Sears Protection Agreement Terms and Conditions

Purchases Made In The United States April 2024

PLEASE REVIEW THIS AGREEMENT CAREFULLY. It describes the terms and conditions of the Protection Plan that You have purchased. Please retain this Agreement along with Your sales receipt or Confirmation of Coverage for the Covered Product You purchased as proof of ownership. These are integral parts of this Agreement, and You may be required to produce such to obtain service. Your sales receipt or Confirmation of Coverage indicate the type of Plan that You purchased. This Agreement, including all terms, conditions, limitations, exceptions, and exclusions constitute the entire agreement between the Obligor and You. THIS AGREEMENT IS NOT AN INSURANCE POLICY. If any provision of this Agreement is held unenforceable, such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect. Failure by Obligor to require performance of any provision of this Agreement shall not affect Obligor’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The Terms and Conditions of the Agreement shall prevail over any conflicting, additional, or other terms of any purchase order or other document and constitute Your and Our entire understanding with respect to the Agreement.

DEFINITIONS

(1) “Authorized Service Provider” means the authorized technician retained by the Obligor to diagnose the issue(s) with the Covered Product(s), provide preventative maintenance (if applicable), and if a Covered Claim, then the party who provides authorized repair and/or replacement services under this Agreement.

(2) “Administrator” means Transform Sears Home Services LLC, 5407 Trillium Blvd, Suite B120, Hoffman Estates, IL 60192, (800) 4MY-HOME®.

(3) “Agreement” or “Plan” means this Sears Protection Agreement, including all terms, conditions, limitations, exceptions, and exclusions.

(4) “Coverage Option” means RPA or MPA Coverage Option You selected, as indicated on Your sales receipt or Confirmation of Coverage.

(5) “Covered Claim” refers to the repair or replacement of a Covered Product in accordance with the terms and conditions of this Agreement. (

6) “Covered Product” means the qualifying product(s) identified on Your sales receipt or Confirmation of Coverage that is covered by this Plan.

(7) “Effective Date” means the date You purchased this Agreement and Covered Product, as listed on Your sales receipt or Confirmation of Coverage.

(8) "Maximum Cumulative Liability” means 100% of the amount You paid for the Covered Product, as indicated on Your sales receipt or Confirmation of Coverage excluding any fees, taxes, and the cost of this Plan. If You do not have Your sales receipt or Confirmation of Coverage, then the value of the Covered Product will be based upon the fair market value of an item of like kind, quality and function.

(9) “MPA” means the Master Protection Agreement.

(10) “Plan Fee” means the purchase price of this Agreement, as shown on the sales receipt or Confirmation of Coverage, which is either paid by You in full when You purchase this Agreement or is paid by You in monthly installments. Any applicable state and local taxes are in addition to the Plan Fee or other fees payable under the Agreement.

(11) “RPA” means the Repair Protection Agreement.

(12) "We", Us” and “Our” mean the company obligated under this Agreement, the “Obligor,” as follows:

(i) Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578 in all states except in Florida and Oklahoma.
(ii) United Service Protection, Inc., P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578 in Florida.
(iii) Assurant Service Protection, Inc., P.O. Box 205689, Atlanta, GA 30348-5689, 1-877-881-8578 in Oklahoma.

(13) “You” and “Your” mean the person who purchased the Coverage Option as outlined in this Agreement, and any authorized transferee/assignee of the purchaser.

PLAN COVERAGE

(1) COVERAGE : Subject to the terms and conditions of this Agreement, We, in our sole discretion, will repair Your Covered Product that becomes inoperable and is unable to perform its primary function during the Agreement Term due to a mechanical failure caused by normal wear and tear (standard usage), or otherwise covered under Power Surge Coverage, or We will provide a comparable replacement item for such Covered Product. Replacement items will include delivery and basic installation. In the event of a replacement, any coverage remaining under the Agreement Term will be transferred to the new replacement product. Subject to the Maximum Cumulative Liability, the amount of any replacement will be an amount equal to the depreciated value of the Covered Product based on the Covered Product age and the Product Depreciate Schedule located in Section 15. Provision of depreciated value or Product replacement will fulfill Our obligations on Your Covered Product. Except as otherwise set forth in the applicable MPA, or RPA coverage sections of this Agreement, the following numbered sections apply to each Coverage Option under this Agreement.

Coverage under this Plan begins on the later of the Effective Date or the date You took possession of the Covered Product, and shall continue until the date set forth on Your sales receipt or Confirmation of Coverage or as otherwise stated within this Agreement (“Agreement Term”). This Plan is not intended to restore the Covered Product to like-new condition. Coverage is limited to repair or replacement of the Covered Product, as determined by the Coverage Options You selected.

If You purchased the Covered Product prior to the time that You purchased this Agreement, We reserve the right to obtain product information from You in order to determine eligibility for coverage. To be eligible for coverage, the product must be in proper operating condition at the start of coverage and the information You provided regarding the original purchase date of the Covered Product must be correct. Inaccurate information regarding purchase date may result in the Covered Product being ineligible for coverage. We reserve the right to inspect the Covered Product to determine eligibility for coverage. If You are not current on Your installment or monthly payments for this Agreement, You will not be eligible for coverage or benefits under this Agreement until payment is brought current.

