Shown below are the current National Home Protection Alliance Terms and Conditions. Please refer to your membership kit for any specific terms and conditions applicable to your membership. Require further assistance? Choose from the additional "help" areas listed below.
  • Terms & Conditions

    NHPA - NATIONAL HOME PROTECTION ALLIANCESM MEMBERSHIP TERMS AND CONDITIONS

    This AGREEMENT ("Membership Agreement") is made between Trilegiant Corporation ("Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called National Home Protection Alliance ("NHPA"), and the person specified on the reverse side of this form ("You" or the "Member"). You and Trilegiant agree as follows:

    WITNESSETH:

    1. NHPA BENEFITS - The NHPA benefits which Trilegiant shall provide to You during the term of your membership are listed below in items (a) through (e). You may call toll free at 1-800-514-NHPA (6472) to utilize such benefits.
    (a) Access to protection plan coverage on a range of residential appliances and systems;
    (b) Access to How-To Guides (up to 10 per request);
    (c) Contractor Solutions powered by ServiceMagic, Inc.;
    (d) Money-saving Home Savings Coupons; and
    (e) Discounts for when You move, such as a cash bonus or commission credit when You buy/sell a home, and moving van line discounts.
    We may terminate this Agreement upon written notice and refund to You the current term's membership fee unless the reason for such termination is your failure to pay or your misuse of the NHPA service, in which event no refund will be provided.

    2. NHPA BENEFITS SUBJECT TO MODIFICATION/DISCONTINUANCE - The benefits, discounts, services and special offers described in the accompanying materials have specific limitations and exclusions which are described in this Membership Agreement and in such materials. Trilegiant reserves the right to modify or eliminate any services or benefits or any participating merchants, benefit providers, vendors, or suppliers at any time, with or without notice. In the event any such goods or services are not available to You, Trilegiant is not responsible for any refund to You due to merchant, benefit provider, vendor, or supplier closure, discontinuance with NHPA, or restrictions.

    3. WHO MAY USE - You agree that You will use your NHPA membership only for your own behalf and for the members of your immediate family residing in your household. You will be responsible for all use of your membership and must notify NHPA immediately of any unauthorized use of your membership, or theft or misplacement of your membership number. Merchandise and services purchased using your membership may not be used for resale.

    4. LIABILITY - (a) In general, Trilegiant and its subsidiaries, affiliates, and employees (collectively, the "Trilegiant Parties") shall have no liability to You as a seller or provider of any products or services, including, without limitation, any liability for any defective products or services. The goods, services, and other benefits offered to You as a member of NHPA are in most cases provided by independent third parties who are not employees of the Trilegiant Parties and, accordingly, the Trilegiant Parties assume no liability for any losses or other damages arising out of the actions of, or goods or services provided by, such independent third parties. Any claims for losses or other damages to the property or person of a Member or other individual must be filed against the appropriate third party. TRILEGIANT MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NO TRILEGIANT PARTY SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE TRILEGIANT PARTIES' LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE NHPA MEMBERSHIP FEE. The Trilegiant Parties shall have no liability for any delay in delivery for any cause beyond Trilegiant's control, including delay due to Trilegiant's benefit providers, union disputes, or factory production schedules. The terms of this section shall survive any termination, cancellation, or expiration of this Membership Agreement. (b) Contractor Solutions is powered by ServiceMagic, Inc. In using any and all services provided by ServiceMagic, Inc., You acknowledge that none of the Trilegiant Parties, NHPA, or ServiceMagic, Inc. is acting as your general contractor, agent, or lawyer. It is your responsibility to select a contractor and to negotiate the terms for any work performed, not that of the Trilegiant Parties, NHPA, or ServiceMagic, Inc. You should consult with appropriate expert advisers to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation, and an insurance professional regarding the contractor's and your own insurance coverage requirements. None of the Trilegiant Parties, NHPA, or ServiceMagic, Inc. (i) recommends or endorses any specific contractor or architect, (ii) provides advice on which contractor or architect to select, or (iii) screens contractors' personal credit or personal legal standing. NHPA, Trilegiant, ServiceMagic, Inc., and their respective affiliates, employees, and agents assume no liability for any losses or other damages arising out of the actions of or the services provided by such independent contractors, except for Trilegiant's limited $1,000 Guarantee described in the enclosed Member Benefits Guide. Any claims for losses or other damages to the property or person of a Member or other individual arising out of such contracted services must be filed against the independent contractor. ServiceMagic confirms at the time of a service professional's registration with ServiceMagic, that a prospective new member has all applicable required state-level trade licensing, relying on electronic data provided by third parties and on statements made by contractors and service providers and their references to determine which contractors and service providers to include in its approved database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a contractor's record may have occurred which were not captured by the third party data sources used. ServiceMagic, Inc. pre-screens and maintains a network of thousands of contractors to which You will have access. Neither ServiceMagic, Inc. nor any Trilegiant Party is responsible or liable for the services or actions of such contractors. The terms of this section shall survive any termination, cancellation, or expiration of this Membership Agreement.

    5. GOVERNING LAW - This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, except that Illinois law shall apply to the respective rights and obligations of the parties concerning the terms, conditions, limitations, and exclusions of the protection plan coverage for residential appliances and systems in accordance with the National Home Protection Alliance Protection Plan contained in the NHPA Member Benefits Guide. The terms of this Section shall survive any termination, cancellation or expiration of this Membership Agreement.

