not provided under this
<br />Agreement. You are responsible for any costs to transport the covered Vehicle for
<br />service that exceed the towing allowances referenced in Section 6A. of this
<br />Agreement.
<br />12A (6). YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
<br />This Agreement is cancelable if the covered Vehicle is returned, sold, lost, stolen, or
<br />destroyed.
<br />13. DISPUTE RESOLUTION & ARBITRATION: If You purchased this Agreernent in
<br />Connecticut, You may pursue arbitration to settle disputes between You and Us.
<br />You may mail your complaint to: State of Connecticut, Insurance Department, P.O .
<br />Box 816, Hartford, CT 06142-0816, Attention: Consumer Affairs. The written
<br />complaint must describe the dispute, identify the price of the product and cost of
<br />repair, and include a copy of this Agreement.
<br />14.0S. FLORIDA:
<br />2C. FRAUDULENT CLAIM NOTICE: Under the Code, any people who, with the
<br />intent to injure, defraud or deceive any insurer, knowingly files an application for
<br />coverage or a statement of claim that contains false , incomplete or misleading
<br />information is gUilty of a felony of the third degree.
<br />20. FLORIDA OFFICE OF INSURANCE REGULATION: The Florida Office of
<br />Insurance Regulation does not regulate the rates charged for any plans sold
<br />pursuant to this Agreement. The Florida Office of Insurance Regulation does
<br />not regulate Maintenance plans. Maintenance plan coverage is optional and
<br />may only be purchased in conjunction with the purchase of a motor vehicle
<br />service agreement plan. The purchase price of a Maintenance plan must be
<br />disclosed separate and apart from the premium of a motor vehicle service
<br />agreement plan.
<br />4. DEDUCTIBLES, STANDARD AND OPTIONAL: In the event You have purchased
<br />the Disappearing Deductible option and Your Selling Dealer is no longer in
<br />business, You may take Your vehicle to any Ford or Lincoln dealership for repair or
<br />service and Your Disappearing Deductible will be honored.
<br />11A. TRANSFERABILITY: You may transfer the remaining coverage of the Vehicle
<br />under this Agreement, if You pay Us a $40 transfer fee and if You or if the transferee
<br />of this Agreernent initiates the transfer process and provides the following items to
<br />any Ford or Lincoln Dealership or Us at P.O. Box 6045, Dearborn, Michigan 48121
<br />within 60 days of the vehicle sale :
<br />(i) a letter, signed by You, transferring this Agreement to the transferee;
<br />(ii) 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 or is
<br />repossessed. Transferred Agreements may not be cancelled.
<br />12. CANCELLATION AND REFUND
<br />(A) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND: If We
<br />or the Selling Dealer receive a written cancellation request, including a copy of Your
<br />Application, proof of payment and statement of the odometer reading, on or before
<br />the 60th day from the Signature Date, We will cancel this Agreement and refund the
<br />purchase price You paid under this Agreement. If We or the Selling Dealer receive a
<br />written cancellation request, including a copy of Your Application, proof of
<br />payment and statement of the odometer reading, after the 60th day from the
<br />Signature Date, You will receive a refund of not less than 90% of the unearned pro
<br />rata premium paid under this Agreement. If You have financed this Agreement, (a)
<br />any refund due under this Agreement will be made payable to the lienholder, up to
<br />the amount of the lien; and (b) only that portion of a refund due under this
<br />Agreement in excess of the amount of the lien will be paid to You. If this Agreernent
<br />was not financed, any refund due under this Agreement will be paid by check
<br />issued in Your name. You may not cancel the options You purchased without
<br />canceling the entire Agreement and We will not charge You a cancellation
<br />processing fee. If this Agreement expires under the time or mileage limitations, You
<br />are not entitled to a refund.
<br />(B) OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: We may
<br />cancel this Agreement within 60 days from this Agreement's Signature Date for any
<br />reason . After 60 days from this Agreement's Signature Date, We may cancel this
<br />Agreement only for the following reasons : a) If You failed to pay the purchase price
<br />for this Agreement (in which case We must provide you notice of cancellation by
<br />certified mail); b) If You materially misrepresented any fact or circumstance to Us at
<br />the time of sale of this Agreement; c) If You substantially breached Your duties
<br />under this Agreement to maintain or use the Vehicle as prescribed by the
<br />ESP 8240-Nat App/Provs (Oct 15) (Previous Editions May Not be Used)
<br />Manufacturer; d) You failed to repair a tarnpered or disabled odometer on the
<br />Vehicle. If We cancel this Agreement, We will make a refund of not less than one
<br />hundred percent (100%) of the unearned gross amount that You paid for this
<br />Agreement (equally prorated basis) and We will not charge You a cancellation
<br />processing fee.
