Ideal Agent Terms of Service

Lead & Prosper, LLC.’s website IdealWarranty.com and Ideal Agent’s services are available to you conditioned upon your acceptance, without modification of the terms, conditions, and notices contained herein. Your use of IdealWarranty.com constitutes your agreement to all such terms, conditions, and notices. Your use of IdealWarranty.com and its’ services may be subject to additional terms outlined elsewhere on IdealWarranty.com and in any other agreement between you and Lead & Prosper, LLC. d/b/a Ideal Agent.

Terms of Service for Home Sellers, Buyers and Real Estate Agents

Ideal Agent offers services to Home Sellers, Buyers and Real Estate Agents who are 18 years and older and reside in the United States. Your use of IdealWarranty.com as a Home Seller, Buyer or Real Estate Agent constitutes your agreement to these Terms of Service. Terms of Service can be modified at any time without prior notice. It is your responsibility to check for updates to these Terms of Service.

Use of Site

IdealWarranty.com or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Lead & Prosper, LLC. in writing and signed by an executive of the company. Lead & Prosper, LLC. and its affiliates reserve the right to refuse service, terminate accounts, deny access to IdealWarranty.com , and/or cancel orders in its discretion, including, without limitation, if Lead & Prosper, LLC. believes that customer conduct violates applicable law or is harmful to the interests of Lead & Prosper, LLC. and its affiliates.

User and Customer Submissions

If you provide any testimonial or otherwise transmit or post any content, information, review or comment on IdealWarranty.com or TrustPilot.com, you grant Lead & Prosper, LLC. and sub-licensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to fully exploit, make, use, reproduce, modify, adapt, publish, translate, transmit, create derivative works of, distribute, and display such content, information, reviews and comments throughout the world in any media. You also grant Lead & Prosper, LLC. and sub-licensees the right to use the name that you submit with any content, information, review or comment, if any, in connection with such content, information, review or comment. You warrant, represent and agree that nothing you transmit or post will be infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Lead & Prosper, LLC. reserves the right to remove anything you transmit or post at any time, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities or if Lead & Prosper, LLC. is concerned that you may have breached the immediately preceding sentence, or for no reason at all.

Reservation of Rights

Except as expressly and unambiguously provided herein, Lead & Prosper, LLC. and its affiliates do not grant you any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights.

Copyright

All content available at IdealWarranty.com , such as text, data, graphics, logos, button icons, images, audio clips, video clips and/or other content (collectively, “Content”), is the property of Lead & Prosper, LLC. and/or its affiliates and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this site is the exclusive property of Lead & Prosper, LLC. and protected by the U.S. and international copyright laws. Lead & Prosper, LLC. reserves the right to remove all Content, from whatever source, at any time, for any reason including, but not limited to, claims or allegations made by third parties relating to such Content, or for no reason at all. Any and all software used or provided by Lead & & & & & & Prosper, LLC. in connection with this site is the the property of Lead & Prosper, LLC. and is protected by the U.S. and international copyright laws. The Content and the software may be used only for your personal resource and subject to the terms and conditions set forth herein and any other agreement between you and Lead & Prosper, LLC.  Any other use, unless otherwise authorized in writing by Lead & Prosper, LLC., including the framing, linking to, reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

Copyright Notice

Copyright © 2020 Lead & Prosper, LLC. All Rights Reserved.

Copyright Agent: Service@IdealAgent.com

Trademarks

Ideal Agent is a trademark of Lead & Prosper, LLC. and the Ideal Agent logo, tagline, and other such related graphics, logos, and service names are trademarks of Lead & Prosper, LLC. Lead & Prosper, LLC.’s trademarks may not be used in connection with any product or service that is not Lead & Prosper, LLC.’s; in any manner that is likely to cause confusion among customers or the public; or in any manner that disparages or discredits Ideal Agent.

IdealWarranty.com Use Disclaimer

By using IdealWarranty.com and the Internet in general, you and your personal information may be subject to various risks, including without limitation: exposure to contaminated files, security breaches, objectionable material and/or images, harassment, fraud, hacking, spamming, eavesdropping, viruses, worms and Trojan horses all of which may have a damaging or harmful effect on your computer. This is not intended to be an exhaustive list of all such risks that you may be exposed to when visiting IdealWarranty.com. Ideal Agent is not responsible or liable for any loss or damage should you be exposed.

General Disclaimer; Representations & Warranties

This site is provided by Lead & Prosper, LLC. on an “as is” basis. Lead & Prosper, LLC. and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of the site or software or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Lead & Prosper, LLC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lead & Prosper, LLC. and its affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within this site. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Limitation On Liability

Lead & Prosper, LLC. will not be liable under any theory of law, for any direct, indirect, incidental, punitive, and consequential damages, including, but not limited to personal injury, loss of profits, business interruption, loss of information or data. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnification of Lead & Prosper, LLC.

You agree to indemnify and hold Lead & Prosper, LLC., its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) your use of Lead & Prosper, LLC. products (b) your connection to our IdealWarranty.com, (c) your violation of this Agreement, or (d) your violation of any rights of another party.