    6. ARBITRATION - You and Trilegiant agree that any claim or dispute ("Claim") between us (except for Claims relating to the terms, conditions, limitations, and exclusions of the protection plan coverage for residential appliances and systems, which are covered by a separate arbitration provision in the National Home Protection Alliance Protection Plan contained in the NHPA Member Benefits Guide) shall, at the election of either of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims against Trilegiant as well as its corporate affiliates. You agree that, by entering into this Membership Agreement, You and Trilegiant are each waiving the right to a trial by jury or to participate in a class action. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. YOU AND TRILEGIANT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Trilegiant agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. If the specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section 6 shall be null and void. Notwithstanding the foregoing, either party may bring an individual action in small claims court. The parties to this Membership Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section shall survive any termination, cancellation or expiration of this Membership Agreement.

    7. MEMBERSHIP FEE - For your convenience, at the end of your 30-day for $1.00 review period, the $39.99 monthly, or then-current membership fee, will be automatically billed to your credit or debit card account (designated the billing source), selected at the time of enrollment, unless You call to cancel during your review period.

    8. RENEWALS - Unless You notify Trilegiant that You do not wish to renew your membership, Trilegiant will automatically renew your membership at the end of each month and bill the then-current renewal fee to your designated billing source.

    9. RIGHT TO CANCEL MEMBERSHIP - (a) You have the right to cancel this Membership Agreement at any time. You may cancel this Membership Agreement by calling 1-800-514-6472 or writing to: National Home Protection Alliance, P.O. Box 41867, Nashville, TN 37204, Attention: Membership Department. Cancel this Membership Agreement during your 30-day for $1.00 review period, and you will owe nothing further; at any time thereafter You will be refunded the current month's paid membership fee. You will remain liable for any other fees, purchases, or charges to be paid pursuant to this Membership Agreement. (b) If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Membership Agreement in which event you will no longer have access to any of the NHPA benefits, including your protection plan coverage on residential appliances and systems. If terminated, no further protection plan coverage on residential appliances and systems will be provided to You. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Membership Agreement in effect, but suspend your access to all of the NHPA benefits, including your protection plan coverage on residential appliances and systems, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.

    10. RELATIONSHIP TO NATIONAL HOME PROTECTION ALLIANCE PROTECTION PLAN CONTAINED IN THE NHPA MEMBER BENEFITS GUIDE - This Membership Agreement supplements the National Home Protection Alliance Protection Plan contained in the NHPA Member Benefits Guide. To the extent there are any inconsistencies between this Membership Agreement and the National Home Protection Alliance Protection Plan concerning the terms, conditions, limitations, and exclusions of the protection plan coverage on residential appliances and systems, then the National Home Protection Alliance Protection Plan shall apply. Otherwise, the terms of this Membership Agreement shall apply.

    11. ELECTRONIC COMMUNICATIONS - Trilegiant, at its option, may communicate with You regarding NHPA by mail, by telephone or by electronic communications. Trilegiant may communicate with You electronically by means of electronic mail to the e-mail address You provide when You sign up for NHPA and/or postings to the NHPA website. Trilegiant may communicate electronically to You the following types of communications: Membership Terms and Conditions (including any amendments thereto), notices or disclosures regarding the Program, payment and billing authorizations, and other matters relating to your use of the NHPA service. You may contact Trilegiant at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without a fee. You may contact Trilegiant at the same telephone number or e-mail address listed above to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of NHPA if You decline or withdraw your consent to receive electronic communications from Trilegiant. You will need the following software and hardware to access electronic communications sent to You by Trilegiant as part of your NHPA membership: IBM or MAC compatible computer, Internet access, a working e-mail address, and Internet Browser (Internet Explorer version 5.2 or a later version). To retain copies of electronic communications, You must print a copy using a printer attached to your computer, or save an electronic copy to your computer's disk or other storage device.

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    NATIONAL HOME PROTECTION ALLIANCE PROTECTION PLAN

    Agreement TWG Home Warranty Services, Inc. except in Florida where it is Service Plan of Florida, Inc. P.O. Box 87637, Chicago, IL 60680 1-866-386-2470

    The purchase of this Agreement is not mandatory and may be waived. Please read this Agreement carefully.

    A. KEY TERMS:

    Throughout this document, "You" and "Your" refers to the Agreement Holder listed on the Declaration Page. "We", "Us", and "Our" refers to TWG Home Warranty Services, Inc. except in Florida where it is Service Plan of Florida, Inc., P.O. Box 87637, Chicago, IL 60680 Phone # - 1-866-386-2470. In addition, when in bold certain words and phrases are defined as follows:

    Agreement means this document. It describes the terms, conditions, and exclusions (losses We do not cover) that apply.

    Breakdown means a mechanical failure of the covered system, component or appliance to perform its fundamental operation(s) in normal service.

    B. COVERAGE PERIOD

    This Agreement provides coverage on a monthly basis.

    Coverage begins thirty (30) days after the start of Your membership and continues monthly as long as the monthly Agreement charges are paid in full.

    This Agreement will renew automatically on a monthly basis and will continue to renew until canceled or non-renewed by You or Us.

    C. COVERAGE

    In return for payment of the monthly Agreement charge and subject to all terms of this Agreement, We agree with You to provide coverage as stated in this Agreement.

    During the term of coverage, subject to the terms and conditions of this Agreement, We agree, in the event of a covered Breakdown, to arrange for a service provider to repair or replace the appliances and systems indicated as covered and located at the address listed on the Declaration Page.