(2) REPAIR COVERAGE : Subject to the Plan Terms and Conditions, We will directly pay on Your behalf, or reimburse You based on pre-approval by Us, the cost of parts and services that are needed to repair Your Covered Product due to a mechanical failure caused by normal wear and tear (standard usage). Replacement parts may be new or refurbished to meet the manufacturer’s specifications of the original product. Repair services will be performed by a qualified repair technician designated by Us.

(3) REPLACEMENT COVERAGE : Subject to the Plan Terms and Conditions, We have the sole right to determine whether a Covered Product will be repaired or replaced. If we determine that a Covered Product is not repairable, including situations where functional parts or technical information are not available, We will replace the Covered Product with a comparable product. We will determine and authorize the replacement amount based on the Product Depreciation Schedule in Section 15. We may choose to provide such payment in the form of a gift card, check, via a payment service, or equivalent or You will select Your replacement product from a store as designated by Us. In some cases replacement will be arranged through the manufacturer. You will have up to thirty (30) days from the date of authorization to complete the replacement process. The original Covered Product must be returned in order to receive Your replacement product. Any coverage remaining under the Agreement Term will be transferred to the new replacement product. Replacement products may be new or refurbished to meet the manufacturer’s specifications of the original product. If You choose not to have Your Covered Product replaced under this Agreement, then You may cancel this Agreement and we will refund the purchase price You paid for Your current coverage. We will not be responsible for reconfiguring space to accommodate a replacement product when a product of identical dimensions is not available.

There may be additional replacement benefits and limitations depending on Your type of Protection Plan. Please refer to the section of this Agreement that is applicable to Your type of Protection Plan.

(4) PRODUCT COMPARABILITY : In all cases, product comparability for a replacement product will be determined by Us at our sole discretion. Technological advances and replacement product availability may result in a replacement product with a lower selling price than the original Covered Product (the non-repairable Covered Product). Non-essential and or expendable components of a Covered Product are not covered repairs. We will not repair or replace Your Covered Product if the underlying issue is not required for the Covered Product’s primary function. Non-essential and or expendable components include but are not limited to clocks, timers, lights, LCD display, shelves, accessories, rotisseries, removable buckets, audio/visual, lock and key assemblies, internet connectivity devices, refrigerator water filters, remote control devices, freezers or dispensers which are not an integral part of a refrigerator.

(5) POWER SURGE COVERAGE : Subject to the Plan Terms and Conditions, this Plan protects Your Covered Product against damage or defects caused by a power surge, subject to the Maximum Cumulative Liability.

(6) DISCOUNT ON NON-COVERED REPAIRS : Subject to the Plan Terms and Conditions, You are entitled to a 25% discount off the price paid on any service performed and related parts provided by our Authorized Service Provider on a Covered Product that is not covered by this Agreement.

(7) REIMBURSEMENT ON NON-COVERED PARTS : Subject to the Plan Terms and Conditions, only on a Covered Product, You will be reimbursed 15% of the purchase price of non-covered parts such as, water filters (purchased individually or as a subscription), refrigerator coil brushes and dryer brushes purchased from Sears Parts Direct.com. Retain Your sales receipt or Confirmation of Coverage and go to www.agreementbenefits.com .

(8) FOOD LOSS REIMBURSEMENT FOR REFRIGERATORS AND FREEZERS : Subject to the Plan Terms and Conditions. we will reimburse You for any food spoilage that is the result of a mechanical failure of the Covered Product. The mechanical failure must be verified by Us. You must file Your claim within fourteen (14) days from the date the loss was verified. Please refer to the section of this Agreement that is applicable Your Coverage Option. To file Your claim visit www.agreementbenefits.com .

(9) SERVICE SCHEDULING, TIME, AND PLACE : In-home service will be performed during the Authorized Service Provider’s normal business hours. If, due to the loss of the use of Your Covered Product, Your health or safety is endangered or if damage to or loss of Your property is threatened, We will make commercially reasonable efforts to expedite service. On some products, telephone support by a technician will be available and You may be asked to check some basic operational functions and be given possible solutions to get Your Covered Product back to working condition. . Coverage applies only to products which are located at one (1) address. If Your Agreement covers more than one Covered Product, then coverage applies only to Covered Products which are located at the address on the sales receipt or Confirmation of Coverage. To schedule in-home service, call 1-800-4MY-HOME® during normal business hours.