Modifications to IdealWarranty.com; Updates and Terms

Lead & Prosper, LLC. may make changes to IdealWarranty.com , Content, software, services, or the products provided by Lead & Prosper, LLC. and/or its affiliates and suppliers, at any time without notice. Lead & Prosper, LLC. makes no commitment to update Content, software, services or Products. Lead & Prosper, LLC. reserves the right to make changes to its IdealWarranty.com and these disclaimers, terms, and conditions at any time. Your access or use of IdealWarranty.com , Content, software or services subsequent to such a change will signify your asset to be bound by such changes.

Use of Third Party Services

You understand and agree that the Real Estate Agents that win the Home Seller & Buyer auctions on IdealWarranty.com are not employed by Ideal Agent. Ideal Agent is not responsible or liable for any acts of omissions created or performed by these third parties. IdealWarranty.com may contain links to other websites maintained by third parties. These links are provided for convenience and reference only. Ideal Agent does not operate or control the information, software, products or services they offer on these sites.

Applicable Law

This site is created and controlled by Lead & Prosper, LLC. in the State of Florida, USA. As such, the laws of the State of Florida will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Requirements for Home Sellers/Buyers using IdealWarranty.com

By using IdealWarranty.com or completing a form as a potential Home Seller or Buyer on IdealWarranty.com, you agree to the following:

1. You are 18 years or older and capable of entering a legally binding contract.
2. You are either interested to sell your home soon or ready to purchase one in the United States.
3. You are not currently entered into an exclusive agreement to list or purchase with a real estate agent.
4. You are not a licensed real estate agent or broker.
5. You agree to be contacted via phone, text, and email by Ideal Agent and our Real
6. Estate Agents along with our third party partner services you have requested.
7. You agree to provide accurate information about the property you are listing and the property is owned by you.
8. You agree to provide accurate information about the property you would like to purchase.
9. You agree to provide a realistic estimate of home valuation.
10. You agree that Ideal Agent will be contacting you to verify the details you’ve submitted during registration.
11. You agree to provide accurate and current contact information including phone, text, and email to Ideal Agent, which we will forward to the selected Real Estate Agent.
12. You agree to allow the selected Real Estate Agent to contact you using the information supplied to Ideal Agent during form completion.
13. Ideal Agent reserves the right to terminate the relationship with any Home Seller or Buyer who violates these Terms of Service.
14. You agree and understand the Ideal Agent is a Licensed Real Estate Brokerage that refers to real estate services performed by local real estate agents. Ideal Agent does not act as a Real Estate Agent for any Home Seller or Buyer.
15. You agree and understand the Ideal Agent offers its services to you for free and receives payment from Real Estate Agents that are partnered with Ideal Agent

Requirements for Registered Real Estate Agents

Ideal Agent offers quality real estate referrals to real estate agents.

By applying as a Real Estate Agent on IdealWarranty.com, you agree to the following:

1. You are a real estate licensee in good standing with the licensing authorities in the state in which you are licensed as a Real Estate Agent. You agree to remain in good standing with the licensing authority during your relationship with Ideal Agent.
2. You are an individual person/real estate agent, not a company or brokerage.
3. All the information you have provided is accurate and true. And, you will routinely update/maintain your Profile on IdealWarranty.com. Ideal Agent reserves the right to edit any information it deems improper or compromises anonymity.
4. You agree to the terms of fees and payments in the referral agreement.
5. You agree to be contacted via email, text or phone by Ideal Agent, Home Sellers, Home Buyers and third parties associated with Ideal Agent.
6. You will not refer any Ideal Agent referrals to any other person or company.
7. You will maintain proper insurance coverage and will supply proof to Ideal Agent.
8. You will not attempt to identify other Real Estate Agents that you are competing with on IdealWarranty.com S .
9. You hereby grant Ideal Agent permission to use your Profile information on IdealWarranty.com and to provide your information to Home Sellers and Buyers along with third-party affiliates that partners with Ideal Agent.
10. You warrant that you will not submit any information for any purpose that will harm Ideal Agent.
11. You agree to maintain your membership with the NATIONAL ASSOCIATION OF REALTORS® and adhere to the highest level of professional conduct as outlined in the Association’s Code of Ethics. Ideal Agent has zero tolerance for any deviation from the services and commissions agreed upon if selected as the winning Real Estate Agent by a Home Seller or Buyer.
12. You agree to make best efforts to promptly follow up with all Ideal Agent Seller & Buyer referrals as soon as possible.
13. All referral will be serviced as “Full -Service” and must include, but not limited to, the following services at no extra charge above the Total Commission:
    • Meet Seller or Buyers in person to present a proposal.
    • Present a Comparative Market Analysis (CMA) for Sellers.
    • Recommend a List Price that will sell the home within the Seller’s expectations at the highest possible value.
    • List the Property on the local MLS
    • Prepare all listing and sale documents and disclosures.
    • Actively market the home
    • Manage the transaction from Listing to Closing
    • Communicate regularly and promptly with all parties involved in the transaction.
    • Negotiate on Seller or Buyer’s behalf.
    • Accompany the Seller or Buyer to the closing.