    Certain items, events, and losses are not covered by this Agreement. Please refer to the exclusions listed in SECTION F of this Agreement.

    Homes greater than 5,000 sq. ft. are not eligible for coverage.

    Coverage is subject to a service call deductible (indicated on the Declaration Page), the limitations as specified on the Declaration Page and conditions as specified in this Agreement. In the event You fail or refuse to pay the repairer or Us such deductible or other amounts due, no additional claims will be honored until such amounts are paid.

    D. YOUR RESPONSIBILITIES REGARDING SERVICE

    We will not pay for any services performed without Our prior approval. Notice of any Breakdown must be given to Us immediately upon discovery and during the coverage period.

    1. When repair is required, You are to telephone Us at 1-866-386-2470. We will accept calls 24-hours a day, 7 days a week. You or the service provider will receive an authorization number for each Breakdown.

    • a) NON-EMERGENCIES: Meaningful service will be initiated within 72 hours and completed as soon as reasonably possible. Service will be scheduled during normal business hours. You may be responsible for additional costs for any non-emergency service performed outside of normal business hours, i.e. overtime charges.
    • b) EMERGENCIES: We will consider a request for service to be an emergency only if, in Our opinion, the Breakdown renders Your home uninhabitable such as failure of air conditioning in extreme heat (over 90 Fahrenheit) or failure of heating system in periods of extreme cold (40 Fahrenheit or less) or electrical arcing or running water that cannot be shut off. In the event We determine that a Breakdown has created an emergency, service will be requested immediately. Once service is initiated, it will be completed as soon as reasonably possible.
    The claim will be approved or disapproved only after We consult with the service provider and receive an estimate of costs. 2. At Our discretion, a Breakdown may be remedied by repair or replacement. Repair or replacement shall be performed by a service provider who provides a written parts and labor guarantee of not less than sixty (60) days for covered repairs.
    3. You are obligated to provide information relating to the cause and nature of any Breakdown. This information may include estimates, copies of inspection reports, or other supporting information. If asked, You must sign forms needed for Us to provide service under this Agreement. In all cases, You must take every precaution to protect the covered property until the necessary repair or replacement is authorized by Us and the work is completed.
    4. Misrepresentation or any attempt to defraud Us, including collusion between You and the service provider, shall result in a denial of coverage, and We shall seek reimbursement and may pursue remedies under the law.
    5. You are responsible for the payment of the deductible (or actual cost of service, whichever is less) for the covered Breakdown. This payment must be made to the service provider prior to completion of any work performed.
    6. If the service work performed under this Agreement fails within a sixty (60) day period, and it was performed by a service provider chosen by Us, We will arrange for the necessary repairs without an additional deductible requirement even after Agreement expiration.
    7. We reserve the right to obtain a second opinion or have an inspection performed by a service provider of Our choosing on any repair or replacement.
    8. Claim documentation and any correspondence can be sent to Us.
    9. In the event You need to contact someone about this Agreement for any reason, please contact Us to make a claim or inquire about coverage.

    E. PAYMENT OF CLAIMS

    When possible, payment arrangements will be made with the service provider prior to completion of the work. In some cases, You may be required to pay for the repair or replacement of the covered item, in which case, We will reimburse You, less applicable deductibles, when We receive Your paid invoice(s).

    You must report all Breakdowns to Us. Unauthorized charges will not be reimbursed.

    F. EXCLUSIONS

    Performance of a Home Inspection does not preclude application of any of the following EXCLUSIONS.

    We are not responsible for:
    1. Repair or replacement if the Breakdown is caused by any of the following:

