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Service Line Warranties of America 3 SC-WSL1300-NAW-SLWA [XXXX] SC-WSL1300-NAW-SLWA-H055-021317 Privacy Policy: Any information You provide SLWA will be accessed, collected, used, transmitted, disclosed, stored, maintained and otherwise handled to administer Your Service Agreement by SLWA or its group of companies, including, but not limited to, disclosing Your address, telephone number, and other contact information to third parties who conduct services on SLWA’s behalf. SLWA or its group of companies and their selected partners may also use Your data to keep You informed by mail, telephone or email of any products or services which they consider may be of interest to You and related to this Service Agreement. For further details on how SLWA uses Your information, please see their Privacy Policy at www.homeserveusa.com/Customer_Data_Privacy_Policy.html. Should You have any questions or concerns about SLWA’s Privacy Policy or how they are using Your information or to update Your privacy preferences, please contact SLWA. Assignment/Amendment: We reserve the right to change this Service Agreement (including the price or to charge an additional fee) and to delegate any of Our obligations at Our sole discretion provided We give You thirty (3 0) days’ prior written notice of the chang es. The changes will beco me effective thirty (30) days after We send You the notice. If You do not like the changes, You may cancel this Service Agreement. You may not change this Service Agreement or delegate any of Your obligations. Should certain terms or conditions in this Service Agreement be held to be invalid or unenforceable, the r emainder of the ter ms and conditions in this Service Agreement shall remain valid. Transfer: This Service Agr eement is not transferable by You. Responsi bility for benefits owed to You: This is not an insurance policy; it is a Service Agreement. SLWA will serve as Your point-of-contact for all questions or concerns. Our obligations under this Service Agreement are insured under a service contract reimbursement insurance policy. If We fail to pay or to deliver service on a claim within sixty (60) days after proof of loss has b een filed, or in the event You cancel this Service Agreement and We fail to issue any applicable refund within sixty (60) days after cancellation, You are entitled to make a claim against the insurer, Virginia Surety Company, Inc., 175 West Jackson Blvd., 11th Floor, Chicago, IL 60604, 1-800-209-6206. Our Liability: To the extent permitted by applicable law, (1) You agree that We, SLWA and HomeServe, and all of their parents, successors, affiliates, approve d technicians and our and their off icers, directors, employees, affiliates, agents and contractors shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the lowest a pplicable per covered repair benefit limit set out above; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, including those caused by any fault, failure, delay or defect in providing services under this Service Agreement, and (2) these limitations and waivers shall apply to all claims and all li abilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary fro m state to state. Arbitration: YOU, NAW, SLWA AND HOMESERVE ALL AGREE TO RESOLVE DISP UTES ONLY BY FINAL AND BINDING ARBITRATION OR IN SMALL C LAIMS COURT as follows: A. EXCEPT FOR S MALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS SERVICE AGREEMENT OR FROM AN Y OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR C LAIM TO BE O WE D FROM NAW, SLWA, OR HOMESERVE, WILL BE RESOLVED BY FIN AL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBIT RATION ASSOCIATION (“AAA”), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON . Arbitration will apply not only to claims against NAW, SLWA, or HomeServe, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of NAW, SLWA or HomeServe. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the par ties. The federal arbitration act (9 U.S.C. §§ 1 et seq.) and not any state law applies to this agreement. B. For claims of $10,000 or less, the party bringing the claim can choose to proceed by way of binding arbitration pursuant to the AAA’s rules or, alternatively, can bring an individual action in small claims court. C. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that You may not be a represent ative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any claim. Notwithstanding any other provision of this Service Agreement, the arbitrator shall not have the power to deter mine that class arbitr ation is permissible. The arbitrator also shall not hav e the power to preside over class or collective arbitration, or to award any form of class -wid e or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual p arty seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representativ e o r private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this Service Agreement. D. SLWA will pay any filing fee, administration, service or case manag ement fee, and arbitrator fee that the AAA charges You for arbitration of the dispute, up to a maximum of $1,500; pro vided, however, that the arbitr ator may award costs and expenses to any p arty, if allowed by law. If You provide us with signed written notice that You cannot pay the filing fee, SLWA will pay the fee directly to the AAA.