(10) SAFETY AND ACCESSIBILITY : In the event that the Authorized Service Provider determines that Your Covered Product cannot be serviced due to poor accessibility, unsafe working conditions or that Your Covered Product cannot be restored to safe working conditions due to reasons beyond the scope of this Agreement, including, but not limited to, code violations, improper storage, improper installation that was not performed or authorized by Us, use or movement of the product or equipment, including the failure to follow the owner’s manual instructions or failure to place the product or equipment in an area that complies with the manufacturer's published space or environmental requirements, Authorized Service Provider will not be required to proceed until You remedy the applicable cause. In order for Us to provide the quality service You expect, You should cooperate fully with the service technician while in Your home; provide a safe, non-threatening environment and clear access to the Covered Product. You have the duty to follow the instructions on the owner's manual and protect the Covered Product against further damage. Failure to comply with these conditions may be cause for cancellation of this Agreement.

(11) EFFECT(S) OF MANUFACTURER’S WARRANTY ON COVERAGE : Covered Products in need of parts and service that are still covered under the manufacturer’s warranty period or recall work, will be serviced by Authorized Service Provider in accordance with the manufacturer’s guidelines. IF THE AGREEMENT TERM OVERLAPS WITH THE TERM OF YOUR MANUFACTURER'S WARRANTY, LOOK FIRST TO YOUR MANUFACTURER'S WARRANTY FOR COVERAGE. THIS AGREEMENT EXCLUDES COVERAGE FOR ANY LOSS COVERED BY YOUR MANUFACTURER'S WARRANTY, BUT MAY NEVERTHELESS PROVIDE BENEFITS IN ADDITION TO THOSE PROVIDED BY YOUR MANUFACTURER'S WARRANTY. This Agreement is inclusive of and runs concurrently with the manufacturer’s warranty, it does not replace it. This Agreement provides benefits in addition to the manufacturer’s warranty.

(12) DEDUCTIBLE : For breakdown or failure of a Covered Product covered by the Plan, You must first pay the Deductible if indicated on the sales receipt or Confirmation of Coverage. Once the Deductible has been paid for the Covered Claim (if applicable), subsequent work, performed under the Plan to repair or replace the original repair or replacement, will not be subject to additional deductibles.

(13) CANCELLATION AND REFUNDS : You may cancel this Agreement at any time for any reason by calling 1-800-4MY-HOME® or by mailing written notice of cancellation to: Cancellation Services, P.O. Box 141147 Spokane Valley, WA 99214. We may cancel this Agreement if You fail to pay, including via monthly or installment options where applicable, make a material misrepresentation, substantially breach Your duties under this Agreement, or if Authorized Service Provider or its representatives determines that it cannot service or repair Your Covered Product due to the causes listed in Section 9 of this Agreement. We may also cancel this Agreement if the Covered Products model or serial number is altered, missing or illegible. If this Agreement is cancelled by You or Us: (i) any time within the full manufacturer’s warranty period (parts & labor); or (ii) during the first sixty (60) days of the Agreement Term, You will receive a 100% refund of the purchase price paid for this Agreement. After the first sixty (60) days of the Agreement Term, We will refund the purchase price allocable to the remainder of the Agreement Term prorated on a monthly basis, less any claims paid. If You are paying Your Agreement via installment or monthly plan, and You cancel Your Agreement, for the purpose of determining Your refund, if any, the purchase price You paid to date will be deemed the purchase price of this Agreement. Any refund will be made in the same form as the original payment of this Agreement. No refund will be granted if this Agreement is cancelled after the Covered Product has been replaced. UNDER NO CIRCUMSTANCES WILL YOUR REFUND EXCEED THE VALUE OF THE PURCHASE PRICE YOU PAID FOR THIS AGREEMENT.

(14) LIMITATION OF LIABILITY : Our Maximum Cumulative Liability over the Agreement Term for covered repairs or replacements of Covered Products shall not exceed the Maximum Cumulative Liability, except as may otherwise be required by law, We and Our agents, contractors or licensees are not liable for any incidental or consequential damages, including, but not limited to, property damage, lost time, loss of use of Covered Product or any other damages resulting from the breakdown or failure of Covered Product, delays in servicing, availability of products including parts or the inability to service any Covered Product.

(15) OTHER CLAIM SETTLEMENT POLICIES AND PROCEDURES : In some cases, We may, in Our sole discretion, provide payment to You as the final outcome for a claim, in lieu of providing repair or replacement (“Claim Settlement”). We may choose to provide such payment in the form of a gift card, check, via a payment service, or equivalent. If We are unable to provide repair including where the Covered Product cannot be repaired due to unavailability of parts or otherwise or the repair is not cost effective, We may, in Our sole discretion, offer You either a replacement of like kind, quality and function or a Claim Settlement in lieu of repair or replacement. The amount of any Claim Settlement will be an amount equal to the depreciated value of the Covered Product based on the Covered Product age. Provision of depreciated value or Product replacement will fulfill Our obligations on Your Covered Product. The depreciation schedule is as follows:

Product Depreciation
Payment Schedule

Product Age	% Credit
1-2 Years	100
3 Years	80
4 Years	74
5 Years	68
6 Years	62
7 Years	50
8 Years	44
9-11 Years	40
12-14 Years	30

Payment may also be provided in lieu of a preventative maintenance check in the event a servicer is not available in Your area in Our sole discretion. Such payment will be calculated based on Our costs for parts and labor, not to exceed the authorized amount.