    • a) The alteration, modification, addition to, or deletion from the covered property.
    • b) Negligence, misuse, abuse or use not intended by the manufacturer; improper service or maintenance by a service provider.
    • c) The addition to existing systems or loads in greater quantities or capacities than the original design, or gradual reduction in performance due to wear and tear where no failure has occurred.
    • d) Freezing, fire, wind, water, flood, lightning, ice, hail, snow, explosion, chemical, sedimentary or mineral build up, mold, mud, earthquake, soil movement, storm, pet damage, pest damage, vandalism, accident, or condition other than normal use of the system.
    • e) Lack of capacity, adequacy, efficiency, design or improper installation of any system, component, or appliance.
    • f) Failure to provide customary maintenance as specified by the equipment manufacturer, missing parts, structural changes, or electrical failure, or power surge.
    2. Any and all costs associated with a repair visit, if it is determined that coverage under this Agreement does not apply, or no covered Breakdown is discovered. You are responsible for the cost of the entire repair visit (including any and all costs associated with gaining access to equipment).
    3. Failure to provide service due to conditions beyond Our control, including but not limited to, delays in obtaining parts or equipment or labor difficulties.
    4. Obstructed access to covered equipment. Obstructed access includes but is not limited to expenses to open or close walls, floors and ceilings, including removal and replacing tile, linoleum, wood, carpeting, paneling, stucco, cabinets, other systems or appliances, wall mountings, decorations, trim, wall paper or anything else blocking the access point of the covered equipment. We will provide access through unobstructed walls, ceilings, and floors only, and will return the access point to a rough finish. Rough finish is defined as covering the access point with wallboard, plaster, or plywood. This does not include paint, tile, linoleum, wood (excluding plywood), carpet, panel, or stucco.
    5. Expenses related to hauling away equipment or other disposal costs.
    6. Repair or replacement of any cosmetic defects, or performance of routine maintenance.
    7. Secondary or consequential damages resulting from the Breakdown of any covered or non-covered item.
    8. Any decorating, or secondary or consequential repairs or replacements made necessary by the provision of Our services.
    9. Repairs or replacements caused by pre-existing defects or deficiencies, including but not limited to covered items with latent manufacturer's defects.
    10. Repairs or replacements performed without Our prior authorization.
    11. Repairs or replacements arising from manufacturer's recalls, defects, or class action suits.
    12. Repairs or replacements of covered items otherwise covered under any other type of manufacturer warranty, service contract, or insurance agreement.
    13. Repairs or replacements of system(s) and appliance(s) classified by the manufacturer as commercial.
    14. Electronic, computerized or energy management systems or devices, including programmable thermostats, low-voltage wiring and relays, lighting, and appliance management systems.
    15. Any costs associated with treatment, removal, recovery, disposal, transport or storage of any known or suspected toxic or hazardous substance/material. Repairs where there is environmental contamination or if such repairs would cause contamination. Any costs associated with freon recovery or the disposal of refrigerants or contaminants.
    16. Unless specified otherwise in this Agreement, correcting or upgrading any parts, equipment and/or system in order to comply with any federal, state or local laws, code violation, regulations, efficiency requirements, or ordinances or utility regulations. We are not responsible for service when permits cannot be obtained, nor will We pay any costs relating to permits.
    17. System or appliance recessed in the foundation or exterior walls that are exposed to the outside conditions.
    18. Access to a covered appliance or system through an exterior wall. This Agreement covers interior access only.
    19. Repairs or replacements when the condition of cabinetry prohibits necessary repairs to components of any covered item. Our obligation is limited to the cost of repair to covered components only. We are not responsible for any cabinetwork relating to appliance repair or replacement.
    20. Repairs to systems or appliances in mobile homes not installed on a permanent foundation.
    21. Shared systems and appliances (e.g. HVAC systems shared by tenants within a multiple-unit dwelling), unless each unit is simultaneously covered by one of Our service Agreements.
    22. Residential property that is used for commercial, business, or care purposes, including but not limited to: day care centers, fraternity/sorority houses, nursing, or special care homes or facilities.
    23. Any system or appliance not located within the perimeter of the main foundation or the attached garage at the covered address, unless otherwise specified on the Declaration Page.
    24. Any system or appliance not properly installed and maintained and fully operational at the start of this Agreement.
    25. Repairs or replacements of an appliance not purchased as part of the home purchase.
    26. Repairs or replacements to systems or appliances within a vacant property (including vacation property) if all utilities were not in service throughout the coverage period and for the ninety (90) days preceding the coverage period.
    27. Repairs or replacement of swimming pool and spa equipment that do not utilize common equipment, unless separate coverage is purchased for both items.
    28. Any Breakdown caused by (a) rust or corrosion and/or (b) collapsed ductwork during the first thirty (30) days of coverage.
    29. Upgrades or the cost of construction, carpentry, or other modifications made necessary by removing existing equipment or installing different equipment.
    30. You are responsible for corrections that are necessary as a condition for service, and coverage under this Agreement will not be provided until such corrections are made.

    G. LIMITS OF LIABILITY

    1. Coverage for access, diagnosis and repair or replacement for each system and appliance as listed on the Declaration Page.
    2. We are only responsible for basic site restoration to the access point on covered repairs or replacements. Such site restoration is limited to closing the opening in walls, ceilings, and floors and returning it to a rough finish.
    3. The maximum benefits under this Agreement is $5,000 in aggregate within the last 12 month period from the current Breakdown date.

