2011_01 Staples Technical + Protection Warranty 482951
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Types of service: Technical & Protection Plan (TSPP) provides you with:* • 24/7 technical **
• Carry-in: We will refer you to the nearest authorized repair center for service. • Express shipping: We will provide prepaid shipping to and from our repair facility.
• 24/7 customer service • Online diagnostic self-help with real-time Web chat at www.staplesesp.com • Coverage to protect against normal wear and tear, as well as mechanical and electrical failure
• On-site: We will do our best to repair your product at your home or workplace. If needed, we will pay for shipping to a designated service provider.
• 100% parts-and-labor coverage from date of purchase • Power surge coverage up to $1,000 • Worldwide service for U.S. residents • Transferable coverage • One-time replacement if product cannot be repairedf
Technical & Protection Plan Plus (TSPPlus) also provides you with:* • All TSP Plan benefits, plus extra coverage for laptops and digital cameras • Accidental damage coverage from date of purchase to protect against spills, drops and cracks *Some restrictions apply. See and Conditions for complete details. TSPPlus not available in MA or ID. **Technical provided for personal computers or laptops and those covered products (hardware and preloaded software) connected to personal computers or laptops. 'Possibly with rebuilt or refurbished product. Plan ends with replacement
In Florida, the Obligor is United Service Protection Inc.
Technical and Protection Plan Plus (TSPPlus) IF YOU PURCHASED THIS OPTIONAL TSPPlus, AS INDICATED ON YOUR SALES RECEIPT, THIS ADDENDUM CHANGES THE AND CONDITIONS. PLEASE READ IT CAREFULLY. The obligor of this Plan is Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348, (770) 763-1000. However, if You live in Massachusetts, this Plan is an agreement between the Obligor/Provider of this Plan, Staples, Inc., and You, the purchaser. If You live in California, this Plan is an agreement between the Obligor/Provider of this Plan, Sureway, Inc., and You, the purchaser. if You live in Florida, this Plan is an agreement between the Obligor/Provider of this Plan, UNITED SERVICE PROTECTION, INC., and You, the purchaser. If You live in Oklahoma, this Plan is an agreement between the Obligor/ Provider of this Plan, Assurant Service Protection, Inc., P. 0. Box 888050, Lawton, OK 73506-8050, and You, the purchaser.
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The Technical and Protection Plan ( and Conditions), together with this Technical and Protection Plan Plus Addendum (Addendum) and the sales receipt or other evidence of purchase of the Plan (with Technical and Protection Plan Pius SKU number), shall collectively constitute the entire Contract relating to Your TSPPlus Plan coverage. These agreements, collectively, supersede all prior agreements and understandings, written or oral, conceming the subject matter herein.
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Coverage: Subject to the and Conditions and this Addendum, the provisions of TSPPlus, provide for the repair or replacement (as applicable) of Your covered Laptop or Digital Camera resulting from normal wear and tear including accidental damage (such as drops, liquid spills, and cracks) and failures that occur during normal use and operation in accordance with the manufacturers written specifications. If We are unable to repair Your product or We deem that repair is not cost effective, We have the option to replace Your covered product with a new, rebuilt or refurbished product of equal or similar features and functionality, or, at Our option, We will issue a Staples Cash Card settlement for an amount up to the current retail cost of a replacement product of equal or similar features and functionality. The Staples Cash Card may only be used in Staples stores and is not redeemable for cash or credit. Replacement parts will be new, rebuilt or non-original manufacturers parts that perform to the factory specifications of the product at Our option. In no event shall We be liable for any damages as a result of the unavailability of repair parts. Replacement of Your covered product, or issuance of a Staples Cash Card settlement shall fulfill this TSPPlus Plan in its entirety and will cancel and discharge all further obligations under this TSPPlus Plan, where allowed by law. We must approve all repairs before they are performed. Exclusions from Coverage Is deleted in its entirety and replaced as follows:
ing your plan is easy! Do it today. To ensure pr• ; ervice, reg -r for your Staples upport & • otection P n quickly and easily Tech .staplesesp.com or f. a copy of your receipt . ong with your name, addre-., phone number and email as ess to 1-877-610-3s : • . You can also send them to ESP Pro. . , iox 888050, Lawton, OK, 73506-8050
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Exclusions from Coverage: This TSPPlus Plan does not cover any loss, repair or replacement necessitated by acts of God; consequential or incidental damages which include, but are not limited to, any delay in rendering service, loss of data, or loss of use during the repair period of the product(s) or while otherwise awaiting parts; intentional damage, insect infestation, misuse, abuse or damage caused by non-authorized repair personnel or preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to The issuance of the TSPPlus Plan. Also not covered are replacement costs for lost or consumable parts (knobs, remotes, cartridges, drums, etc.) and problems due to improper and / or non-factory authorized installation or repairs. This TSPPlus Plan does not cover cosmetic damages to any products, components or consumable parts covered under this TSPPlus Plan. This TSPPius Plan does not cover products used for public rental or communal use in multi-family housing. This TSPPlus Plan does not cover loss or damage to stored data, repairs related to installed software, computer viruses, restoration of software to Your product or computer hardware that is added after the original purchase. This TSPPlus Plan does not cover "no problem found" diagnosis or any defects that are subject to a manufacturer's program of reimbursement.. You are responsible for backing up all software prior to commencement of any product repair or replacement ALL OTHER AND CONDITIONS REMAIN THE SAME. FW2381 - 0605
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AND CONDITIONS: To obtain Service OR to receive Technical on Your covered product under this Plan, call toll free 1-866-782-9155, and make Your selection. This Plan is not an insurance contract "You" and "Your" indicates the purchaser of this Service Plan (Plan), a resident of the United States. "We", "Us", and "Our" indicates the Obligor/Provider of this Plan. This Plan is an agreement between the Obligor/Provider of this Plan, Federal Warranty Service Corporation, and You, the purchaser. However, if You live in Massachusetts, this Plan is an agreement between the Obligor/Provider of this Plan, Staples, Inc., and You, the purchaser. If You live in California, this Plan is an agreement between the Obligor/Provider of this Plan, Sureway, Inc., and You, the purchaser. If You live in Florida, this Plan is an agreement between the Obligor/Provider of this Plan, UNITED SERVICE PROTECTION, INC., and You, the purchaser. [Federal Warranty Service Corporation, P. O. Box 888050, Lawton, OK 73506-8050] is the of this Plan in all states except Florida. In Florida, THIS PLAN IS ISTERED BY UNITED SERVICE PROTECTION, INC. If You live in Oklahoma, this Plan is an agreement between the Obligor/Provider of this Plan, Assurant Service Protection, Inc., P. 0. Box 888050, Lawton, OK 73506-8050, and You, the purchaser. The obligations assumed under the of this Plan are fully insured at the date of sale by an Insurer rated "Excellent" by A.M. Best. You must present this document and Your sales receipt for any product repair, replacement, exchange or voucher credit. The sales receipt You receive for the Plan coverage of the product shall become a part of the Plan. Refer to Your original sales receipt for the Plan term. Product Eligibility: This Plan covers only products used primarily for personal, family or household purposes or in a small office or home office setting. Covered product(s) must be purchased as new, manufactured for use in the United States and include a manufacturer's original written warranty of at least 90 days of carry-in parts and labor coverage. THIS