<br />13. DISPUTE RESOLUTION & ARBITRATION -If the parties fail to agree on any
<br />matter concerning this Agreement or the Application or You allege damages under
<br />this Agreement or Chapter 634 of the Florida Statutes, then the matter shall be
<br />submitted to arbitration upon the written demand of either party. The parties may
<br />contact the Better Business Bureau (BBB) at 1-800-955-5100 or www.auto.bbb.org/
<br />extendedserviceplan to learn about or begin arbitration. The arbitrator's decisions
<br />shall be non binding on You and Us, unless both parties mutually agree to accept
<br />the arbitrator's
<br />decision as final. No suit shall be commenced in a federal, state or local court until
<br />such 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 individually.
<br />If there is a conflict between the Rules and this Agreement, this Agreement shall
<br />govern .
<br />We will pay Your reasonable arbitration fees and expenses that are in excess of
<br />$ 125. 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 an attorney. If
<br />We request arbitration, We will pay the arbitration filing fee.
<br />This Agreement is subject to the Federal Arbitration Act (9 U.s.c. section 1 et. seq.)
<br />and the arbitration decision shall be in writing with a supporting opinion.
<br />14.09. ILLINOIS: 5. WHAT THIS AGREEMENT COVERS: Unless specifically
<br />provided in this Agreement, this Agreement does not cover "wear and tear".
<br />12(A)(1)&(2): YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A
<br />REFUND: If the Selling Dealer receives a written cancellation request, including a
<br />copy of Your application, proof of payment and statement of the odometer reading,
<br />on or before the 30th day from the Signature Date and no claims have been filed
<br />under this Agreement, the Selling Dealer will cancel this Agreement and refund the
<br />purchase price less a cancellation processing fee , not to exceed 10% of the
<br />Agreement purchase price or $50, whichever is less. If the Selling Dealer receives a
<br />written cancellation request, including a copy of Your application, proof of payment
<br />and statement of the odometer reading, after the 30th day or a claim has been filed
<br />at any time during the term of this Agreement from the Signature Date, the Selling
<br />Dealer will divide the purchase price You paid for the Agreement by the number of
<br />miles or months of coverage provided by this Agreement, whichever is greater. The
<br />Selling Dealer will multiply this dollar amount by the remaining unused miles or
<br />months, whichever is less, and refund this amount ("Pro-Rata basis") to You or Your
<br />lender, and a cancellation processing fee that is the lesser of 10% of the Agreement
<br />purchase price or $50 for each plan cancelled.
<br />14.10. INDIANA:
<br />2C. PROOF OF PAYMENT -Your proof of payment to the Selling Dealer,
<br />Administrator or Service Contract Provider constitutes proof of payment to the
<br />Insurer listed in provision 1.0. of this Agreement.
<br />20. This service contract is not insurance and not subject to Indiana Insurance Law.
<br />14.11 . LOUISIANA:
<br />12A. (1) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
<br />If the Selling Dealer receives a written notice of cancellation within thirty (30) days
<br />from the date this Agreernent was delivered or mailed to You, Selling Dealer will
<br />provide You with a full refund less a $50 processing fee.
<br />(2) If You cancel this Agreement after 30 days from the date the Agreement was
<br />delivered or mailed to You, You shall receive a refund on a "Pro-Rata" basis less a
<br />$50 processing fee . For purposes of this section 12.A. (2), "Pro Rata basis" will be
<br />determined by dividing the purchase price You paid for the Agreement by the
<br />number of miles or months of coverage provided by this Agreement, whichever is
<br />greater, multiply this dollar amount by the remaining unused miles or months,
<br />whichever is less.
<br />14.12. MAINE:
<br />1. E. ADMINISTRATION : All service contract obligations in the state of Maine are
<br />administered by:
<br />Percepta Philippines, LLC
<br />P.O. Box 6045 Dearborn, Michigan
<br />48121
<br />Toll Free Number: 800-521-4144
<br />12. CANCELLATION AND REFUND
<br />(A) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
<br />(2) If the Selling Dealer receives a written cancellation request, including a copy of
<br />Your Application, proof of payment and statement of the odometer reading, after
<br />the 30th day or a claim has been filed at any time during the term of this Agreement
<br />from the Signature Date the Selling Dealer will divide the purchase price You paid
<br />for 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 amount
<br />by the remaining unused miles or months, whichever is less, and refund this
<br />amount ("Pro Rata basis ") to You or Your lender.
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: We
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