    H. COVERAGE DESCRIPTION

    1. AIR CONDITIONER
    CONDITION: Coverage is available on the home's primary air conditioner system and capacities not exceeding five (5) tons.
    COVERED: All components and parts (except as noted as NOT COVERED) relating to: ducted electric central air conditioning • ducted electric wall air conditioning • water evaporative coolers. If We determine non-compatibility of specific components due to an efficiency upgrade requirement to 13 SEER (Seasonal Energy Efficiency Ratio) or 7.7 HSPF (Heating Seasonal Performance Factor) of a covered ducted electric central air conditioning system, We will upgrade the following components to be compatible with the new ducted electric central air conditioning system: plenum • indoor electrical connection • condenser • evaporator coils and drain pans • refrigerant lines • duct connections • secondary drain pans and lines • air handling transition • air handling unit. NOT COVERED: Natural gas air conditioning systems • condenser casings • registers • grills • filters • evaporated cooling pads • electronic air cleaners • window units • non-ducted wall units • water towers • roof jacks or stands • flues and vents • improperly sized air conditioning unit • chillers • humidifiers • dehumidifiers • electronic or programmable thermostats • outside or underground piping and components for geothermal and/or water source heat pumps.
    2. BUILT-IN MICROWAVE OVEN
    COVERED: All components and parts, except as noted as NOT COVERED.
    NOT COVERED: Interior linings • door glass • light bulbs • clocks • shelves • portable or counter-top units • meat probe assemblies • rotisseries.
    3. CLOTHES WASHER AND DRYER
    a) CLOTHES WASHER
    COVERED: All components and parts, except as noted as NOT COVERED.
    NOT COVERED: Plastic mini-tubs • soap dispensers • filter screens • knobs and dials • damage to clothing.
    b) CLOTHES DRYER
    COVERED: All components and parts, except as noted as NOT COVERED.
    NOT COVERED: Venting • lint screens • knobs and dials • damage to clothing.
    4. DISHWASHER (Built-in or Portable)
    COVERED: All components and parts, except as noted as NOT COVERED.
    NOT COVERED: Racks • basket(s) • rollers.
    5. DUCTWORK
    COVERED: All components and parts of exposed ductwork except as noted as NOT COVERED.
    NOT COVERED: Registers • grills • dampers • insulation • asbestos-insulated ductwork. 6. HEAT PUMP (Including Gas Pack)
    CONDITION: Coverage is available on the home's primary combined cooling and heating (e.g. heat pump or gas pack) systems and capacities not exceeding five (5) tons. COVERED: All components and parts (except as noted as NOT COVERED) relating to heat pumps or gas packs that heat or cool the home. If We determine non-compatibility of specific components due to an efficiency upgrade requirement to 13 SEER (Seasonal Energy Efficiency Ratio) or 7.7 HSPF (Heating Seasonal Performance Factor) of a covered or heat pump or gas pack, We will upgrade the following components to be compatible with the new ducted electric central air conditioning system or heat pump: plenum • indoor electrical connection • condenser • evaporator coils and drain pans • refrigerant lines • duct connections • secondary drain pans and lines • air handling transition • air handling unit.
    NOT COVERED: Natural gas air conditioning systems • condenser casings • registers • grills • filters • evaporated cooling pads • electronic air cleaners • window units • non-ducted wall units • water towers • roof jacks or stands • flues and vents • improperly sized air conditioning unit • chillers • humidifiers • dehumidifiers • electronic or programmable thermostats • outside or underground piping and components for geothermal and/or water source heat pumps.
    7. HEATING SYSTEM
    CONDITION: Coverage is available on the home's primary heating system.
    COVERED: All components and parts (except as noted as NOT COVERED) located within the primary dwelling relating to: forced air systems • geothermal (ground source) and/or water source heat pump components • heat exchanger and/or combustion chamber.
    NOT COVERED: Baseboard casings • portable units • solar heating systems • fireplaces and key valves • fireplace inserts • chimneys • filters • registers • humidifiers • dehumidifiers • grills • clocks • timers • heat lamps • fuel storage tanks • flues and vents • electronic or programmable thermostats • GFX or heat recovery systems • radiant floor tubing • outside or underground piping and components for geothermal and/or water source heat pumps • heat pumps (forced air) • gas packs.
    8. INTERNAL ELECTRICAL SYSTEM
    COVERED: General wiring • inside fuse box • inside circuit breaker panels • switches and receptacles located within the interior of the home.
    NOT COVERED: Meter boxes • fixtures • alarms • intercoms • direct current (DC) wiring or components • power failure or surge • telephone wiring • any wiring or other electrical items located outside the perimeter of the principal dwelling and attached garage • any loss due to water seepage along service cable • conditions of inadequate wiring capacity or overload • low voltage wiring or relays • control panels • outside mounted circuit breaker panel • obstructed access to cover equipment • components not listed in the covered section.
    9. INTERNAL PLUMBING SYSTEM
    COVERED: Leaks and breaks of water, drain, gas, waste or vent lines • toilet tanks, bowls and mechanisms (replaced with builder's standard as necessary) • toilet wax ring seals • valves for shower, tub, and diverter • angle stops • risers and gate valves • permanently installed sump pumps • built-in bathtub whirlpool motor and pump assemblies • instant hot water dispenser. NOT COVERED: Leaks, breaks, collapse or damage to water, drain, gas, waste or vent lines caused by freezing, roots, rocks, or earth movement • faucets and fixtures • bathtubs, shower enclosures and base pans • sinks • toilet lids and seats • caulking or grouting • septic tanks • water softeners • pressure regulators • inadequate or excessive water pressure • sewage ejector pumps • holding or storage tanks • saunas or steam rooms • stoppages • leach beds • fire sprinkler systems • lawn sprinklers • battery back-up sump pumps • frost free line • plumbing, piping, fixtures or any other item listed as covered that is located outside the foundation of the home • components not listed in the covered section.
    10. KITCHEN REFRIGERATOR
    COVERED: All components and parts of the refrigerator including integral freezer or ice maker except as noted as NOT COVERED.
    NOT COVERED: Racks • shelves • beverage dispensers and their respective equipment • interior thermal shells • freezers which are not an integral part of the refrigerator • food spoilage • light bulbs.
    11. RANGE/OVEN/COOKTOP (Gas or Electric; Built-in, Portable or Free Standing)
    COVERED: All components and parts, except as noted as NOT COVERED.
    NOT COVERED: Clocks or light bulbs (unless they effect the function of the oven) • meat probe assemblies • rotisseries • racks • handles • knobs • sensi-heat burners will only be replaced with standard burners.

    I. GENERAL PROVISIONS

    1. Cancellation
    This Agreement:
    a.) Can be cancelled by You within thirty (30) days of the effective date, and a full refund will be made less claims paid. To cancel, You must send written notice to 40 Oakview Drive, Trumbull, CT 06611-474.
    b.) Can be cancelled by You more than thirty-one (31) days after the effective date, by sending written notice to 40 Oakview Drive, Trumbull, CT 06611-474. Cancellation will be effective at end of the last expired period for which the monthly Agreement charge has been fully paid. This Agreement cannot be cancelled by Us, except for:
    a.) Nonpayment of the monthly Agreement charges; or
    b.) Fraud or material misrepresentation.

    If the Agreement is cancelled by Us, the purchaser may be entitled to a pro-rata refund of the paid monthly Agreement charge for the remaining term.
    Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation with the reason and effective date of cancellation.