PLAN IS INCLUSIVE OF THE MANUFACTURER'S WARRANTY; THIS PLAN DOES NOT REPLACE THE MANUFACTURER'S WARRANT( THIS PLAN BEGINS WITH THE DATE OF PURCHASE EXCEPT FOR FLAT SCREEN MONITORS AND COPIER (SEE FLAT SCREEN MONITOR AND COPIER COVERAGE SECTIONS BELOW FOR DETAILS). During the manufacturer's warranty period, the manufacturer is responsible for items covered under its express warranty; and We will pay for other covered items herein, not covered by the manufacturer's warranty. This Plan covers the following components in a computer system if purchased at the same time: motherboard and all resident components, internal power supply, all internal cards, monitor; two floppy drives, 1 hard disk drive, 1 CD-ROM drive, 1 DVD drive, keyboard, mouse and printer. Laptop, Personal Digital Assistant, and flat screen monitor screen replacements are limited to one screen replacement during the term of the Plan. Coverage: This Plan provides coverage for product failures due to normal wear and tear. If We are unable to repair Your product or We deem that repair is not cost effective, We have the option to replace Your covered product with a new, rebuilt or refurbished product of equal or similar features and functionality, or, at Our option, We will issue a Staples Cash Card settlement for an amount up to the current retail cost of a replacement product of equal or similar features and functionality. The Staples Cash Card may only be used in Staples stores and is not redeemable for cash or credit. Replacement parts will be new, rebuilt or non-original manufacturer's parts that perform to the factory specifications of the product at Our option. In no event shall We be liable for any damages as a result of the unavailability of repair parts. Replacement of Your covered product, or issuance of a Staples Cash Card settlement shall fulfill this Plan in its entirety and will cancel and discharge all further obligations under this Plan, where allowed by law. We must approve all repairs before they are performed. Refurbished Product Eligibility: A covered refurbished product must be manufactured for use in the United States and include a manufacturer's original written warranty of at least 90 days of carry-in parts and labor coverage. Refurbished products are not eligible for renewal coverage. Flat Screen Monitor Coverage: Flat Screen Monitor component coverage commences upon the expiration of the shortest portion of the manufacturer's limited warranty. Parts and labor coverage during the manufacturer's warranty period are the responsibility of the manufacturer. However, Screen Replacement Coverage for Your Flat Screen Monitor is available from date of product purchase and is limited to One screen replacement over the life of the term of Your Plan. The one time replacement of Your screen does not fulfill the Plan in its entirety. Copier Coverage: Copier coverage commences upon the expiration of the shortest portion of the manufacturer's limited warranty. Parts and labor coverage during the manufacturer's warranty period are the responsibility of the manufacturer. Power Surge: Damage from power surge to Your covered product will be covered up to
a maximum of $1,000.00 over the life of the Plan, but You must first make a claim with Your Homeowner's/renter's insurance carrier to avoid duplicate recovery. Bundled Products: The plan covers a bundle products sale that includes one PDA or Digital Camera and one separate other computer peripheral. Covered products must be sold as one item. On-Site/Express Shipping Protection Plan: During the manufacturer's warranty, calls may not be scheduled until authorized by the manufacturer. An adult of legal age must be present at the location where on-site service will occur. If You are required to ship Your covered product, (including notebooks, laptops, ink jet printers, fax machines, monitors, CD-ROM drives, disk drives, and tape back-up systems) due to its sensitive nature or because You live outside the 50-mile radius of an authorized service center, We will pay the shipping charges. CARRY-IN Protection Plan: You are responsible for transporting or shipping (postage pre-paid and insured) Your product to the designated service center. if We require You to ship Your Product, any shipping charges You incur will be paid for by the Plan. If authorized service is performed, the product will be shipped back to You at no additional cost Component Replacement Guarantee: If any component in Your covered product fails three times due to the same problem, this Plan will replace the product or component with a product or component of equal or similar features and functionality or like kind and quality. The Component Replacement Guarantee does not include repairs performed by the manufacturer under its limited warranty. • Worldwide Service: Worldwide Service provides coverage for Your product outside the manufacturer's warranty when You travel overseas. You may call the telephone number listed in Your Plan collect to obtain detailed instructions and a repair authorization number prior to wort( being done. Note: Worldwide Service does not include on-site service. You must be a resident of the U. S. and be traveling overseas to be eligible for Worldwide Service. Telephone Technical Hardware and Software Please refer to the list of products in this brochure for which telephone technical assistance is available. The technical service representative will assist You on the telephone to determine what technical difficulties may exist with software applications that are preloaded on Your new U from the original manufacturer. To the extent that Our diagnosis confirms a hardware failure, We will assist You in arranging service for Your covered product Our level of service expertise cannot customized or proprietary software, those applications that were installed after Your original product purchase, or those software errors that confirm improperly functioning or defective software. Additionally, the Plan does not provide education on how to utilize or perform tasks using any type of software program, preloaded or other. Important Consumer Information: if We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a written claim directly against [American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157], who insures Our obligations under this agreement. if Staples, Inc. exchanges or You sell the product, You must advise Us in writing at [P.O. Box 888050, Lawton, OK 73506-8050] within ten (10) days of the exchange or sale. The cancellation provisions of the Plan apply only to the original purchaser of the Plan, except in Califomia. This Plan may be transferred by You. Only We can modify this Plan. [To learn more about how United Service Protection, Inc., American Reliable Insurance Company, Federal Warranty Service Corporation, Sureway, Inc., member companies of Assurant Solutions, use Your personal information, please visit the page on Our web site at [www.assurantsolutions.com].] Exclusions from Coverage: This Plan does not cover any loss, repair or replacement necessitated by acts of God, accidental, consequential, incidental or intentional damage, spilled liquids, insect infestation, misuse, abuse or damage caused by non-authorized repair personnel or preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan. Also not covered are replacement costs for lost or consumable parts (knobs, remotes, cartridges, drums, etc.) and problems due to improper and/or non-factory authorized installation or repairs. This Plan does not cover cosmetic damages to any products, components or consumable parts covered under this Plan. This Plan does not cover products used for public rental or communal use in multi-family housing. This Plan does not cover loss or damage to stored data, repairs related to installed software, computer viruses, restoration of software to Your product or computer hardware that is added after the original purchase. This Plan does not cover "no problem found" diagnosis or any defects that are subject to a manufacturer's program of reimbursement You are responsible for backing up all software prior to commencement of any product repair or replacement Disclaimer of Certain Liabilities: This Plan is not intended to create or limit any implied warranties conceming Your product, which may or may not exist under applicable law. Cancellation: You may cancel Your Plan within thirty (30) days of date Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund in the amount of
