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TERMS AND CONDITIONS
<br />may cancel this Agreement at any time during the term of this Agreement within 15
<br />days prior written notice when sent to You at Your last known address. We will state
<br />the effective date of the cancellation and the specific grounds for cancellation. If
<br />any refund is owed, a Pro Rata Refund will be issued to You or Your lender within
<br />thirty days of the cancellation date.
<br />14.13. MINNESOTA:
<br />3. MINNESOTA USED VEHICLE NOTICE: If, on the date You purchased a used
<br />Vehicle from a Minnesota Selling Dealer,
<br />A) the Vehicle had fewer than 36,000 miles from Zero Miles, the Selling Dealer
<br />may be required to warrant the Vehicle for (i) at least 60 days after the date
<br />You purchased the Vehicle or (ii) 2,SOO miles, whichever occurs first.
<br />B) If, on the date You purchased a used Vehicle from a Minnesota Selling
<br />Dealer, the Vehicle had more than 36,000 miles but fewer than 7S,000 miles
<br />from Zero Miles, the Selling Dealer may be required to warrant the Vehicle for
<br />(i) at least 30 days after the date You purchased the Vehicle or (ii) 1,000 miles,
<br />whichever occurs first.
<br />C) If, on the date You purchased a used Vehicle from a Minnesota Selling
<br />Dealer, the Vehicle had more than 7S,000 miles from Zero Miles, the Selling
<br />Dealer is not required to warrant the Vehicle.
<br />7. WHAT IS NOT COVERED BY THIS AGREEMENT: (Additional Exclusions or
<br />changes)
<br />f) Damage caused by the environment and pollution, including airborne fallout,
<br />chemicals, debris, tree sap, salt, hail, windstorm, lightning, freezing, flooding,
<br />earthquake, snow or ice;
<br />i) Scheduled Maintenance Services,
<br />1. For New Vehicles -repairs resulting from the lack of required or recommended
<br />maintenance as contained in the Scheduled Maintenance Guide for your vehicle;
<br />2. For Used Vehicles -repairs resulting from the lack of required or recommended
<br />maintenance, provided that, at the time the used Vehicle came into Your
<br />possession or control: 1) the Vehicle still retained its owner's manual; or, 2) You
<br />were offered a copy of the owner's manual for an incremental charge of ten dollars
<br />($10) or less; or 3) the maintenance reqUirements contained in the Scheduled
<br />Maintenance Guide were replaced with a new specific maintenance schedule.
<br />I) Repairs to the Vehicle if the odometer
<br />1. has been tampered with, but only if the tampering occurs while the Vehicle
<br />is in Your possession or control; or
<br />2. If You have failed to have a broken odometer repaired, if the odometer
<br />failed while the Vehicle is in Your possession or control.
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: We
<br />may cancel this Agreement with (5) days prior written notice sent to You at Your
<br />last known address. Prior written notice is not required if cancellation is for any of
<br />the following reasons :
<br />a) You failed to pay the purchase price for 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 />Vehicle or its use.
<br />d) if the VIN cannot be established because of actions for which You are responsible.
<br />14.14. MISSISSIPPI:
<br />1. ARBITRATION MAY ONLY PROCEED ON AN
<br />INDIVIDUAL BASIS, AND MAY NOT BE
<br />CONSOLIDATED WITH OTHER ARBITRATIONS OR
<br />ACCORDED ANY CLASS ACTION STATUS.
<br />A. THIS SERVICE CONTRACT AGREEMENT, INCLUDING
<br />THE APPLICATION, INVOKES ARBITRATION UNDER
<br />THE FEDERAL ARBITRATION ACT. EITHER YOU OR
<br />WE MAY ELECT BINDING ARBITRATION TO RESOLVE
<br />DISPUTES UNDER THIS SERVICE CONTRACT
<br />AGREEMENT.
<br />B. IF EITHER YOU OR WE DECIDE TO ARBITRATE A
<br />DISPUTE REGARDING ANY ASPECT OF THIS SERVICE
<br />CONTRACT AGREEMENT OR THE APPLICATION AND
<br />THE SALE OF THE SERVICE CONTRACT, AN
<br />ARBITRATOR WILL RESOLVE THE DISPUTE. IF
<br />ARBITRATION IS SELECTED TO RESOLVE THE
<br />DISPUTE, BOTH PARTIES WAIVE THEIR RIGHTS TO
<br />RESOLVE THE DISPUTE IN A COURT PROCEEDING.