Any violation of the above will be considered a violation of our Terms of Service.

1. Ideal Agent reserves the right to terminate the relationship with any Real Estate Agent who violates these Terms of Service.
2. Real Estate Agents on IdealWarranty.com agree to treat all information received through IdealWarranty.com with confidentiality and in accordance with the Ideal Agent Privacy Policy.
3. If you do not get the listing, you must notify Ideal Agent promptly so we can reassign the referral to another real estate agent.

Dispute Resolution; Arbitration

Any claim or controversy arising out of or relating to the use of IdealWarranty.com, to the services provided by Ideal Agent, or to any acts or omissions for which you may contend Ideal Agent is liable, including but not limited to any claim or controversy as to its arbitration value (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Hillsborough County, Florida. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Ideal Agent. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Hillsborough County, Florida. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND IDEAL AGENT WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Ideal Agent’s goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Ideal Agent, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Hillsborough County, FL. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

Product Terms and Conditions

1. Covered Items or Parts and Components that were not in proper working order on the Contract sale date (i.e. pre-existing conditions). If the Home Inspection-Related Services Option was selected and a home inspection was performed within ninety (90) days of the Contract sale date, pre-existing conditions will be covered according to the stipulations.
2. Costs of correcting faulty workmanship, improper installation, or any failure or damage caused by improper installation to any Covered Item by any person or party, either before or after issuance of this Contract. If the Home Inspection-Related Services Option was selected and a home inspection was performed within ninety (90) days of the Contract sale date, these failures will be covered according to the stipulations.
3. The costs of disposing of any replaced Covered Items or Parts and Components, coolant recovery fees, or other environmental fees or charges. If the Home Inspection-Related Services Option was selected and a home inspection was performed within ninety (90) days of the Contract sale date, these costs will be covered according to the stipulations.
4. The cost of correcting any code violations (local, state, or federal), upgrades to any Covered Item made necessary because of code violations, or costs of obtaining permits. If the Home Inspection-Related Services Option was selected and a home inspection was performed within ninety (90) days of the Contract sale date, these costs will be covered according to the stipulations.
5. Defects in any Covered Item or their Parts and Components due to the manufacturer’s errors or improper construction.
6. Any Operational Failure covered by any other collectible insurance, homeowner insurance policy, warranty, guarantee, or other coverage available to You.
7. Any Operational Failure that occurred prior to the non-timely receipt of payment of Contract fees.
8. Any repair or replacement that has not received prior authorization from the Administrator. This exclusion does not apply to Emergency Repairs.
9. Damage caused by fire; wind; freezing; hail; sleet; snow; ice or water back-up due to ice; explosions; riots; civil commotion; aircraft; vehicles; smoke; vandalism; malicious mischief; glass breakage; theft; burglary; falling objects; weight of ice or snow; discharge of water or steam from plumbing, heating, air conditioning systems, or appliances; war or any act of aggression; acts of God; accidents due to negligence or misuse; nuclear contamination; flood; surface water; waves or tidal waves; earthquakes; landslides; mud flows; seepage; rot; dry rot; condensation; lightning; or destruction caused by rodents, termites, insects or vermin.
10. Damage that does not cause Operational Failure to any of the Parts and Components of Covered Items.
11. Failure due to rust, sediment, or corrosion, except as otherwise indicated.
12. Electrical surges, excessive or inadequate voltage, power failure or shortage, electricity generators, or damage caused by electricity generators.
13. Conditions of excessive, low, reduced, or insufficient water pressure or water flow; water line blockages; mechanical failures resulting from lack of water; repair of piping damage caused by screws, nails, or vegetation roots; digging new/deeper wells or redrilling wells; shared water wells; hydro-jetting; discolored or impure water.
14. Any systems damage or malfunction due to lack of capacity, failure to maintain the temperature in the Residence above freezing, or incorrect use or contamination of fuel or energy.
15. Damage to the physical structure of the Residence including, but not limited to, bearing walls, walls, roof, roof supports, structural floor base, foundation or slabs, and ceilings except where specifically identified as covered.
16. Costs associated with cosmetic texture, paint, or tile work or any other repairs to walls, floors, or ceilings, beyond returning them to a rough finish condition after repairs to plumbing or ducts.
17. Fees associated with new installation hook-ups to city or municipal sewage systems or other utilities.
18. Covered Items or any Parts and Components that have been abused, misused, or used to perform unusual or abnormal functions.
19. Cabins, boarding houses, dormitories, fraternities, sororities, other cooperatives, mobile homes not permanently attached and without metered utilities, and apartments with written leases less than one (1) year.
20. Any incidental or consequential property damage, including but not limited to damage to automobiles or clothing.
21. Lost time, lost data, or failure to provide timely service due to conditions beyond Our control, including, but not limited to, part or equipment delays and labor difficulties.
22. Any of the following, except as otherwise indicated elsewhere in this Contract: Cabinetry, light bulbs, plastic, porcelain or enamel parts, finishes, knobs, dials, hinges, lock and key assemblies, handles, racks, baskets, probes or rotisseries, or trim or other appearance parts.
23. Portable units.
24. Temporary repairs not intended to fully resolve the cause of Operational Failure.
25. System resets, maintenance, maintenance inspections, cleaning, lubrication services, pumping of septic tanks, capacity increases for any system, or adjustments of covered property.
26. Food spoilage.
27. Commercial structures or space and any properties where commerce occurs.
28. Commercial equipment and equipment that services commercial space, even if it simultaneously services covered residential unit(s).
29. Leased, rented, or custom-built systems or equipment.
30. Costs associated with the installation or delivery of kitchen appliances.
31. Equipment, Covered Items, or systems that are owned by a condominium association, designated for use in condominium common areas, or that serve more than one (1) condominium unit.
32. Detached garages, garages not sharing a wall with the dwelling, or garages attached to the dwelling only by roofing.
33. Out buildings, site improvements, or any grounds surrounding the Residence.
34. Any Exterior system or equipment, including the Exterior of condominiums, as well as any systems or equipment located outside the Perimeter. This exclusion does not apply to covered pool/spa equipment, water well pumps, or air conditioning units resting on man-made flooring outside the Perimeter.