100% of the Plan purchase price, less the cost of any repairs made, except as otherwise required by law. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at [P.O. Box 105687, Atlanta, GA 30348-5687], or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an istrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less, except as otherwise required by law. A ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of the Plan to Us. The effective date of cancellation is the date We receive the request for cancellation. if We must cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and retum the full purchase price of the Plan to You. Renewal: To inquire if renewal coverage is available, please call Staples at 1-866-417-8576 for pricing and details. Arbitration: READ THE FOLLOWING ARBITFtAT1ON PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION. As used in this Provision, "You" and "Your" mean the person or persons named in this Plan, and all of his/her heirs, survivors, assigns and representatives. And, "We" and "Us" shall mean the Obligor identified above and shall be deemed to include all of its agents, s, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees, and employees of any of the foregoing entities. Any and all Claims, disputes, or controversies of any nature whatsoever (whether in Plan, tort or otherwise, (whether by misrepresentation or by omission)) arising out of, relating to, or in connection with (1) this Plan or any prior Plan, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Plan ("Claim"), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be istered by the American Arbitration Association ("MA") in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the MA in effect at the time the Claim is filed. The of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the MA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision. This Provision shall inure to the benefit of and be binding on You and Us and it shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Plan. You agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, you may BEAR at 1-800-952-5210, or you may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highland, California 95660, or you may visit their website at www.bearta.gov . These special state disclosures apply if Your Plan was delivered to one of the following states and supersedes any other provisions herein to the contrary: Alabama only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. Arizona only: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. We will not cancel or void this Plan due to preexisting conditions, prior use or unlawful acts relating to the product or misrepresentation by Us or Our subcontractors. We may cancel this Plan only in the event of fraud, material misrepresentation or non-payment by You. The following statement has been added to the arbitration provision of Your Plan: This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints as outlined by the Arizona Department of Insurance. To leam more about this process, you may the Arizona Department of Insurance at 2910 N. 44th St., 2nd Fl. Phoenix, AZ 85018-7256, Attn: Consumer Affairs. Arkansas only: The obligations under this Plan are insured by a policy of Insurance
issued by American Bankers Insurance Company of Florida, at the following address [11222 Quail Roost Drive, Miami, FL 33157]. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (10) days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after return of the Plan. The right to void this Plan is not transferable and applies to only to the original purchaser. If You have an emergency that does not fall within normal business hours, please Us at the toll free number listed at the top of this Plan. California only: The Seller of this Plan is Staples, Inc., 500 Staples Drive, Framingham, MA 01702. Obligor under this Plan is Sureway, Inc., [11222 Quail Roost Drive, Miami, FL 33157]. You may cancel this Plan after thirty (30) days from the date of Plan receipt by ing the in the manner described above, and You will receive a pro rata refund of the Plan purchase price, less the cost of repairs made (ft any), and less an istrative fee of ten percent (10%) of the Plan price up to twenty-five dollars ($25.00). Colorado only: Action under this Plan 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.R. S. A party to this Plan may have a right of civil action under the laws, including obtaining the recourse or penalties specified in such laws. Connecticut only: Your Plan term is automatically extended by the length of time in which the covered product is in Our custody for repair. If You have a dispute with Us, You may the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the product the cost of repair of the product, and a copy of the Plan. You have a right to cancel this Plan if you return the product or if it is lost, stolen or destroyed. Florida only: If You cancel this Plan, You will receive a refund equal to ninety percent (90%) of the unearned pro rata purchase price less any Claims that have been paid or less the cost of repairs of the product If We cancel the Plan, You will receive one hundred percent (100%) of the unearned pro rata purchase price. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. Georgia only: If You purchase Your Plan in Georgia, You are entitled to cancel this Plan at anytime. Cancellation will comply with Section 33-24-44 of the Georgia Code.Any refund owed in the event of cancellation shall be determined on the excess of the Plan purchase price above the customary short rate for the expired term of the Plan, and no Claim paid or incurred shall be deducted from any refund owed. We are also entitled to cancel this Plan at any time based upon fraud, misrepresentation, or failure to pay for the Plan, and notice of cancellation by Us will be given at least thirty (30) days prior to cancellation. You will be refunded the unearned pro rata purchase price of this Plan. Arbitration is deleted in its entirety. Under the "Exclusions from Coverage" section the following sentence has been amended: Preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan known to You. Hawaii only: Prior notice by Us is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. If You have a question or complaint, You may the Insurance Commissioner, 250 South King Street, 5th Floor, Honolulu, Hawaii 96813. Illinois only: The cancellation fee is equal to the lesser of ten percent (10%) of the Plan purchase price or fifty dollars ($50.00). If you Plan includes the optional accidental damage addendum, the intentional damage exclusion does not apply to You due to the addendum providing coverage for normal wear and tear including accidental damage. Maryland only:The right to return (cancel) the Plan applies only to the original purchaser of the Plan. We will pay a penalty of 10% of the Plan purchase price per month on a refund that is not paid or credited within forty-five (45) days after return of the Plan to us. "Purchase price" shall refer to the purchase price of the covered product(s) as shown on Your sales receipt Minnesota only: Under the "Important Consumer Information" section the first sentence has been replaced with the following: If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to American Reliable Insurance Company, who insures our obligations under this Plan, at the following address 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 1-800-852-2244. You may cancel Your Plan within thirty (30) days of date Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund or credit in the amount of 100% of the Plan purchase price. You may cancel Your
Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at [P.O. Box 105687, Atlanta, GA 30348-5687], or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid Of any), and less an istrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less. The right to void this Plan is not transferable and applies only to the original purchaser. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of this Plan to us. The effective date of cancellation is the date We receive the request for cancellation. We may cancel this Plan based on one or more of the following reasons: (A) non-payment of the Plan purchase price; (B) a material misrepresentation made by You; or (C) a substantial breach of duties by you. if we cancel this Plan for any of the above reasons, we will mail written notice of cancellation to you at least five (5) days prior to the effective date of cancellation. If we cancel this Plan for any other reason, we will mail written notice of cancellation to you at least fifteen (15) days prior to the effective date of cancellation stating the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. if this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. Mississippi only The Arbitration Provision is deleted in its entirety. Missouri only; The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address [11222 Quail Roost Drive, Miami, FL 33157]. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, induding a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (lp days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after return of the Plan. The right to void this Plan is not transferable and applies to only to the original purchaser. If You have an emergency that does not fall within normal business hours, please Us at the toll free number listed at the top of this Plan. Nevada only: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. If We are unable to repair Your product, replacement of Your covered product will be provided for with a store voucher or check equal to the original purchase price of the covered product Refund of the original product purchase price will fulfill this agreement in its entirety and will cancel and discharge all further obligations under this Service Plan. With respect to each product covered under this Plan, Our liability is limited to the original retail purchase price You paid for such product. We may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions:failure to pay the Plan purchase price; the conviction of You of a crime which results in an increase in the service required under the Plan; fraud or material misrepresentation by You in purchasing the Plan or obtaining service; the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases The service required under the Plan; or a material change in the nature or extent of the service required under the Plan which occurs after the purchase of the Plan and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We cancel the Plan, You will be refunded the unearned pro rata purchase price of the Plan. New Hampshire only: In the event you do not receive satisfaction under this Plan, you may the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416. New Mexico only: The may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions: (a) failure to pay the Plan purchase price; (b) the conviction of You of a crime which results in an increase in the service required under the Plan; (c) fraud or material misrepresentation by You in purchasing the Plan or obtaining service; (d) or the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under The Plan. If the cancels, You will receive a refund equal to the unearned pro rata purchase price less the cost of any repairs made. New York only: You may cancel this Plan at any time after thirty (30) days from receipt and receive a pro rata refund of the purchase price less the value of any service received. is not required to mail You written notice if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by You relating to The covered property or its use. North Carolina only: The purchase of a Plan is not required in order to obtain financing. Oklahoma only THE PLAN IS NOT ISSUED BY THE MANUFACTURER OR WHOLESALE COMPANY MARKETING THE PRODUCT. THIS PLAN WILL NOT BE HONORED BY SUCH MANUFACTURER OR WHOLESALE COMPANY. The Cancellation provision of Your Plan is deleted in its entirety and amended to include the following: if You cancel the Plan, You
shall receive a refund equal to ninety percent (90%) of the uneamed pro rata purchase price. if We cancel this Plan, You shall receive a refund equal to one hundred percent (100%) of the unearned pro rata purchase price of the Plan. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. South Carolina only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. You are responsible for providing normal household cleaning and any non-technical cleaning as described in Your manufacturer's instruction manual for Your Personal Computer. This Plan does not provide coverage for pre-existing conditions. If You have a question, a complaint or Your Claim is not handled in a timely manner; You may the South Carolina Department of Insurance, R O. Box 100105, Columbia, South Carolina, 29202-3105, Telephone (80p 768-3467. Texas only: Prior notice by Us is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or it's use, or a substantial breach of Your duties relating to the covered product or its use. If You have a question or complaint, You may the Texas Department of Licensing and Regulations, R 0. Box 12157, Austin, Texas 78711, (800) 803-9202 or (512) 4636599. The obligations under this Contract are insured by a policy of insurance issued by [American Bankers Insurance Company of Florida], 11222 Quail Roost Drive, Miami, FL 33157. In the event any covered service is not paid within 60 days after proof of loss has been filed, or if a refund or credit is not paid before the 46th day after the date on which the contract is returned to Us, You may apply directly to American Bankers Insurance Company of Florida. Utah only: Coverage afforded under the Plan is not guaranteed by the Property and Casualty Guaranty Association. We can cancel this Plan during the first sixty (60) days of an annual term by mailing to You a notice of cancellation at least thirty po) days prior to the effective date of cancellation except that We can also cancel this Plan during such time period for nonpayment of by mailing You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Plan by mailing a cancellation notice to You at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) nonpayment of ; (b) material misrepresentation; (c) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (d) substantial breach of contractual duties, conditions, or warranties. The single pay Plan purchase price is included on the sales receipt You received for the Plan coverage. Refer to Your original sales receipt for the purchase price. Arbitration is deleted in its entirety. This Plan does not have a deductible. Washington only: Important Consumer Information: Obligations of the Service Contract Provider under this Plan are backed by the full faith and credit of the Service Contract Provider. ItYou have an emergency that does not fall within normal business hours, please Us at the toll free number listed at the top of the Plan. The following statements have been added to the arbitration provision of Your Plan: "We" and uus" shall mean the Provider identified above and shall be deemed to include all of its agents, s, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees, and employees of any of the foregoing entities. Nothing in the section headed 'Arbitration' shall invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Plan. All arbitrations will be held in the county in which You maintain Your permanent residence. /Provider is the entity that is responsible for the istration of the Plan which is Federal Warranty Service Corporation [P.O. Box 105689, Atlanta, GA 30348-5689, 1-866-864-8742]. Provider Fee/Plan Purchase Price means the consideration paid by You for the Plan. Service Contract/Plan means a Plan which You have purchased for the Product described on the sales receipt. Service Contract Holder/You/ Your means the person who is the purchaser or holder of the Plan as shown on the sales receipt. Service Contract Provider/We/Us/Our means Federal Warranty Service Corp. who is contractually obligated to the Service Plan Holder under The of The Plan. Wisconsin only: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER DF INSURANCE. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. Unauthorized repairs may not be covered. Wyoming only: The Arbitration Provision of Your Plan is deleted. It is not applicable to You. Prior notice by Us is required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. The purchaser may cancel this Plan within fifteen (15) days of The date of purchase. shall return one hundred percent (100%) of the purchase price, less an istrative fee of ten percent (10%) of the Plan price up to twenty-five dollars ($25.00). Unauthorized repairs may not be covered. We will not deny or reduce a Claim solely because You did not obtain preauthorization if we are not prejudiced by Your failure to notify Us. FW2045 - 1204
V9 - 1007
Types of service: Technical & Protection Plan (TSPP) provides you with:* • 24/7 technical **
• Carry-in: We will refer you to the nearest authorized repair center for service. • Express shipping: We will provide prepaid shipping to and from our repair facility.
