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<br />Service Line Warranties of America
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<br />SC-IPD230-00-00-NAW-SLWA 3 [xxxx]
<br /> SC-IPD230-00-00-NAW-SLWA-H068-021517
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<br />You informed by mail, telephone or email of any products or services which they consider may be of interest to You and
<br />related to this Service Agreement. For further details on how SLWA uses Your information, please see their Privacy Policy
<br />at www.homeserveusa.com/Customer_Data_Privacy_Policy.html. Should You have any questions or concerns about SLWA’s
<br />Privacy Policy or how they are using Your information or to update Your privacy preferences, please contact SLWA.
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<br />Assignment/Amendment: We reserve the right to change this Service Agreement (including the price or to charge an
<br />additional fee) and to delegate any of Our obligations at Our sole discretion provided We give You thirty (30) days’ prior
<br />written notice of the changes. The changes will become effective thirty (30) days after We send You the notice. If You do
<br />not like the changes, You may cancel this Service Agr eement. You may not change this Service Agreement or delegate any
<br />of Your obligations. Should certain terms or conditions in this Service Agreement be held to be invalid or unenforceable,
<br />the r emainder of the ter ms and conditions in this Service Agreement shall remain valid.
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<br />Transfer: This Service Agr eement is not transferable by You.
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<br />Responsi bility for benefits owed to You: This is not an insurance policy; it is a Service Agreement. SLWA will serve as
<br />Your point-of-contact for all questions or concerns. Our obligations under this Service Agreement are insured under a
<br />service contract reimbursement insurance policy. If We fail to pay or to deliver service on a claim within sixty (60) days
<br />after proof of loss has b een filed, or in the event You cancel this Service Agreement and W e fail to issue any applicable
<br />refund within sixty (60) days after cancellation, You are entitled to make a claim against the insurer, Virginia Surety
<br />Company, Inc., 175 West Jackson Blvd., 11th Floor, Chicago, IL 60604, 1-800-209-6206.
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<br />Our Liability: To the extent permitted by applica ble law, (1) You agree that We, SLWA and HomeServe, and all of
<br />their parents, successors, affiliates, approve d technicians and our and their off icers, directors, em ployees,
<br />affiliates, agents and contractors shall not be liable to You or anyone else for: (a) any actual losses or direct
<br />damages that exceed the lowest a pplicable per covered repair benefit limit set out abo ve; or (b) any amount of
<br />any form of indirect, special, punitive, incidental or consequential losses or damages, including those caused
<br />by any fault, failure, delay or defect in providing services under this Service Agreement, and (2) these limitations
<br />and waivers shall apply to all claims and all li abilities and shall survive the cancellation or expiration of this Service
<br />Agreement. You may have other rights that vary fro m state to state.
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<br />Arbitration: YOU, NAW, SLWA AND HOMESERVE ALL AGREE TO RESOLVE DISP UTES ONLY BY FINAL AND
<br />BINDING ARBITRATION OR IN SMALL C LAIMS COURT as follows:
<br />A. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE T HAT IN ANY WAY RELAT ES TO OR
<br />ARISES OUT OF THIS SERVICE AGREEMENT OR FROM AN Y OTHER AGREEMENT BETWEEN US, OR SERVICES OR
<br />BENEFITS YOU RECEIVE OR C LAIM TO BE OWE D FROM NAW, SLWA, OR HOMESERVE, WILL BE RESOLVED BY FINAL
<br />AND BINDING ARBIT RATION BY ON E OR MO RE ARBITRATORS BEFORE THE AMERICAN ARBITRATION
<br />ASSOCIATION (“AAA”), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTU ALLY AGREE UPON .
<br />Arbitration will apply not only to claims against NAW, SLWA, or HomeServe, but also claims against the officers,
<br />directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of NAW, SLWA or HomeServe.
<br />Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this
<br />paragraph became binding on the parties. Th e federal arbitration act (9 U.S.C. §§ 1 et seq.) and not any state law applies
<br />to this agreement.
<br />B. For claims of $10,000 or less, the party bringing the claim can choose to proceed by way of binding arbitration
<br />pursuant to the AAA’s rules or, alternatively, can bring an individual action in small claims court.
<br />C. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A C LASS ACTION . This means that You may not be a representative
<br />or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any
<br />claim. Notwithstanding any other provision of this Service Agreement, the arbitrator shall not h ave the power to determine
<br />that class arbitration is permissible. The arbitrator also shall not hav e the power to preside over class or collective
<br />arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitr ator shall have power to award
<br />mon ey or injunctiv e relief only in favor of the individual p arty seeking relief and onl y to the extent necessary to provide
<br />relief warranted by that party’s individual claim. No class or representative o r private attorney general theories of
<br />liability or prayers for relief may be maintained in any arbitration held under this Service Agreement.
<br />D. SLWA will pay any filing fee, administration, service or case manag ement fee, and arbitrator fee that the AAA charges
<br />You for arbitration of the dispute, up to a maximum of $1,500; provided, however, that the arbitr ator may award costs
<br />and expenses to any party, if allowed by law. If You provide us with signed written notice that You cannot pay the
<br />filing fee, SLWA will pay the fee directly to the AAA.
<br />E. If for some reason th e prohibition on class arbitrations set forth in Subsection C cannot be enforced, then the
<br />agreement to arbitrate will not apply.
<br />F. IF FOR ANY RE ASON A C LAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU , NAW, SLWA
<br />AND HOMESERVE AGREE THAT THERE WILL NO T BE A JURY TRIAL. You, NAW, SLWA and HomeServe unconditionally
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