HOME INSPECTION-RELATED SERVICES OPTION

Although a home inspection is not required, it is recommended that you have a professional home inspection prior to closing your home. While pre-existing conditions are not covered by the IDEAL HOME WARRANTY protection plan, the Home Inspection-Related Services Option addresses non-detected pre-existing conditions, improper installations, and code violations. Because this portion of coverage is based on the written home inspection, a copy of the home inspection report may be required. Always consider our Home Inspection-Related Services Option when ordering your protection plan.

DECLINING COVERAGE

The client/customer acknowledges that a protection plan has been offered and explained. The client/customer understands the value and coverage of the protection plan and declines the option of purchasing the protection plan on this home. Furthermore, the client/customer agrees to hold the Broker and Broker’s agents harmless in the event that any item within the home malfunctions which would have been covered by this protection plan.

The sample terms and conditions listed here are not a service contract. Please read the following sample sections in order to understand what each contract covers. Coverage will vary based on the plan and options selected.

COVERAGE

Lyndon Southern Insurance Company is contractually obligated to You to provide service under this Contract where in accordance with, and as allowed by, state law. This is not an insurance policy. This agreement is not a Contract of Insurance or a Warranty subject to the Federal Magnuson-Moss Act. The rate charged for this Contract is not subject to regulation by the Florida Office of Insurance Regulation.

It is hereby agreed that Lyndon Southern Insurance Company, in consideration of the fee(s) paid, will provide coverage for the authorized repair or replacement of the Covered Items described in this Contract, when such Covered Items become inoperative due to Operational Failure during coverage periods. This Contract is subject to the limitations and provisions as set forth herein and any amendatory endorsements attached hereto. The Administrator assumes no obligation or liability that does not appear in this Service Contract. Please refer to the certificate of coverage for Your name, covered Residence address, coverage dates, coverage plan, options, and fees.

This Contract may not provide listing period coverage free of charge. This Contract may not exclude coverage because of the presence of rust or corrosion unless the rust or corrosion was a contributing cause of the breakdown or failure of a covered appliance, unit or system.

Please NOTE: Florida law prohibits providing Seller Coverages free of charge. If a home sale does not occur (i.e., the 6 month listing period expires or terminates), Administrator will bill and collect any unpaid seller coverage fees from the seller. If close of sale occurs, and seller/buyer product was ordered at time of listing, all fees must be paid at time of closing to activate contract coverage for the buyer. Administrator will bill and collect any unpaid seller coverage fees.

1. Warranty Global Group, Inc. will provide coverage for the authorized repair or replacement of covered items described in the contract, when such covered items become inoperative due to operational failure due to normal wear and tear during coverage periods. Some important information - covered property must:

   A. Be located within the interior of the home or attached garage (with exception of the exterior well pump/grinder, air conditioner and pool/spa equipment, if selected)

   B. Be properly installed and

   C. Be in good working order on the effective date of your contract.

   (NOTE: See “Home Inspection-Related Services” for amendments to these requirements.)

2. Available contracts cover single family resale homes, condominiums, mobile homes permanently attached with metered utilities, and townhomes that are used for residential purposes only.
3. We have the sole right to determine if covered items or any of their parts and components should be repaired or replaced. In the event of repairs, non-original manufacturer’s parts may be used to make repairs, at our discretion. In the event of replacement, we will provide for replacement with parts and components or equipment of similar dimensions and like kind and quality, but not necessarily with the same brand, color, or custom features. If a covered item is non-repairable due to the operational failure of parts and components that are unavailable, we are not responsible for replacement of the entire covered item; we will be obligated only to make a reasonable payment based upon the value of installing comparable parts and components that are available, subject to any per occurrence or aggregate maximums. You and the repair technician shall provide us with sufficient information as to the cause and nature of the occurrence, as well as other pertinent information relating to the claim to the best of your knowledge and belief. This information may also include estimates relating to repair or replacement of the parts and components that failed. We reserve the right to request additional opinion(s). We must speak with the technician and authorize and approve all work prior to repairs for coverage to apply, except in the case of emergency repairs.