• 24/7 customer service • Online diagnostic self-help with real-time Web chat at www.staplesesp.com • Coverage to protect against normal wear and tear, as well as mechanical and electrical failure
• On-site: We will do our best to repair your product at your home or workplace. If needed, we will pay for shipping to a designated service provider.
• 100% parts-and-labor coverage from date of purchase • Power surge coverage up to $1,000 • Worldwide service for U.S. residents • Transferable coverage • One-time replacement if product cannot be repairedf
Technical & Protection Plan Plus (TSPPlus) also provides you with:* • All TSP Plan benefits, plus extra coverage for laptops and digital cameras • Accidental damage coverage from date of purchase to protect against spills, drops and cracks *Some restrictions apply. See and Conditions for complete details. TSPPlus not available in MA or ID. **Technical provided for personal computers or laptops and those covered products (hardware and preloaded software) connected to personal computers or laptops. 'Possibly with rebuilt or refurbished product. Plan ends with replacement
In Florida, the Obligor is United Service Protection Inc.
Technical and Protection Plan Plus (TSPPlus) IF YOU PURCHASED THIS OPTIONAL TSPPlus, AS INDICATED ON YOUR SALES RECEIPT, THIS ADDENDUM CHANGES THE AND CONDITIONS. PLEASE READ IT CAREFULLY. The obligor of this Plan is Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348, (770) 763-1000. However, if You live in Massachusetts, this Plan is an agreement between the Obligor/Provider of this Plan, Staples, Inc., and You, the purchaser. If You live in California, this Plan is an agreement between the Obligor/Provider of this Plan, Sureway, Inc., and You, the purchaser. if You live in Florida, this Plan is an agreement between the Obligor/Provider of this Plan, UNITED SERVICE PROTECTION, INC., and You, the purchaser. If You live in Oklahoma, this Plan is an agreement between the Obligor/ Provider of this Plan, Assurant Service Protection, Inc., P. 0. Box 888050, Lawton, OK 73506-8050, and You, the purchaser.
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The Technical and Protection Plan ( and Conditions), together with this Technical and Protection Plan Plus Addendum (Addendum) and the sales receipt or other evidence of purchase of the Plan (with Technical and Protection Plan Pius SKU number), shall collectively constitute the entire Contract relating to Your TSPPlus Plan coverage. These agreements, collectively, supersede all prior agreements and understandings, written or oral, conceming the subject matter herein.
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Coverage: Subject to the and Conditions and this Addendum, the provisions of TSPPlus, provide for the repair or replacement (as applicable) of Your covered Laptop or Digital Camera resulting from normal wear and tear including accidental damage (such as drops, liquid spills, and cracks) and failures that occur during normal use and operation in accordance with the manufacturers written specifications. If We are unable to repair Your product or We deem that repair is not cost effective, We have the option to replace Your covered product with a new, rebuilt or refurbished product of equal or similar features and functionality, or, at Our option, We will issue a Staples Cash Card settlement for an amount up to the current retail cost of a replacement product of equal or similar features and functionality. The Staples Cash Card may only be used in Staples stores and is not redeemable for cash or credit. Replacement parts will be new, rebuilt or non-original manufacturers parts that perform to the factory specifications of the product at Our option. In no event shall We be liable for any damages as a result of the unavailability of repair parts. Replacement of Your covered product, or issuance of a Staples Cash Card settlement shall fulfill this TSPPlus Plan in its entirety and will cancel and discharge all further obligations under this TSPPlus Plan, where allowed by law. We must approve all repairs before they are performed. Exclusions from Coverage Is deleted in its entirety and replaced as follows:
ing your plan is easy! Do it today. To ensure pr• ; ervice, reg -r for your Staples upport & • otection P n quickly and easily Tech .staplesesp.com or f. a copy of your receipt . ong with your name, addre-., phone number and email as ess to 1-877-610-3s : • . You can also send them to ESP Pro. . , iox 888050, Lawton, OK, 73506-8050
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Exclusions from Coverage: This TSPPlus Plan does not cover any loss, repair or replacement necessitated by acts of God; consequential or incidental damages which include, but are not limited to, any delay in rendering service, loss of data, or loss of use during the repair period of the product(s) or while otherwise awaiting parts; intentional damage, insect infestation, misuse, abuse or damage caused by non-authorized repair personnel or preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to The issuance of the TSPPlus Plan. Also not covered are replacement costs for lost or consumable parts (knobs, remotes, cartridges, drums, etc.) and problems due to improper and / or non-factory authorized installation or repairs. This TSPPlus Plan does not cover cosmetic damages to any products, components or consumable parts covered under this TSPPlus Plan. This TSPPius Plan does not cover products used for public rental or communal use in multi-family housing. This TSPPlus Plan does not cover loss or damage to stored data, repairs related to installed software, computer viruses, restoration of software to Your product or computer hardware that is added after the original purchase. This TSPPlus Plan does not cover "no problem found" diagnosis or any defects that are subject to a manufacturer's program of reimbursement.. You are responsible for backing up all software prior to commencement of any product repair or replacement ALL OTHER AND CONDITIONS REMAIN THE SAME. FW2381 - 0605
v3-1109
AND CONDITIONS: To obtain Service OR to receive Technical on Your covered product under this Plan, call toll free 1-866-782-9155, and make Your selection. This Plan is not an insurance contract "You" and "Your" indicates the purchaser of this Service Plan (Plan), a resident of the United States. "We", "Us", and "Our" indicates the Obligor/Provider of this Plan. This Plan is an agreement between the Obligor/Provider of this Plan, Federal Warranty Service Corporation, and You, the purchaser. However, if You live in Massachusetts, this Plan is an agreement between the Obligor/Provider of this Plan, Staples, Inc., and You, the purchaser. If You live in California, this Plan is an agreement between the Obligor/Provider of this Plan, Sureway, Inc., and You, the purchaser. If You live in Florida, this Plan is an agreement between the Obligor/Provider of this Plan, UNITED SERVICE PROTECTION, INC., and You, the purchaser. [Federal Warranty Service Corporation, P. O. Box 888050, Lawton, OK 73506-8050] is the of this Plan in all states except Florida. In Florida, THIS PLAN IS ISTERED BY UNITED SERVICE PROTECTION, INC. If You live in Oklahoma, this Plan is an agreement between the Obligor/Provider of this Plan, Assurant Service Protection, Inc., P. 0. Box 888050, Lawton, OK 73506-8050, and You, the purchaser. The obligations assumed under the of this Plan are fully insured at the date of sale by an Insurer rated "Excellent" by A.M. Best. You must present this document and Your sales receipt for any product repair, replacement, exchange or voucher credit. The sales receipt You receive for the Plan coverage of the product shall become a part of the Plan. Refer to Your original sales receipt for the Plan term. Product Eligibility: This Plan covers only products used primarily for personal, family or household purposes or in a small office or home office setting. Covered product(s) must be purchased as new, manufactured for use in the United States and include a manufacturer's original written warranty of at least 90 days of carry-in parts and labor coverage. THIS PLAN IS INCLUSIVE OF THE MANUFACTURER'S WARRANTY; THIS PLAN DOES NOT REPLACE THE MANUFACTURER'S WARRANT( THIS PLAN BEGINS WITH THE DATE OF PURCHASE EXCEPT FOR FLAT SCREEN MONITORS AND COPIER (SEE FLAT SCREEN MONITOR AND COPIER COVERAGE SECTIONS BELOW FOR