EXCLUSIONS

EXCEPT AS OTHERWISE PROVIDED HEREIN OR REQUIRED BY APPLICABLE LAW, THIS AGREEMENT DOES NOT APPLY TO THE FOLLOWING:

(1) ANY PRODUCT LOCATED OUTSIDE THE UNITED STATES, PUERTO RICO AND GUAM.

(2) ACCESSORIES OR ATTACHMENTS.

(3) REPAIR OF ANY COVERED PRODUCT WHICH IS DAMAGED OR MALFUNCTIONING DUE TO CAUSES BEYOND OUR CONTROL INCLUDING, BUT NOT LIMITED TO, REPAIRS NECESSITATED BY OPERATOR OR OWNER NEGLIGENCE SUCH AS THE FAILURE TO MAINTAIN THE PRODUCT ACCORDING TO THE OWNER'S MANUAL INSTRUCTIONS, IMPROPER INSTALLATION, TELEVISION BURN-IN, ACCIDENTAL DAMAGE, ABUSE, MISUSE, VANDALISM, THEFT, MOLD, MILDEW, RUST OR CORROSION, ANIMAL OR INSECT INFESTATION, DAMAGE CAUSED BY LIGHTNING AND OTHER ACTS OF NATURE.

(4) REPLACEMENT OF ANY COVERED PRODUCT FOR PRODUCT MISMATCH; PRODUCT UPGRADES; COMPONENTS OR ACCESSORIES SUCH AS BUT NOT LIMITED TO THERMOSTATS AND, PEDESTALS OR FOR ANY OF THE REASONS LISTED UNDER SUBSECTION 3. ABOVE.

(5) SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE PRODUCT OR EQUIPMENT OR REPAIRS MADE DURING THE AGREEMENT TERM WHICH ARE NOT AUTHORIZED BY US, OR ARE MADE BY PARTIES NOT SPECIFICALLY AUTHORIZED BY US, SUCH AS, BUT NOT LIMITED TO, PRODUCT THAT ARE IN A DISASSEMBLED STATE.

(6) EXPENDABLE ITEMS, INCLUDING, BUT NOT LIMITED TO: ANY FILTERS, BULBS, FLUIDS (GASOLINE, OIL, ETC.), SAW BLADES, BATTERIES, AND OTHER OPERATING SUPPLIES AND CONSUMABLE ITEMS. (SEE SECTION 6 FOR INFORMATION REGARDING THE PURCHASE OF NON-COVERED PARTS). EXCEPTIONS: TRACTOR BATTERIES AND RECHARGEABLE BATTERIES .

(7) THE FOLLOWING PRODUCTS, PARTS AND SERVICES: INSTALLATION (OTHER THAN RE-INSTALLATION REQUIRED TO COMPLETE A COVERED REPAIR OR COVERED REPLACEMENT), ANTENNA SYSTEMS, PULLING AND RE-INSTALLING OF DEEP WELL, JET OR SUBMERSIBLE WELL PUMPS.

(8) TELEPHONE, WATER, GAS, ELECTRICAL OR OTHER LINES, DRAINS, OR DUCTWORK CONNECTING TO THE PRODUCT OR EQUIPMENT.

(9) UPGRADES TO YOUR COVERED PRODUCT, PERMITS OR ANY ADDITIONAL EXPENSE INCURRED IN ORDER TO COMPLY WITH LOCAL, STATE OR FEDERAL BUILDING CODES AND OTHER LAWS AND REGULATIONS.

(10) ANY NONFUNCTIONAL REPAIRS, PARTS OR COSMETIC DEFECTS OF PRODUCTS PURCHASED AS “RECONDITIONED” OR “USED” OR PURCHASED AT OUTLET STORES.

(11) ANY PRE-EXISTING CONDITIONS.

(12) PREVENTIVE MAINTENANCE IS NOT OFFERED ON STANDALONE FREEZERS, COMPACT REFRIGERATORS AND ON ANY MERCHANDISE WHERE THE SERVICE IS NOT PROVIDED IN HOME.

(13) ANY INSURABLE RISK TYPICALLY COVERED BY INSURNACE, REGARDLESS OF WHETHER ITHE INSURER HONORS SUCH COVERAGE, INCLUDING, BUT NOT LIMITED TO ACTS OF GOD, FIRE, EARTHQUAKE, FLOOD OR WATER DAMAGE, AND HAIL.

(14) CONSEQUENTIAL AND INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, FINES, LOST CONTRACTS, LOSS OF INCOME, LOSS OF PROFITS OR LOSS OF VALUE OF CROPS.

(15) DEPRECIATION OR DIMINISHED VALUE.

(16) ANY PRODUCT USED IN A COMMERCIAL SETTING.