CUSTOMER SERVICE

When service is needed, please call 1-800-944-3858, Monday through Friday, 8 am – 7 pm Central Standard Time. Outside of these hours or on holidays, you will be able to leave a voice mail message twenty-four (24) hours per day, seven (7) days per week. Provided you call us during our regular business hours, we will attempt to contact an authorized representative and arrange a service call within two (2) business days. If you call outside our business hours, we will begin this process within two (2) business days from the start of the next business day.

If emergency repairs (repairs necessary outside our business hours that are due to the loss of heating or cooling, loss of plumbing, substantial loss of electrical service, or any other conditions that render a dwelling uninhabitable) are necessary, you are responsible for providing authorization to the technician. In such a case, you must pay for any expenses and seek reimbursement from us. You shall give notice to us of any occurrence of any failure that may be covered by us within 48 hours of discovery. You shall take every precaution to protect the property from further damage until the necessary repair or replacement is authorized by us and is completed. You must notify us of any operational failure prior to actual repair or replacement. We shall not be liable for any costs unless said notice is given prior to the expiration of your coverage, regardless of when the operational failure occurred.

For all covered repairs on each trade service call, you will pay a deductible, or the actual cost of the repair, whichever is less, to the service provider. The deductible is $100.00 for Gold contract holders, $75 for Platinum contract holders, or $60 for Elite contract holders. If a covered repair is required on the same covered property as a prior claim that occurred within the last thirty (30) days, we agree to waive your obligation to pay this deductible for that service call. If no operational failure or other defect covered by your contract is discovered or repaired during a service call, you are responsible for the entire service call fee. You will also pay the service call fee for each call dispatched in events such as the following: you fail to be present at the scheduled time of the trade service call, you cancel a call when technician is in route to your home, or you cancel a call after the technician has already arrived at your home. Your payment must be made prior to completion of each service call, including trade service calls where coverage was granted, excluded, limited, or denied in whole or in part. We have the option to suspend a contract for non-payment of deductibles or service call fees until such time as payment is received.

CANCELLATION

You may cancel this Service Contract at any time by notifying the Administrator in writing. This notification must include Your name, address, contract number, date, and signature. If the Administrator receives Your written request to cancel this Contract within the first ten (10) days after purchase of this Contract, Your refund will be one hundred percent (100%) of the gross premium paid by You, less the cost of any claims paid and an administrative fee not to exceed five percent (5%) of the gross premium paid by You. If the Administrator receives Your written request to cancel this Contract after ten (10) days from purchase of this Contract, Your refund will based upon ninety percent (90%) of the unearned pro rata premium, less the cost of any claims paid. Pro rata refunds are determined by multiplying the amount You paid for this Service Contract by the following: the number of covered days remaining on the Service Contract divided by the original number of covered days.

NOTE: If Your Residence retains a warranty from the builder or has not been occupied prior to the Contract sale date, You will receive a full refund if cancellation occurs prior to the beginning of the Contract term. Transferred Service Contracts are not eligible for cancellation refunds.

TRANSFER / RENEWAL

TRANSFERS: Transfer rights vary, but generally, if ownership and legal title of the covered residence is transferred during the contract term, the coverage afforded under the terms and conditions of your service contract may be transferred to the new home owner for the remainder of the contract term. You must notify the administrator of the transfer of ownership in writing and must include the following: a transfer fee of $40 and the name of the new owner. The assignee takes the contract on the same terms, conditions and expiration date as the assignor. Call 1-800-944-9069 to request a transfer of coverage form.

RENEWALS: Contracts may be renewed at the sole discretion of the administrator. In that event, you will be notified of the plan fee and terms for the renewal.

LIMITS OF LIABILITY

The total of all benefits that will be paid will not exceed $25,000.00. Coverage is limited to $1,500.00 per covered item for Gold and Platinum contracts and $2,500.00 for Elite contracts, except as specifically indicated otherwise. If we decide to replace a covered item, yet you request that covered item be repaired instead, we will honor that request, but the individual coverage limit for that covered item will be considered met for the remainder of the contract term, once the requested repair is complete. Once the aggregate limit of liability for the life of your contract has been reached, your contract and all benefits, including transfer and cancellation rights, terminate.

GOLD COVERAGE

1. CENTRAL HEAT SYSTEM (Seller Coverage Optional)

   COVERED: Furnace unit and heat pump, accessible ductwork, fireplace gas burner unit, and thermostat controlling equipment for furnace and air conditioner.

   NOTE: We will pay no more than $5,000.00 under this section per Contract term. Additionally, We will pay no more than $1,500.00 per Contract term for access, diagnosis, and repair or replacement of any glycol system, self-contained package unit, or domestic hot water system (boiler).