DETAILS). During the manufacturer's warranty period, the manufacturer is responsible for items covered under its express warranty; and We will pay for other covered items herein, not covered by the manufacturer's warranty. This Plan covers the following components in a computer system if purchased at the same time: motherboard and all resident components, internal power supply, all internal cards, monitor; two floppy drives, 1 hard disk drive, 1 CD-ROM drive, 1 DVD drive, keyboard, mouse and printer. Laptop, Personal Digital Assistant, and flat screen monitor screen replacements are limited to one screen replacement during the term of the Plan. Coverage: This Plan provides coverage for product failures due to normal wear and tear. If We are unable to repair Your product or We deem that repair is not cost effective, We have the option to replace Your covered product with a new, rebuilt or refurbished product of equal or similar features and functionality, or, at Our option, We will issue a Staples Cash Card settlement for an amount up to the current retail cost of a replacement product of equal or similar features and functionality. The Staples Cash Card may only be used in Staples stores and is not redeemable for cash or credit. Replacement parts will be new, rebuilt or non-original manufacturer's parts that perform to the factory specifications of the product at Our option. In no event shall We be liable for any damages as a result of the unavailability of repair parts. Replacement of Your covered product, or issuance of a Staples Cash Card settlement shall fulfill this Plan in its entirety and will cancel and discharge all further obligations under this Plan, where allowed by law. We must approve all repairs before they are performed. Refurbished Product Eligibility: A covered refurbished product must be manufactured for use in the United States and include a manufacturer's original written warranty of at least 90 days of carry-in parts and labor coverage. Refurbished products are not eligible for renewal coverage. Flat Screen Monitor Coverage: Flat Screen Monitor component coverage commences upon the expiration of the shortest portion of the manufacturer's limited warranty. Parts and labor coverage during the manufacturer's warranty period are the responsibility of the manufacturer. However, Screen Replacement Coverage for Your Flat Screen Monitor is available from date of product purchase and is limited to One screen replacement over the life of the term of Your Plan. The one time replacement of Your screen does not fulfill the Plan in its entirety. Copier Coverage: Copier coverage commences upon the expiration of the shortest portion of the manufacturer's limited warranty. Parts and labor coverage during the manufacturer's warranty period are the responsibility of the manufacturer. Power Surge: Damage from power surge to Your covered product will be covered up to
a maximum of $1,000.00 over the life of the Plan, but You must first make a claim with Your Homeowner's/renter's insurance carrier to avoid duplicate recovery. Bundled Products: The plan covers a bundle products sale that includes one PDA or Digital Camera and one separate other computer peripheral. Covered products must be sold as one item. On-Site/Express Shipping Protection Plan: During the manufacturer's warranty, calls may not be scheduled until authorized by the manufacturer. An adult of legal age must be present at the location where on-site service will occur. If You are required to ship Your covered product, (including notebooks, laptops, ink jet printers, fax machines, monitors, CD-ROM drives, disk drives, and tape back-up systems) due to its sensitive nature or because You live outside the 50-mile radius of an authorized service center, We will pay the shipping charges. CARRY-IN Protection Plan: You are responsible for transporting or shipping (postage pre-paid and insured) Your product to the designated service center. if We require You to ship Your Product, any shipping charges You incur will be paid for by the Plan. If authorized service is performed, the product will be shipped back to You at no additional cost Component Replacement Guarantee: If any component in Your covered product fails three times due to the same problem, this Plan will replace the product or component with a product or component of equal or similar features and functionality or like kind and quality. The Component Replacement Guarantee does not include repairs performed by the manufacturer under its limited warranty. • Worldwide Service: Worldwide Service provides coverage for Your product outside the manufacturer's warranty when You travel overseas. You may call the telephone number listed in Your Plan collect to obtain detailed instructions and a repair authorization number prior to wort( being done. Note: Worldwide Service does not include on-site service. You must be a resident of the U. S. and be traveling overseas to be eligible for Worldwide Service. Telephone Technical Hardware and Software Please refer to the list of products in this brochure for which telephone technical assistance is available. The technical service representative will assist You on the telephone to determine what technical difficulties may exist with software applications that are preloaded on Your new U from the original manufacturer. To the extent that Our diagnosis confirms a hardware failure, We will assist You in arranging service for Your covered product Our level of service expertise cannot customized or proprietary software, those applications that were installed after Your original product purchase, or those software errors that confirm improperly functioning or defective software. Additionally, the Plan does not provide education on how to utilize or perform tasks using any type of software program, preloaded or other. Important Consumer Information: if We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a written claim directly against [American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157], who insures Our obligations under this agreement. if Staples, Inc. exchanges or You sell the product, You must advise Us in writing at [P.O. Box 888050, Lawton, OK 73506-8050] within ten (10) days of the exchange or sale. The cancellation provisions of the Plan apply only to the original purchaser of the Plan, except in Califomia. This Plan may be transferred by You. Only We can modify this Plan. [To learn more about how United Service Protection, Inc., American Reliable Insurance Company, Federal Warranty Service Corporation, Sureway, Inc., member companies of Assurant Solutions, use Your personal information, please visit the page on Our web site at [www.assurantsolutions.com].] Exclusions from Coverage: This Plan does not cover any loss, repair or replacement necessitated by acts of God, accidental, consequential, incidental or intentional damage, spilled liquids, insect infestation, misuse, abuse or damage caused by non-authorized repair personnel or preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan. Also not covered are replacement costs for lost or consumable parts (knobs, remotes, cartridges, drums, etc.) and problems due to improper and/or non-factory authorized installation or repairs. This Plan does not cover cosmetic damages to any products, components or consumable parts covered under this Plan. This Plan does not cover products used for public rental or communal use in multi-family housing. This Plan does not cover loss or damage to stored data, repairs related to installed software, computer viruses, restoration of software to Your product or computer hardware that is added after the original purchase. This Plan does not cover "no problem found" diagnosis or any defects that are subject to a manufacturer's program of reimbursement You are responsible for backing up all software prior to commencement of any product repair or replacement Disclaimer of Certain Liabilities: This Plan is not intended to create or limit any implied warranties conceming Your product, which may or may not exist under applicable law. Cancellation: You may cancel Your Plan within thirty (30) days of date Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund in the amount of