(17) ANY COSMETIC OR STRUCTURAL ITEMS, INCLUDING BUT NOT LIMITED TO, DAMAGE, WARPING OR RUSTING OF ANY KIND TO THE HOUSING, CASE OR FRAME OF THE PRODUCT OR ANY NON-OPERATIONAL PART, INCLUDING PLASTIC, OR DECORATIVE PARTS; OR PARTS NORMALLY DESIGNED TO BE REPLACED BY YOU PERIODICALLY BY YOU UNLESS YOU PURCHASED REPAIR PROTECTION AGREEMENT, COSMETIC DEFECT COVERAGE.

THERE MAY BE ADDITIONAL LIMITATIONS UNDER YOUR SPECIFIC TYPE OF PROTECTION PLAN BELOW . MISCELLANEOUS

(1) GOVERNING LAW : This Agreement shall be governed by and construed in accordance with the laws of the State of ILLINOIS without giving effect to any conflict of law rule or provision thereof that would result in the application of laws of any other jurisdiction.

(2) TRANSFERABILITY : This Agreement is transferable to any subsequent owner of the Covered Product subject to the terms and conditions of this Agreement. For more information on transferring Your Agreement, please call 1-800-4MY-HOME®.

(3) RENEWAL : No party is obligated to renew this Agreement beyond the expiration date of the Agreement Term. The purchase price paid by You for this Agreement may change or increase upon renewal. To renew coverage call 1-800-4MY-HOME® during regular business hours.

(4) PROMOTIONS AND DISCOUNTS : We may choose to offer promotions from time-to-time under this Agreement valued up to the limits regulated under state law.

(5) ELECTRONIC DELIVERY : If you provide your mobile number or electronic address to Us, We may electronically or via text message deliver all notices, documents and communications related to this Program to Your mobile number or electronic address. You may opt out of electronic and/or text message communications at any time.

(6) CHANGES : The Agreement originally issued to You will remain in effect throughout Your coverage term. If we adopt any revision which would broaden the coverage under this Agreement without additional payment from You within sixty (60) days prior to, or during the coverage period, the broadened coverage will immediately apply to this Agreement.

(7) ARBITRATION : Read the following arbitration provision carefully. It limits certain rights, including your right to obtain relief or damages through court action. Any claim, dispute, or controversy arising out of or relating to this Agreement, whether based in contract, tort, regulations, or any other legal or equitable theory, including but not limited to, those arising out of or in any way relating to interpretation of this Agreement, its issuance, any services provided hereunder, a breach of any provision in the Agreement, or the relationships among the Parties hereto (“Claim”) shall be resolved by individual (not class-wide nor collective) final, binding, and non-appealable arbitration administered by the American Arbitration Association (“AAA”) Consumer Arbitration Rules in effect at the time the Claim is filed (“AAA Rules”). To begin Arbitration, either you or we must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. You may get a copy of these AAA's Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019 or visiting www.adr.org . We will advance to you all or part of the fees of the AAA and of the arbitrator. Unless you and we agree otherwise, the arbitration will take place in the county and state where you live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that you give up your right to go to court on any claim covered by this provision. You also 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. Please refer to the STATE SPECIFIC EXCEPTIONS section of this Agreement for any added requirements in your state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, you and we specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between you and us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.

(8) CLASS ACTION WAIVER: You and We agree that any Claim must be brought in the parties’ individual capacity, and not as plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You and We expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

(9) INSURANCE : The obligations of this Agreement are insured by a policy issued by American Bankers Insurance Company of Florida. If we fail to meet our obligations under this Agreement, you may, sixty (60) days after filing your request for service or payment, submit your claim to American Bankers Insurance Company of Florida at: 11222 Quail Roost Drive, Miami, FL 33157, or by calling 1-800-852-2244.

In addition to the provisions above, the following Protection Plans also include the following coverage benefits and limitations:

MASTER PROTECTION AGREEMENT

(1) SERVICE PROMISE : In the event that We do not repair Your Covered laundry, kitchen or HVAC Product on our first (1st) in-home repair attempt, and You will be without the use of Your Covered Product, we will provide You with a one-time rental reimbursement or allowance up to $50 at our sole discretion. To file a claim go to www.agreementbenefits.com .

(2) COVERAGE FOR REPLACEMENT : Under Section 3, PLAN COVERAGE, and subject to the Maximum Cumulative Liability, the replacement value is an amount equal to the depreciated value of the Covered Product based on the Product Age. The Product Depreciation Schedule is located in Section 15.

(3) NO LEMON GUARANTEE : Subject to the Maximum Cumulative Liability, at Your request We will replace Your Covered Product under this MPA after three (3) separate product failures and a fourth (4th) repair is required due to defects in parts or workmanship that We provided within any continuous twelve (12) month period that the product is covered by this Agreement. Product failure will be determined by Us. Product failures for this purpose must include repair or replacement of a functional, non-expendable part and does not include preventive maintenance, product diagnosis, customer instruction, accessory, cosmetic, or non-functional repair or replacement, or any repair covered under a manufacturer’s product recall. Your request for replacement of a Covered Product must occur within 30 days from its last product failure. To secure authorization, call 1-800-4MY-HOME® . The amount of any replacement will be an amount equal to the depreciated value of the Covered Product based on the Covered Product age and the Product Depreciation Schedule located in Section 15. Provision of depreciated value or Product replacement will fulfill Our obligation on Your Covered Product.