   NOT COVERED: All coal and wood burning equipment, conversions from coal to gas or coal to oil systems, oil storage tanks, fuel oil lines, radiant floors and all its components, space heaters, chimneys, fireplaces, flue liners, air filters, gas logs, non-ducted heaters, humidifiers, dehumidifiers and electronic air filtering devices, attic and exhaust fans, geo-thermal systems, or failures due to rust, sediment, or corrosion.

2. CENTRAL AIR SYSTEM (Seller Coverage Optional)

   COVERED: Central air unit not to exceed 5 tons, refrigerated and evaporative cooler, heat pump(s), water cooling storage tanks, and thermostat controlling equipment for furnace and air conditioner.

   NOTE: We will pay no more than $5,000.00 under this section per Contract term. We will pay no more than $20.00 per pound for refrigerant. Additionally, We will pay no more than $1,500.00 per Contract term for access, diagnosis, and repair or replacement of any self-contained package unit.

   NOT COVERED: Geo-thermal systems or failures due to rust, sediment, or corrosion, window units, portable swamp coolers, or any other device not permanently mounted and ducted.

3. DUCTWORK (Seller Coverage Optional)

   COVERED: Ducts from heating or cooling unit to point of attachment at registers or grills, flex ductwork, and costs related to accessing ductwork through unobstructed walls, ceilings, or floors.

   NOTE: In the event of a covered claim requiring ductwork, We will cover costs to return the access opening to a rough finish condition. We will pay no more than $500.00 per Contract term for concrete encased ductwork.

4. PLUMBING

   COVERED: Piping: gas, hot and cold water, drain and waste lines, vent, branch and riser lines. Plumbing Component Parts: wax ring seals, trip levers, risers, and in-line shut-off or supply valves leading into sinks, toilets, or tubs. Sump Pumps: All Parts and Components of the primary unit, except those listed below. Whirlpool: motors and jets. Other: costs related to accessing plumbing systems through unobstructed walls, ceilings, or floors.

   NOTE: In the event of a covered claim requiring plumbing work, We will cover costs to return the access opening to a rough finish condition. We will pay no more than $500.00 per Contract term for concrete encased plumbing. We will pay no more than $500.00 per Contract term for repairs or replacements due to polybutylene line leaks.

   NOT COVERED: Water filters; waste water filters; water purification systems; water softeners; lines, pipes, or connectors belonging to covered pumps; grinder pumps and ejector pumps; any water well system; shower base pans; shower enclosures or doors; sinks; instant hot water devices; fixtures; faucets; shower heads; drain tile; iron filters; lawn sprinkler systems; drain fields; leach beds; cesspools; energy conservation unit flues and vents; saunas; standalone jacuzzi-type tubs; whirlpool tubs; main body of bathtub enhancement units; main body; caulking; grout; tiles; aerator systems for treating sewage and aerator system components; or failures due to screws, nails, vegetation roots, rust, sediment, or corrosion.

5. ELECTRIC

   COVERED: Wiring main service panel, sub-panels, receptacles, outlets, switches, fuse boxes, breakers, and electric wiring to central heating and cooling systems.

   NOTE: We will pay no more than $500.00 per Contract term for repairing or replacing the wiring main service panel.

   NOT COVERED: Door bell system; lighting fixtures; ceiling fans and fixtures commonly known as chandeliers; audio/video surveillance systems; intercom systems; monitors working in conjunction with the doorbell system; telephone wiring; hobby items; generators or other items that are gas-fueled, oil fueled, battery-powered, or considered antique (50 years of age or older).

6. WATER HEATERS

   COVERED: Electric, Gas, or Tankless Water Heaters: All Parts and Components.

   NOT COVERED: Oil, solar, or solar-assisted water heating units; units with a capacity of over 100 gallons; or failures due to rust, sediment, or corrosion.

7. KITCHEN REFRIGERATOR (Buyer Coverage Only)

   COVERED: All Parts and Components, except those listed below. Coverage is limited to one (1) kitchen unit only.

   NOT COVERED: Icemakers, ice crushers, water and ice dispensers, shelves, thermal shells, and doorliner.

8. DISHWASHER

   COVERED: All Parts and Components, except those listed below. Coverage is limited to one (1) kitchen unit only.

   NOT COVERED: Rollers.

9. FOOD WASTE DISPOSER

   COVERED: All Parts and Components. Coverage is limited to one (1) kitchen unit only.

   NOT COVERED: Stoppage, damage, or failure caused by material other than food.

10. COOKING RANGE/OVEN/COOKTOP

    COVERED: All Parts and Components, except those listed below. Coverage is limited to one (1) kitchen unit only.

    NOT COVERED: Box, door glass, lights, rotisseries, timers that do not affect the functions of the oven, sensi-heat burners, filters, and magnetic induction ranges/ovens/cooktops. Cracking of glass-top ranges or cooktops.

11. OVER THE RANGE OR BUILT-IN MICROWAVE

    COVERED: All Parts and Components, except those listed below. Coverage is limited to one (1) kitchen unit only.