<br />C. IN AN ARBITRATION, ONE OR MORE OF THE
<br />ARBITRATORS (WHO ARE NEUTRAL DECISION-
<br />ESP 8240-Nat App/Provs (Oct 15) (Previous Editions May Not be Used)
<br />MAKERS) RENDER A DECISION AFTER HEARING THE
<br />ARGUMENTS FROM ALL PARTIES. ARBITRATION
<br />TAKES THE PLACE OF A TRIAL AND DISPUTES ARE
<br />DECIDED BY ARBITRATION, NOT A JUDGE OR JURY.
<br />D. YOU AND WE ARE BOUND BY THE DECISION OF THE
<br />ARBITRATOR AND THE RESULTS OF THE
<br />ARBITRATION ARE BINDING AND FINAL AND MAY
<br />NOT BE APPEALED TO A COURT.
<br />E. IF YOU NEED ADDITIONAL INFORMATION
<br />REGARDING THE DISPUTE RESOLUTION AND
<br />ARBITRATION SECTION IN THE SERVICE CONTRACT
<br />AGREEMENT, PLEASE CALL THE TOLL FREE
<br />ASSISTANCE LINE AT 800-392-3673.
<br />F. YOU HAVE 5 DAYS FROM DELIVERY OF THIS
<br />SERVICE CONTRACT AGREEMENT TO REJECT THE
<br />SERVICE CONTRACT AGREEMENT IF YOU DO NOT
<br />WANT TO ACCEPT THIS BINDING ARBITRATION
<br />PROVISION. IF YOU REJECT THE SERVICE CONTRACT
<br />AGREEMENT, YOU DO NOT HAVE THE SERVICE
<br />CONTRACT COVERAGE IT PROVIDES AND YOU ARE
<br />ENTITLED TO A FULL REFUND OF THE AMOUNT YOU
<br />PAID. IF YOU DO NOT REJECT THE SERVICE
<br />CONTRACT AGREEMENT WITHIN 5 DAYS, YOU HAVE
<br />ACCEPTED IT. WE WILL PAY YOUR TOTAL
<br />REASONABLE ARBITRATION FEES AND EXPENSES.
<br />ARBITRATION PROCEEDINGS MUST COMMENCE NO
<br />LATER THAN 120 DAYS AFTER THE FIRST
<br />NOTIFICATION BY YOU OR US OF AN ELECTION TO
<br />ARBITRATE A DISPUTE. UNLESS YOU AND WE AGREE
<br />OTHERWISE, ALL ARBITRATION PROCEEDINGS WILL
<br />BE CONDUCTED AT A LOCATION IN THE COUNTY OF
<br />YOUR RESIDENCE.
<br />14.1 S. MISSOURI
<br />12. (A) (2). YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
<br />If the Selling Dealer receives a written cancellation request, including a copy of Your
<br />Application, proof of payment and statement of the odometer reading, after the
<br />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, minus a $50 processing fee for each
<br />plan cancelled.
<br />14.16. NEBRASKA:
<br />13. DISPUTE RESOLUTION & ARBITRATION: You and We must mutually agree to
<br />have any dispute related to this Agreement or the Application decided by
<br />nonbinding arbitration administered by the Better Business Bureau (BBB). You agree
<br />not to consolidate or group Your dispute with other arbitration or disputes
<br />concerning this Agreement or Application. You agree that You will not participate
<br />in any class arbitration concerning this Agreement or Application. To learn about or
<br />begin arbitration, or get a copy of the Arbitration Rules, You may contact BBB at
<br />800-955-5100 or www.auto.bbb.org/extendedserviceplan . If there is a conflict
<br />between the Rules and this Agreement, this Agreement shall govern.
<br />If You initiate the arbitration process, BBB will charge You an arbitration filing fee of
<br />$50. 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.
<br />This Agreement is subject to the Federal Arbitration Act, 9 U.s.c. SS 1 et seq. The
<br />arbitration decision shall be in writing with a supporting opinion.
<br />14.17. NEVADA
<br />2C. SPECIAL NOTICE -RENEWABILITY: This Agreement is non-renewable.
<br />7{t): Taxis, vehicles used for competitive driving/racing/offroad use, fuel cell
<br />vehicle, performance modified vehicles at point of sale {vehicles that qualify
<br />for coverage that are later modified or altered with performance modified
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