(4) PREVENTIVE MAINTENANCE : Subject to the Maximum Cumulative Liability, at Your request, we will directly pay the Authorized Service Provider to perform one (1) preventive maintenance check-up within any Agreement year that the Covered Product is covered under this Agreement AND when the service is provided in home. Limitations of coverage may apply. See EXCLUSIONS

(5) FOOD LOSS : Subject to the Maximum Cumulative Liability, the reimbursement for food loss as stated in Section 8, PLAN COVERAGE, is limited to up to $300 per repair or replacement.

(6) COSMETIC DEFECTS COVERAGE : Cosmetic defects, which occur during the Agreement Term, are covered under this Agreement for the first three (3) years of ownership of the Covered Product from its original purchase date as set forth on the sales receipt or Confirmation of Coverage. Cosmetic defects and cosmetic incompatibility of parts are not eligible for product replacement; they are only eligible for repair. Limitations of coverage still apply.

REPAIR PROTECTION AGREEMENT

(1) SERVICE PROMISE : In the event that we do not repair Your Covered snow removal or HVAC Product on our first (1st) in-home repair attempt and You will be without the use of Your Covered Product, we will compensate You for Your inconvenience by reimbursing You for a one-time expense, such as snow removal up to $50 at our sole discretion. To file a claim go to www.agreementbenefits.com .

(2) COVERAGE FOR REPLACEMENT : Under Section 3, PLAN COVERAGE, and subject to the Maximum Cumulative Liability, the replacement value is an amount equal to the depreciated value of the Covered Product based on the Product Age and limited to up to $1,500. The Product Depreciation Schedule is located in Section 15.

(3) FOOD LOSS : Subject to the Maximum Cumulative Liability, reimbursement for food loss as stated in Section 8, PLAN COVERAGE, is limited to up to $200 per repair or replacement.

(4) EXCLUSIONS. THIS RPA DOES NOT COVER:

(i) NORMAL MAINTENANCE, SUCH AS PERIODIC TUNE-UPS AND OIL CHANGES.
(ii) NONFUNCTIONAL REPAIRS OR PARTS.
(iii) COSMETIC DEFECTS.
(iv) BENT CRANKSHAFTS, CHANGING OR ASSEMBLING ATTACHMENTS FOR TRACTORS OR RIDING MOWERS.

STATE SPECIFIC TERMS AND CONDITIONS

The following state specific requirements apply if Your Agreement was purchased in one of the following states and supersede any other provision herein to the contrary: GA, OR, UT, WI and WY: The ARBITRATION provision is not applicable to You.

AL, AR, CO, MA, ME, MN, MO, NJ, NM, NV, NY, SC, WA, WI and WY: If you cancel this Agreement within twenty (20) days of the date the Agreement was mailed, or within ten (10) days of delivery, and there is no claim, a full refund including applicable sales tax will be made.

MD and VT: If you cancel this Agreement within the first twenty (20) days after receipt, and there is no claim, a full refund including applicable sales tax will be made.

AL, AR, CO, DC, GA, HI, MA, MD, ME, MN, MO, NJ, NY, NV, SC, TX, WA, WI and WY: A ten percent (10%) penalty per month (or portion thereof) and any accrued penalties shall be added to any refund not paid to you within forty-five (45) days thirty (30) days in NY and WA after this cancellation date.

AL, AR, CO, DC, HI, MA, MT, NJ, NY, TX, SC and WY: If We cancel this Agreement, We will provide written notice with the cancellation date and reason for cancellation at the last known mailing or electronic address at least five (5) days ten (10) days in WY and fifteen (15) days in AR, NY, and SC prior to the cancellation date. Prior notice is not required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use.

AL, CA, MO and NH: No claims paid will be deducted from any refund regardless of who initiates the cancellation.

AL, AR, ME, MO, NY, OR, SC, VT and WA: If an emergency occurs that requires a repair when the Administrator’s office is closed and prior authorization cannot be obtained, You may contact the Administrator immediately following the emergency repairs to report the claim.

ALABAMA . All references to the state of "Illinois" are replaced with "Alabama".

ARIZONA . Any and all pre-existing conditions known by you that occurred prior to the coverage start date, are excluded except if such conditions were known or should reasonably have been known by us or our subcontractors. We will not cancel or void this Agreement due to acts or omissions of us or our subcontractors for failure to provide correct information or failure to perform the services or repairs provided in a timely, competent, workmanlike manner. We will not cancel this Agreement due to misrepresentation either by us or any person selling the Agreement on our behalf. We may cancel or void this Agreement due to material acts or omissions by you which may include your fraudulent or unlawful acts arising out of or relating to this Agreement or your use of the Covered Product in a manner other than as intended by the manufacturer that is likely to increase the likelihood that the Covered Product will be damaged or require repairs. Notwithstanding the Arbitration provision, you have the right to file a complaint with the Arizona Department of Insurance and Financial Institutions (D.I.F.I.). You can file a complaint with the D.I.F.I. against a Service Company issuing an approved Agreement by contacting the Consumer Protection Division of the D.I.F.I., at phone number 602-364-2499 or difi.az.gov.