    NOT COVERED: Door glass, cavity lining, clocks, lights, shelves, rotisseries, meat probe assemblies, countertop microwaves.

    PLATINUM COVERAGE

    In addition to the coverage listed above, the following coverage is provided under Platinum and Elite home buyer contracts.

PLATINUM COVERAGE

1. CENTRAL HEAT SYSTEM

   COVERED: Furnace unit and heat pump, accessible ductwork, fireplace gas burner unit, and thermostat controlling equipment for furnace and air conditioner, permanently mounted non-ducted heaters, humidifiers, dehumidifiers, electronic air filtering devices, and attic and exhaust fans.

   NOTE: We will pay no more than $5,000.00 under this section per Contract term. Additionally, We will pay no more than $1,500.00 per Contract term for access, diagnosis, and repair or replacement of any glycol system, self-contained package unit, or domestic hot water system (boiler), or geo-thermal system. Only for failures due to rust, sediment, or corrosion: (a) We will pay no more than $1,000.00 per Contract term, (b) no coverage will be provided for units older than thirteen (13) years, measured from the unit manufactured date, and (c) no coverage will be provided within the first thirty (30) days from the effective date of this Contract.

   NOT COVERED: All coal and wood burning equipment, conversions from coal to gas or coal to oil systems, oil storage tanks, fuel oil lines, radiant floors and all its components, space heaters, chimneys, fireplaces, flue liners, air filters, gas logs.

2. CENTRAL AIR SYSTEM

   COVERED: Central air unit not to exceed 5 tons, refrigerated and evaporative cooler, heat pump(s), water cooling storage tanks, and thermostat controlling equipment for furnace and air conditioner, and attic and exhaust fans.

   NOTE: We will pay no more than $5,000.00 under this section per Contract term. We will pay no more than $20.00 per pound for refrigerant. Additionally, We will pay no more than $1,500.00 per Contract term for access, diagnosis, and repair or replacement of any self-contained package unit or geo-thermal system. Only for failures due to rust, sediment, or corrosion: (a) We will pay no more than $1,000.00 per contract term, (b) no coverage will be provided for units older than thirteen (13) years, measured from the unit manufactured date, and (c) no coverage will be provided within the first thirty (30) days from the effective date of this Contract.

   NOT COVERED: Well pump and well pump components for geothermal or water source heat pumps, window units, portable swamp coolers, or any other device not permanently mounted and ducted.

3. PLUMBING

   COVERED: Piping: gas, hot and cold water, drain and waste lines, vent, branch, and riser lines. Plumbing Component Parts: fixtures, faucets, shower heads, toilets, and tubs, as well as wax ring seals, trip levers, risers, and in-line shut-off or supply valves leading into sinks, toilets, or tubs. Sump Pumps: all Parts and Components of the primary unit, except those listed below. Whirlpool: motors and jets. Sewage Removal Pump: All Parts and Components, except those listed below. Coverage is limited to one (1) ejector pump unit or one mounted grinder pump unit only. Domestic Water Softeners: All Parts and Components. Other: costs related to clearing septic and drain line stoppages, and costs related to accessing plumbing systems through unobstructed walls, ceilings, or floors.

   NOTE: In the event of a covered claim requiring plumbing work, We will cover costs to return the access opening to a rough finish condition. We will pay no more than $500.00 per Contract term for concrete encased plumbing. We will pay no more than $500.00 per Contract term for repairs or replacements due to polybutylene line leaks. If a sewer cable can clear a septic or drain line stoppage through an existing, accessible ground-level clean-out point, such as the main line, removable p-trap (branch line), or the drain line to the street, We will cover the cost of the sewer cable service, subject to the terms and conditions herein.

   NOT COVERED: Water filters; waste water filters; water purification systems; lines, pipes, or connectors belonging to covered pumps; any water well system; shower base pans; shower enclosures or doors; sinks; instant hot water devices; drain tile; iron filters; lawn sprinkler systems; drain fields; leach beds; cesspools; energy conservation unit flues and vents; saunas; standalone jacuzzi-type tubs; whirlpool tubs; main body of bathtub enhancement units; main body; caulking; grout; tiles; aerator systems for treating sewage and aerator system components; septic or drain-line stoppages that cannot be cleared with a sewer cable through an existing, accessible ground-level clean-out point; or failures due to screws, nails, vegetation roots, rust, sediment, or corrosion.

4. ELECTRIC

   COVERED: Wiring main service panel, sub-panels, receptacles, outlets, switches, fuse boxes, breakers, and electric wiring to central heating and cooling systems, doorbell, and permanently mounted lighting fixtures and ceiling fans.

   NOTE: We will pay no more than $500.00 per Contract term for repairing or replacing the wiring main service panel.

   NOT COVERED: Fixtures commonly known as chandeliers; audio/video surveillance systems; intercom systems; monitors working in conjunction with the doorbell system; telephone wiring; hobby items; generators or other items that are gas-fueled, oil fueled, battery-powered, or considered antique (50 years of age or older).