    2. Non-Renewal: This Agreement is renewable at Your or Our option. If We choose to renew Your Agreement, You will be offered the terms, conditions and rates that are currently in effect in Your state.
    3. Transfers:
    Your rights and duties under this Agreement are not transferable.
    4. Where You Are Covered:
    This Agreement applies only to Breakdowns occurring within the continental United States, including Alaska and Hawaii.
    5. Non-Original Manufacturer Parts:
    We reserve the right to select and use parts other than original manufacturer parts. Parts used will be of like kind and quality.
    6. Repair or Replacement:
    At Our option, a covered Breakdown may be remedied by repair or replacement. If We decide to replace equipment, the replacement equipment will be of similar features, capacity and efficiency, but not for matching dimensions, brand, or color.
    7. Equipment Eligibility:
    We reserve the right to restrict certain makes of equipment from coverage eligibility based on commercial design.
    8. Rights of Recovery:
    If We pay for a Breakdown, We may require You to assign Us Your rights of recovery against others. We will not pay for a Breakdown if You impair these rights to recover. Your right to recover may not be waived.
    9. Dispute Resolution - Arbitration:
    This Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Agreement (including the cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up your right to resolve any dispute arising from this Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law.

    To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the Breakdown occurred or the dispute arose. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an "umpire." Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all matters arising out of or relating to this Agreement and all transactions contemplated by this Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Agreement.

    J. STATE AMENDMENTS

    In Alabama:
    Section (I.) General Provisions #1., the first paragraph is replaced with the following:
    This Agreement:
    a.) Can be canceled by You within thirty (30) days of the receipt of this Agreement and the purchaser shall be entitled to a full refund. A ten percent (10%) penalty per month shall be added to a refund that is not paid within thirty (30) days after the provider receives a written request to cancel from the Agreement holder. The refund shall be paid to the purchaser, or to the person authorized by the purchaser.
    b.) Can be canceled after thirty (30) days of the receipt of this Agreement, and a pro-rata refund of the monthly Agreement charge will be made.
    To cancel, You must send written notice to 40 Oakview Drive, Trumbull, CT 06611-474.

    In Arizona:
    Section (F.) Exclusion # 1.a) only applies after the effective date.
    Section (F.) Exclusion #1.c) is replaced with the following: Lack of capacity, adequacy, efficiency, design or improper installation of any system, component or appliance as determined by the manufacture or building codes.
    Section (F.) Exclusion # 9. does not apply in the state of Arizona.
    Section (I.) General Provisions #1., the first paragraph is replaced with the following: This Agreement:
    a.) Can be canceled by You within thirty (30) days of the receipt of this Agreement and the purchaser shall be entitled to a full refund.
    b.) Can be canceled by You after thirty (30) days of the receipt of this Agreement, and a pro-rata refund of the monthly Agreement charge will be made. No claims incurred or paid will be deducted from the amount to be returned in an event of cancellation.
    To cancel, You must send written notice to 40 Oakview Drive, Trumbull, CT 06611-474.
    Section (I.) General Provisions #7. does not apply in the state of Arizona.
    Section (I.) General Provisions #9. is amended to include: Arbitration may not conflict with the provisions of A.R.S. §§ 20-1095.04 and 20-1095.09

    In Arkansas:
    The following statement has been added: This is not a contract of insurance. Obligations of the provider under this service Agreement are guaranteed under a service contract reimbursement insurance policy issued by Virginia Surety Company, Inc. with home offices located at 175 West Jackson Blvd., 11th Floor, Chicago, IL 60604, 1-800-209-6206. If we fail to pay any valid claims within sixty (60) days after proof of loss has been filed, You are entitled under state law to make a claim directly against Virginia Surety Company, Inc. at the address shown above. A claim against the provider may include a claim for return of the unearned provider fee.

    In Colorado:
    Section (I.) General Provisions #10. is amended to include: Action under this Agreement 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.S.R., and that a party to such a Agreement may have the right of civil action under such laws, including obtaining the recourse or penalties specified in such laws.

    In Florida:
    Section (I.) General Provisions #1., is amended as follows:
    This Agreement:
    a.) Can be canceled by You within thirty (30) days of the receipt of this Agreement; and the purchaser shall be entitled to a full refund.
    b.) Can be canceled by You after thirty (30) days of the receipt of this Agreement, and a You shall be entitled to ninety percent (90%) of the unearned pro-rata Agreement charge less claims paid.
    To cancel, You must send written notice to Us. This Agreement cannot be cancelled by Us, except for:
    a.) Nonpayment of Agreement charges;
    b.) Fraud or material misrepresentation; or

    If the Agreement is cancelled by Us, the purchaser may be entitled to a pro-rata refund of the paid Agreement charge for the remaining term. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation with the reason and effective date of cancellation.
    Section (I) #2 General Provisions, the following is added: This form will not be renewed more than nine annual renewals.
    Section (I) General Provisions #3 is amended as follows: If the covered property is sold during the coverage period, You have the right to assign this contract within fifteen (15) days from the date the home is sold. The assignment fee is $40.
    Section (I) General Provisions #9 Arbitration has been deleted in its entirety.
    The following statement has been added: This Home Warranty does not provide free listing period coverage.
    The following statement has been added: The rate charged for this home warranty is not subject to regulation by the Florida Office of Insurance Regulation.