100% of the Plan purchase price, less the cost of any repairs made, except as otherwise required by law. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at [P.O. Box 105687, Atlanta, GA 30348-5687], or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an istrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less, except as otherwise required by law. A ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of the Plan to Us. The effective date of cancellation is the date We receive the request for cancellation. if We must cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and retum the full purchase price of the Plan to You. Renewal: To inquire if renewal coverage is available, please call Staples at 1-866-417-8576 for pricing and details. Arbitration: READ THE FOLLOWING ARBITFtAT1ON PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION. As used in this Provision, "You" and "Your" mean the person or persons named in this Plan, and all of his/her heirs, survivors, assigns and representatives. And, "We" and "Us" shall mean the Obligor identified above and shall be deemed to include all of its agents, s, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees, and employees of any of the foregoing entities. Any and all Claims, disputes, or controversies of any nature whatsoever (whether in Plan, tort or otherwise, (whether by misrepresentation or by omission)) arising out of, relating to, or in connection with (1) this Plan or any prior Plan, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Plan ("Claim"), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be istered by the American Arbitration Association ("MA") in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the MA in effect at the time the Claim is filed. The of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the MA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision. This Provision shall inure to the benefit of and be binding on You and Us and it shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Plan. You agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, you may BEAR at 1-800-952-5210, or you may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highland, California 95660, or you may visit their website at www.bearta.gov . These special state disclosures apply if Your Plan was delivered to one of the following states and supersedes any other provisions herein to the contrary: Alabama only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. Arizona only: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. We will not cancel or void this Plan due to preexisting conditions, prior use or unlawful acts relating to the product or misrepresentation by Us or Our subcontractors. We may cancel this Plan only in the event of fraud, material misrepresentation or non-payment by You. The following statement has been added to the arbitration provision of Your Plan: This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints as outlined by the Arizona Department of Insurance. To leam more about this process, you may the Arizona Department of Insurance at 2910 N. 44th St., 2nd Fl. Phoenix, AZ 85018-7256, Attn: Consumer Affairs. Arkansas only: The obligations under this Plan are insured by a policy of Insurance
issued by American Bankers Insurance Company of Florida, at the following address [11222 Quail Roost Drive, Miami, FL 33157]. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (10) days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after return of the Plan. The right to void this Plan is not transferable and applies to only to the original purchaser. If You have an emergency that does not fall within normal business hours, please Us at the toll free number listed at the top of this Plan. California only: The Seller of this Plan is Staples, Inc., 500 Staples Drive, Framingham, MA 01702. Obligor under this Plan is Sureway, Inc., [11222 Quail Roost Drive, Miami, FL 33157]. You may cancel this Plan after thirty (30) days from the date of Plan receipt by ing the in the manner described above, and You will receive a pro rata refund of the Plan purchase price, less the cost of repairs made (ft any), and less an istrative fee of ten percent (10%) of the Plan price up to twenty-five dollars ($25.00). Colorado only: Action under this Plan 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.R. S. A party to this Plan may have a right of civil action under the laws, including obtaining the recourse or penalties specified in such laws. Connecticut only: Your Plan term is automatically extended by the length of time in which the covered product is in Our custody for repair. If You have a dispute with Us, You may the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the product the cost of repair of the product, and a copy of the Plan. You have a right to cancel this Plan if you return the product or if it is lost, stolen or destroyed. Florida only: If You cancel this Plan, You will receive a refund equal to ninety percent (90%) of the unearned pro rata purchase price less any Claims that have been paid or less the cost of repairs of the product If We cancel the Plan, You will receive one hundred percent (100%) of the unearned pro rata purchase price. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. Georgia only: If You purchase Your Plan in Georgia, You are entitled to cancel this Plan at anytime. Cancellation will comply with Section 33-24-44 of the Georgia Code.Any refund owed in the event of cancellation shall be determined on the excess of the Plan purchase price above the customary short rate for the expired term of the Plan, and no Claim paid or incurred shall be deducted from any refund owed. We are also entitled to cancel this Plan at any time based upon fraud, misrepresentation, or failure to pay for the Plan, and notice of cancellation by Us will be given at least thirty (30) days prior to cancellation. You will be refunded the unearned pro rata purchase price of this Plan. Arbitration is deleted in its entirety. Under the "Exclusions from Coverage" section the following sentence has been amended: Preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan known to You. Hawaii only: Prior notice by Us is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. If You have a question or complaint, You may the Insurance Commissioner, 250 South King Street, 5th Floor, Honolulu, Hawaii 96813. Illinois only: The cancellation fee is equal to the lesser of ten percent (10%) of the Plan purchase price or fifty dollars ($50.00). If you Plan includes the optional accidental damage addendum, the intentional damage exclusion does not apply to You due to the addendum providing coverage for normal wear and tear including accidental damage. Maryland only:The right to return (cancel) the Plan applies only to the original purchaser of the Plan. We will pay a penalty of 10% of the Plan purchase price per month on a refund that is not paid or credited within forty-five (45) days after return of the Plan to us. "Purchase price" shall refer to the purchase price of the covered product(s) as shown on Your sales receipt Minnesota only: Under the "Important Consumer Information" section the first sentence has been replaced with the following: If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to American Reliable Insurance Company, who insures our obligations under this Plan, at the following address 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 1-800-852-2244. You may cancel Your Plan within thirty (30) days of date Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund or credit in the amount of 100% of the Plan purchase price. You may cancel Your
Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at [P.O. Box 105687, Atlanta, GA 30348-5687], or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid Of any), and less an istrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less. The right to void this Plan is not transferable and applies only to the original purchaser. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of this Plan to us. The effective date of cancellation is the date We receive the request for cancellation. We may cancel this Plan based on one or more of the following reasons: (A) non-payment of the Plan purchase price; (B) a material misrepresentation made by You; or (C) a substantial breach of duties by you. if we cancel this Plan for any of the above reasons, we will mail written notice of cancellation to you at least five (5) days prior to the effective date of cancellation. If we cancel this Plan for any other reason, we will mail written notice of cancellation to you at least fifteen (15) days prior to the effective date of cancellation stating the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. if this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. Mississippi only The Arbitration Provision is deleted in its entirety. Missouri only; The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address [11222 Quail Roost Drive, Miami, FL 33157]. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, induding a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (lp days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after return of the Plan. The right to void this Plan is not transferable and applies to only to the original purchaser. If You have an emergency that does not fall within normal business hours, please Us at the toll free number listed at the top of this Plan. Nevada only: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. If We are unable to repair Your product, replacement of Your covered product will be provided for with a store voucher or check equal to the original purchase price of the covered product Refund of the original product purchase price will fulfill this agreement in its entirety and will cancel and discharge all further obligations under this Service Plan. With respect to each product covered under this Plan, Our liability is limited to the original retail purchase price You paid for such product. We may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions:failure to pay the Plan purchase price; the conviction of You of a crime which results in an increase in the service required under the Plan; fraud or material misrepresentation by You in purchasing the Plan or obtaining service; the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases The service required under the Plan; or a material change in the nature or extent of the service required under the Plan which occurs after the purchase of the Plan and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We cancel the Plan, You will be refunded the unearned pro rata purchase price of the Plan. New Hampshire only: In the event you do not receive satisfaction under this Plan, you may the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416. New Mexico only: The may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions: (a) failure to pay the Plan purchase price; (b) the conviction of You of a crime which results in an increase in the service required under the Plan; (c) fraud or material misrepresentation by You in purchasing the Plan or obtaining service; (d) or the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under The Plan. If the cancels, You will receive a refund equal to the unearned pro rata purchase price less the cost of any repairs made. New York only: You may cancel this Plan at any time after thirty (30) days from receipt and receive a pro rata refund of the purchase price less the value of any service received. is not required to mail You written notice if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by You relating to The covered property or its use. North Carolina only: The purchase of a Plan is not required in order to obtain financing. Oklahoma only THE PLAN IS NOT ISSUED BY THE MANUFACTURER OR WHOLESALE COMPANY MARKETING THE PRODUCT. THIS PLAN WILL NOT BE HONORED BY SUCH MANUFACTURER OR WHOLESALE COMPANY. The Cancellation provision of Your Plan is deleted in its entirety and amended to include the following: if You cancel the Plan, You
shall receive a refund equal to ninety percent (90%) of the uneamed pro rata purchase price. if We cancel this Plan, You shall receive a refund equal to one hundred percent (100%) of the unearned pro rata purchase price of the Plan. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. South Carolina only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. You are responsible for providing normal household cleaning and any non-technical cleaning as described in Your manufacturer's instruction manual for Your Personal Computer. This Plan does not provide coverage for pre-existing conditions. If You have a question, a complaint or Your Claim is not handled in a timely manner; You may the South Carolina Department of Insurance, R O. Box 100105, Columbia, South Carolina, 29202-3105, Telephone (80p 768-3467. Texas only: Prior notice by Us is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or it's use, or a substantial breach of Your duties relating to the covered product or its use. If You have a question or complaint, You may the Texas Department of Licensing and Regulations, R 0. Box 12157, Austin, Texas 78711, (800) 803-9202 or (512) 4636599. The obligations under this Contract are insured by a policy of insurance issued by [American Bankers Insurance Company of Florida], 11222 Quail Roost Drive, Miami, FL 33157. In the event any covered service is not paid within 60 days after proof of loss has been filed, or if a refund or credit is not paid before the 46th day after the date on which the contract is returned to Us, You may apply directly to American Bankers Insurance Company of Florida. Utah only: Coverage afforded under the Plan is not guaranteed by the Property and Casualty Guaranty Association. We can cancel this Plan during the first sixty (60) days of an annual term by mailing to You a notice of cancellation at least thirty po) days prior to the effective date of cancellation except that We can also cancel this Plan during such time period for nonpayment of by mailing You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Plan by mailing a cancellation notice to You at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) nonpayment of ; (b) material misrepresentation; (c) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (d) substantial breach of contractual duties, conditions, or warranties. The single pay Plan purchase price is included on the sales receipt You received for the Plan coverage. Refer to Your original sales receipt for the purchase price. Arbitration is deleted in its entirety. This Plan does not have a deductible. Washington only: Important Consumer Information: Obligations of the Service Contract Provider under this Plan are backed by the full faith and credit of the Service Contract Provider. ItYou have an emergency that does not fall within normal business hours, please Us at the toll free number listed at the top of the Plan. The following statements have been added to the arbitration provision of Your Plan: "We" and uus" shall mean the Provider identified above and shall be deemed to include all of its agents, s, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees, and employees of any of the foregoing entities. Nothing in the section headed 'Arbitration' shall invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Plan. All arbitrations will be held in the county in which You maintain Your permanent residence. /Provider is the entity that is responsible for the istration of the Plan which is Federal Warranty Service Corporation [P.O. Box 105689, Atlanta, GA 30348-5689, 1-866-864-8742]. Provider Fee/Plan Purchase Price means the consideration paid by You for the Plan. Service Contract/Plan means a Plan which You have purchased for the Product described on the sales receipt. Service Contract Holder/You/ Your means the person who is the purchaser or holder of the Plan as shown on the sales receipt. Service Contract Provider/We/Us/Our means Federal Warranty Service Corp. who is contractually obligated to the Service Plan Holder under The of The Plan. Wisconsin only: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER DF INSURANCE. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. Unauthorized repairs may not be covered. Wyoming only: The Arbitration Provision of Your Plan is deleted. It is not applicable to You. Prior notice by Us is required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. The purchaser may cancel this Plan within fifteen (15) days of The date of purchase. shall return one hundred percent (100%) of the purchase price, less an istrative fee of ten percent (10%) of the Plan price up to twenty-five dollars ($25.00). Unauthorized repairs may not be covered. We will not deny or reduce a Claim solely because You did not obtain preauthorization if we are not prejudiced by Your failure to notify Us. FW2045 - 1204
V9 - 1007
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