5. WATER HEATERS

   COVERED: Electric, Gas, or Tankless Water Heaters: All Parts and Components.

   NOTE: For failures due to rust, sediment, or corrosion, no coverage will be provided within the first thirty (30) days from the effective date of this Contract.

   NOT COVERED: Oil, solar, or solar-assisted water heating units; units with a capacity of over 100 gallons.

6. TRASH COMPACTOR

   COVERED: All Parts and Components, except those listed below. Coverage is limited to one (1) kitchen unit only.

   NOT COVERED: Removable buckets.

ELITE COVERAGE

The following items are covered under Elite home buyer contracts. These items are optional coverage for Gold and Platinum home buyer contracts.

1. HOME INSPECTION-RELATED SERVICES

   COVERED: Pre-Existing Conditions: We will cover Covered Items or Parts and Components that were not in proper working order on the Contract sale date, if not detected during the home inspection. Permits: We will cover costs for obtaining permits, up to $250.00 per occurrence. Code Violations: We will pay up to $250.00 per Contract term to correct code violations or for upgrades to Covered Items made necessary because of code violations. Improper Installation, Repairs, or Modifications: We will pay up to $1,000.00 per Contract term to repair or replace Covered Items that were improperly installed, repaired, or modified prior to or during the Contract term, if not detected during the home inspection. Removal of Defective Equipment: We will cover costs to dispose of any Covered Items or any Parts and Components of any Covered Items replaced under this Contract. Refrigerant Recapture, Reclamation, and Disposal: We will cover costs to dispose of any replaced refrigerant, not to exceed $20 per pound or $250, whichever is less.

   NOTE: In order for this coverage to apply, a written home inspection must be performed within ninety (90) days of the Contract sale date. Coverage applies only to Covered Items listed in this Contract, and in no case shall coverage for any Covered Item exceed any applicable limit.

2. CLOTHES WASHER AND DRYER

   COVERED: All Parts and Components, except those listed below.

   NOT COVERED: Venting, lint screens, rails, plastic mini-tubs, soap dispensers, and filter screens.

3. GARAGE DOOR OPENER

   COVERED: All Parts and Components, including touch pads, transmitters, hinges, and springs.

   NOT COVERED: Remote controls, garage door.

4. CENTRAL VACUUM

   COVERED: Motor, relay, switches, and wiring.

   NOTE: We will pay no more than $400.00 per Contract term for access, diagnosis, and repair, or replacement.

   NOT COVERED: Attachments, hoses, panels, powerhead assembly, secondary units, and structural components. Clogged lines.

AVAILABLE OPTIONS FOR GOLD, PLATINUM & ELITE COVERAGES

1. ALL SWIMMING POOL/SPA EQUIPMENT OPTIONS

   COVERED: All Parts and Components of the heating, pumping and filtration system, blower, pool sweep motor, and pump. The Salt Water Pool Equipment option provides coverage for the salt water pool circuit board and cell.

   NOTE: The Swimming Pool/Spa Equipment option provides coverage for a swimming pool and any covered Parts and Components that it shares with a spa. The Salt Water Pool Equipment option provides coverage for the salt water pool circuit board and cell only. If Your pool is a salt water pool, You must select and pay for both the Swimming Pool/Spa Equipment option and the Salt Water Pool Equipment option for full coverage of the components listed above to apply to Your salt water pool. If Your spa is a stand-alone spa, You must select and pay for the Stand-Alone Spa Equipment option for coverage to apply to Your stand-alone spa.

   NOT COVERED: Lights; liners; concrete encased or underground electrical wiring; plumbing or gas lines; any mechanism used in association with a waterfall, fountain, or any other attachment not associated with the primary function of the covered equipment; structural defects; solar equipment; jets; fuel storage tanks; built-in or detachable cleaning equipment including pop-up heads, turbo valves, and stand-alone pool cleaning devices.

2. STAND-ALONE ICE MAKER

   COVERED: All Parts and Components of a freestanding or under the counter ice maker that is not incorporated into a refrigerator or freezer, except those listed below. Coverage is limited to one (1) kitchen unit only.

   NOT COVERED: Ice crusher, plastic buckets, thermal shells, doorliner.

3. ADDITIONAL REFRIGERATOR OR FREEZER

   COVERED: All Parts and Components, except those listed below. Coverage is limited to one (1) additional refrigerator or freezer unit, which is separate from the kitchen refrigerator covered in 3.7.

   NOT COVERED: Icemakers, ice crushers, shelves, water and ice dispensers, thermal shells, doorliners, or walk-in freezers.

4. WATER WELL PUMP

   COVERED: All Parts and Components of the pump, motor, tank, and shaft.

   NOTE: We will pay no more than $1,200.00 per Contract term for access, diagnosis and repair, or replacement.

   NOT COVERED: Above or underground piping, cable or electrical lines leading to and from the well pump, including those that are located within the well casing, well casings, pumps that service buildings other than the Residence, pressure switches not located on the pump-booster pumps, well pump and all well components for geothermal or water source heat pumps.