CALIFORNIA . The administrator on this Agreement is Transform Sears Home Services LLC, C/O Sears Home Services, Attn: Protection Agreements Administration, PO Box 521728, Longwood, FL 32752, 331-255-3327. HVAC, Business and Commercial coverages are not applicable in California. If You cancel after the first sixty (60) days You will receive a prorated refund of the purchase price paid. We may only cancel this Agreement for nonpayment, material breach or fraud by You. You may cancel this Agreement if You return the Products, or if the Products is sold, lost, stolen, or destroyed. The arbitration provision does not limit or abridge in any way the filing by a California resident of a civil action to enforce rights conferred by the Ralph Civil Rights Act, California Civil Code Section 51.7. Nothing herein shall prevent You from bringing an action in a small claims court of appropriate jurisdiction for damages not to exceed $5,000.00. The arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Department of Consumer Affairs. To learn more about this process, You may contact them at 1-800-952-5210, or You may write to Department of Consumer Affairs, 4244 S. Market Court, Suite D, Sacramento, CA 95834, or You may visit their website at www.bhgs.dca.ca.gov Form ID in California: SEPP0009S-0224 v1-0224.

CONNECTICUT . You may cancel this Agreement if You return the Covered Product, or the Covered Product is sold, lost, stolen or destroyed. If we are unable to resolve any disputes with You regarding this warranty, You may file a written complaint with 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 Covered Product subject to the extended warranty, the cost of repair of the Covered Product, and a copy of the Agreement. If Your term of coverage is less than one (1) year, Your Agreement will be automatically extended by the duration that the Covered Product is withheld from You while being repaired.

FLORIDA . The rate charged for the Agreement is not subject to regulation by the Office of Insurance Regulation. 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. The Arbitration action will take place in the county where You reside.

GEORGIA . Any pre-existing conditions known by You that occur prior to the Effective Date of this Agreement. Service required as a result of any alteration of the product or equipment or repairs by you or with your knowledge made during the Agreement Term which are not authorized by us, or are made by parties not specifically authorized by us, such as, but not limited to, product that are in a disassembled state. If You cancel this Agreement within twenty (20) days of the date the Agreement was mailed, or within ten (10) days of delivery, a full refund including applicable sales tax will be made. If you cancel this Agreement after twenty (20) days, the issuer shall refund you 100% of the unearned pro rata purchase price, less any claims paid. We may cancel this Service Contract at any time only for fraud, material misrepresentation or for nonpayment by You. If we cancel this Agreement, you will be refunded 100% of the unearned pro rata purchase price, less any claims paid. You will be provided written notice at least thirty (30) days prior to cancellation. Notice of cancellation will state the effective date and reason for cancellation. If a dispute arises between the English and Spanish, due to issues of interpretation, the English version will prevail in all cases.

INDIANA . Proof of payment to the Agreement seller or Administrator constitutes proof of payment to American Bankers Insurance Company of Florida, issuer of the insurance policy that insures the Agreement’s obligations. This Agreement is not insurance and is not subject to Indiana insurance law.

MAINE . If we cancel Your Agreement, we will mail written notice to You at Your last known address at least fifteen (15) days prior to cancellation stating the Effective Date of cancellation and the reasons. If we cancel Your Agreement, the unearned pro rata refund of the purchase price less the actual cost of any service received shall accompany the written notice of cancellation unless cancellation is for nonpayment.

MARYLAND : This Agreement is extended automatically when we fail to perform the services under this Agreement. This Agreement will not terminate until services are provided in accordance with the terms of the Agreement.

MICHIGAN . If performance of the Agreement is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.

MINNESOTA . If we cancel Your Agreement, we will mail written notice to You at Your last known address stating the Effective Date of cancellation and the reason for cancellation at least fifteen (15) days before cancellation. You will receive five (5) days’ notice if the reason for cancellation is nonpayment of the purchase price, a material misrepresentation by You to Us, or a substantial breach of duties by You relating to the Covered Product or its use. Any Arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Federal Warranty Service Corporation.