    In Georgia:
    Section (F.) Exclusion # 9. is amended as follows: Repairs or replacements caused by pre-existing conditions, defects or deficiencies known by You.
    Section (I.) General Provisions #1., is amended as follows:
    This Agreement:
    a.) Can be canceled by You within thirty (30) days of the receipt of this Agreement; and the purchaser shall be entitled to a full refund.
    b.) Can be canceled by You after thirty (30) days of the receipt of this Agreement, and a pro-rata refund of the monthly Agreement charge will be made. Claims paid and cancellation fees shall not be deducted from any refunds owed as a result of cancellation.
    This Agreement cannot be cancelled by Us, except for:
    a.) Nonpayment of monthly Agreement charges;
    b.) Fraud or material misrepresentation

    Any refund owed and not paid as required is subject to a penalty equal to 25% of the refund owed and interest of 18% per year until paid; however, such penalty shall not exceed 50% of the amount of the refund.

    If the Agreement is cancelled by Us, the purchaser may be entitled to a pro-rata refund of the paid monthly Agreement charge for the remaining term.

    Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation with the reason and effective date of cancellation.

    Cancellations will comply with Section 33-24-44 of the Code of Georgia. Section (I.) General Provisions #9. "Arbitration" is deleted in its entirety.

    In Hawaii:
    Section (I.) General Provisions #1., the first paragraph is replaced with the following:
    This Agreement:
    a.) Can be canceled by You within thirty (30) days of the receipt of this Agreement and the purchaser shall be entitled to a full refund. A ten percent (10%) penalty per month shall be added to a refund that is not paid within thirty (30) days after the provider receives a written request to cancel from the Agreement holder. The refund shall be paid to the purchaser, or to the person authorized by the purchaser.
    b.) Can be canceled after thirty (30) days of the receipt of this Agreement, and a pro-rata refund of the monthly Agreement charge will be made less any claims paid.
    To cancel, You must send written notice to 40 Oakview Drive, Trumbull, CT 06611-474.

    In Iowa:
    The following statement has been added: The issuer of this contract is subject to regulation by the Insurance Division of the Department of Commerce of the State of Iowa. Complaints that are not settled by the issuer may be sent to the Insurance Division.
    Section (D.) Your Responsibilities Regarding Service is amended as follows: Meaningful service for non-emergency and emergency service must be initiated within 48 hours. If meaningful service is not initiated within 48 hours, You may engage Your own licensed repair provider at Our expense.

    In New Hampshire:
    The following statement has been added: In the event You do not receive satisfaction under this contract, You may contact the New Hampshire Insurance Department at New Hampshire Insurance Department, 21 South Fruit Street, Concord, New Hampshire 03301, telephone number 603-271-2261.

    In New Mexico:
    Section (I.) General Provisions #1., is amended to include the following: No service Agreement that has been in effect for at least (70) days may be cancelled by the provider before the expiration of the agreed terms or one year after the effective date of the service Agreement, whichever occurs first, except for the following reasons: 1.) Agreement holder's failure to make full payment by the due date. 2.) Conviction of a crime that results in an increase in the service required under the service Agreement. 3.) Discovery of fraud or material misrepresentation by the Agreement holder in obtaining the service Agreement or in presenting a claim for service there under. 4.) Discovery of either of the following if it occurred after the effective date of the service Agreement and substantially and materially increased the service required under the service Agreement: a.) An act or omission by the Agreement holder; or b.) A violation by the Agreement holder of any conditions of the service Agreement.

    In Oklahoma:
    Section (I.) General Provisions #1., is deleted and replaced with the following: You may cancel this Agreement for any reason at any time. To cancel, contact the Representative is writing. If You cancel after thirty (30) days, You will receive a pro-rata refund based on the time expired less a cancellation fee of 10% of the purchase price. No claim incurred or paid nor any repair made, will be deducted from the amount to be returned in the event of cancellation. We may not cancel this Agreement except for fraud, material misrepresentation or nonpayment by You. Notice of such cancellation will be mailed to You at least thirty (30) days prior to cancellation. If We cancel, the return premium is based upon one-hundred percent (100%) of the unearned pro-rata premium. The following statements have been added:
    o    Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association.
    o    Obligations of the obligor under this service Agreement are insured by a contract liability policy with Virginia Surety Company, Inc., 175 West Jackson Blvd. 11th Floor, Chicago, IL 60604.
    o    Oklahoma service warranty Statutes do not apply to commercial use references in service warranty contract.
    NOTICE: This service warranty is not issued by the manufacturer or wholesale company marketing the product. This warranty will not be honored by such manufacturer or wholesale company.

    In South Carolina:
    The following statement has been added: For customer services, contact South Carolina Department of Insurance, PO BOX 100105, Columbia, SC 29202-3105, Telephone # 1-803-737-6180.

    In Texas:
    Section (D.) Your Responsibilities Regarding Service is amended as follows: For any non-emergency, service will be initiated within 48 hours and completed as soon as reasonably possible

    The following statements have been added:
    This contract is issued pursuant to a license granted by the Texas Real Estate Commission, and complaints in connection with this contract may be directed to the Commission at PO Box 12188, Austin, TX 78711, phone # 512-465-3917. The purchase of a home warranty contract is optional and similar coverage may be purchased through other residential companies or insurance companies authorized to transact business in Texas.

    Throughout this Agreement, Agreement will be replaced with Contract.

    NOTICE:
    YOU THE BUYER HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS CONTRACT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL'S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY, OR THE ATTORNEY OF YOUR CHOICE. SIGNATURE__________________________________

    In Utah:
    Section (D.) Your Responsibilities Regarding Service is amended as follows: Emergency repairs: In the event an emergency repair is required outside of the normal business hours of the Administrator. You may engage Your own licensed repair provider without prior authorization. Emergency repair is defined as a failure that creates a risk to health or property and that such failure requires an immediate repair be made.
    Under section (F.) Exclusion #9 is replaced with the following: Repairs or replacements caused by pre-existing conditions, defects or deficiencies that occurred prior to the effective date of the Agreement.
    Section (F.) Exclusions #10 is amended as follows: Proof of loss should be furnished by You to Us as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim.
    Section (I.) General Provisions #1. is amended to include the following: We can cancel the Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel the Agreement during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel the Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement, (c) substantial breaches of contractual duties, conditions, or warranties.
    Section (I.) General Provisions #9. is amended as follows: Binding Arbitration: Any matter between You and the Company may be subject to arbitration as an alternative to court action pursuant to the rules of the American Arbitration Association (or other recognized arbitrator), a copy of which is available on request from the Company. Any decision reached by arbitration shall be binding upon both You and the Company. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction. There is no time limit to request arbitration.
    The following statement has been added: This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.
    The following statement has been added: Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guarantee Association.

    In Wisconsin:
    Section (F.) Exclusions #10 and Section (C) the first paragraph is amended as follows: Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim.
    Section (I.) General Provisions #1., the first paragraph is replaced with the following: This Agreement:
    a.) Can be cancelled by You within thirty (30) days of the effective date, and a full refund will be made less claims paid. To cancel, You must send written notice to Us.
    b.) Can be canceled by You after thirty (30) days of the effective date, and a pro-rata refund of the monthly Agreement charge will be made.
    To cancel, You must send written notice to 40 Oakview Drive, Trumbull, CT 06611-474.
    Section (I.) General Provisions #2. is amended to include: If We choose to non-renew, We will give sixty (60) days notice to You. We can only change the rate upon renewal. We will give sixty (60) days notice for any rate increase of 25% or more.
    Section (I.) General Provisions #8. is amended to include: The Insured will be made whole before the insurer may retain amounts it has recovered.
    The following statement has been added:
    This Agreement is subject to limited regulation by the office of the Commissioner of Insurance. Section (I.) General Provisions #9. is deleted in its entirety.

    In Wyoming:
    Section (I.) General Provisions #9. is amended to include the following: Arbitration can only be final and binding if agreed to by the parties involved and in a separate written Agreement.

    In Washington: The following statement has been added: Obligations of the obligor are insured by a service Agreement reimbursement policy with Virginia Surety Company, Inc., 175 West Jackson Blvd. 11th Floor, Chicago, IL 60604. You may make a claim directly with Virginia Surety Company, Inc. who insures the obligations of TWG Home Warranty Services, Inc. under this contract, at the following address: 175 West Jackson Blvd., Chicago, IL 60604.
    Section (I.) General Provisions #9. is amended to include the following: Arbitration must be held at the closest location to the service Agreement holder's address.

    In Arkansas, Maryland, Minnesota, New Mexico, New York, South Carolina, Washington & Wyoming:
    Section (I.) General Provisions #1., the first paragraph is replaced with the following: This Agreement:
    a.) Can be canceled by You within thirty (30) days of the receipt of this Agreement and the purchaser shall be entitled to a full refund. A ten percent (10%) penalty per month shall be added to a refund that is not paid within thirty (30) days after the provider receives a written request to cancel from the Agreement holder. The refund shall be paid to the purchaser, or to the person authorized by the purchaser.
    To cancel, You must send written notice to 40 Oakview Drive, Trumbull, CT 06611-474.

    In Illinois & Utah:
    Section (I.) General Provisions #1., the first paragraph is replaced with the following:
    This Agreement:
    a.) Can be canceled by You within thirty (30) days of the receipt of this Agreement and the purchaser shall be entitled to a full refund.
    b.) Can be canceled after thirty (30) days of the receipt of this Agreement, and a pro-rata refund of the monthly Agreement charge will be made less any claims paid.
    To cancel, You must send written notice to 40 Oakview Drive, Trumbull, CT 06611-474.

    In Hawaii, Minnesota, and South Carolina:
    The following statement has been added: This is not a contract of insurance. Obligations of the obligor under this service Agreement are insured by a service contract reimbursement policy with Virginia Surety Company, Inc., 175 West Jackson Blvd. 11th Floor, Chicago, IL 60604.

    In Alabama, Arizona, Georgia, Illinois, Kentucky, Montana, New Hampshire, New York, North Carolina, Utah Wisconsin, and Wyoming:
    The following statement has been added: This is not a contract of insurance. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy issued by Virginia Surety Company, Inc. with home offices located at 175 West Jackson Blvd. 11th Floor, Chicago, IL 60604, 1-800-209-6206. If we fail to pay any valid claims within sixty (60) days after proof of loss has been filed, You are entitled under state law to make a claim directly against Virginia Surety Company, Inc. at the address shown above.

    In Alabama, Iowa, Massachusetts, Oklahoma, Texas, and Wisconsin:
    Section I General Provisions, # 9 replace "Illinois" with the Agreement holders state of residency.

    MEM-NAT-COMP (12.11)

    Trilegiant Corporation, together with Trilegiant Insurance Services, Inc. which offers the home warranty benefit, are the providers of National Home Protection Alliance. Restrictions may apply. Please see membership materials for details. For any questions regarding this service, please call toll free 1-800-514-6472. National Home Protection Alliance is a service mark of Trilegiant Corporation.

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