NEVADA . All references to the state of “Illinois” are replaced with “Nevada”. If You have an emergency which involves the loss of heating or cooling, plumbing, substantial loss of electrical service, and the emergency renders a dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling, repairs will begin within twenty-four (24) hours after the report of Your claim and will be completed as soon as reasonably practicable thereafter. If we determine that the repairs cannot be practicably completed within three (3) calendar days after the report of the claim, we will provide a status report to You at Your last known address and the Commissioner by electronic mail at [email protected] no later than three (3) calendar days after the report of the claim. If You are not satisfied with the manner in which we are handling the claim on Your Agreement, You may contact the Commissioner by calling the toll-free number, (888) 872-3234. We may not cancel this Agreement once it has been in effect for seventy (70) days, except for the following conditions: failure by You to pay the Agreement price; the conviction of You of a crime which results in an increase in the service required under the Agreement; fraud or material misrepresentation by You in purchasing the Agreement or in the presentation of a claim; the discovery of an act or omission, or a violation of any condition of the Agreement by You which substantially and materially increases the service required under the Agreement; or a material change in the nature or extent of the service required under the Agreement which occurs after the purchase of the Agreement and substantially and materially increases the service required beyond that contemplated at the time of purchase. If we cancel, You will receive a refund equal to the unearned pro rata purchase price. No claims or repairs incurred may be deducted from any refund. If we cancel Your Agreement, we will mail written notice to You within fifteen (15) days of cancellation stating the Effective Date of cancellation and the reasons. Any pre-existing conditions known by you that occur prior to the effective date of this Agreement. This Agreement will not cover any unauthorized or non-manufacturer-recommended modifications to the Covered Product, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Product is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer-recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreement .

NEW HAMPSHIRE. In the event that You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301; telephone 1-800-852-3416. Arbitration shall be held at a location selected by Us within the state in which the Agreement was purchased. Any arbitration proceeding is subject to RSA 542. Any or all loss or damage that occur prior to the Effective Date of this Agreement will not be covered .

NEW MEXICO . If You have any concerns regarding the handling of Your claim, You may contact the Office of Superintendent of Insurance at 855-427-5674. A ten percent (10%) penalty for each thirty (30) day period or portion thereof, and any accrued penalties, shall be added to a refund that is not paid or credited within sixty (60) days after this Agreement is cancelled. If this Agreement has been in force for a period of seventy (70) days, we may not cancel your Agreement before the expiration of the term or one (1) year, whichever occurs first, unless you fail to pay any amount due; your conviction of a crime that results in an increase in the service required under the Agreement; discovery of fraud or material misrepresentation by you in obtaining the Agreement or in presenting a claim for service thereunder; or discovery of either of the following if it occurred after the effective date of the Agreement and substantially and materially increased the service required under the Agreement: an act or omission by you; or a violation by you of any condition of the Agreement. Cancellation will be effective at least fifteen (15) days after the notice of cancellation is mailed to you. The purchase of an Agreement is not required either to purchase or obtain financing for the Covered Product.

NEW YORK . The purchase of an Agreement is not required either to purchase or obtain financing for the Covered Product.

NORTH CAROLINA . This Agreement shall be non-cancelable by the obligor or the Administrator except for nonpayment of premium or direct violation of the Agreement by You. The purchase of the Agreement is not required in order to obtain financing for the Covered Product.

OKLAHOMA . The Oklahoma License Number is 44199246. All references to the state of “Illinois” are replaced with “Oklahoma”. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial use references in service warranty contracts. NON-BINDING ARBITRATION: Read the Following Arbitration Provision ("Provision") Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action Prior to Engaging in Non-Binding Arbitration. Disputes under this Agreement shall be subject to mandatory, non-binding arbitration. To begin Arbitration, either You or we must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of these AAA's Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019 or visiting www.adr.org . We will advance to You all or part of the fees of the AAA and of the arbitrator. Unless You and we agree otherwise, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that You give up Your right to go to court on any Covered Claim covered by this provision. You also 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. Please refer to the STATE SPECIFIC EXCEPTIONS section of this Agreement for any added requirements in Your state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and we specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.

SOUTH CAROLINA . In the event of a dispute with the Obligor of this Agreement and does not timely resolve such matters within sixty (60) days of proof of loss, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201 or (800) 768-3467. All references to cash settlement in the form of a gift card or check are deleted.

TEXAS . The registration number for Transform Sears Home Service LLC is 331. The purchase of the Agreement is not required in order to obtain financing for the Covered Product. If You have complaints or questions regarding this Agreement, You may contact the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, 1-512-463-6599 or 1-800-803-9202 (within Texas only).

UTAH . The Obligor under this Agreement is Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578. The obligations of this Agreement are insured by a policy issued by American Bankers Insurance Company of Florida. If we fail to meet our obligations under this Agreement, you may, sixty (60) days after filing your request for service or payment, submit your claim to American Bankers Insurance Company of Florida at 11222 Quail Roost Drive, Miami, FL 33157, or by calling 1-800-852-2244. If we can cancel this Agreement, you will receive written notice at least thirty (30) days prior to the cancellation date. After sixty (60) days, we may only cancel for the following reasons: material misrepresentation; substantial change in the risk assumed, unless we should reasonably have foreseen the change or contemplated the risk when entering into the Agreement; or substantial breach of contractual duties, conditions, or warranties. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Any pre-existing conditions that occur prior to the effective date of this Agreement .

VERMONT . All references to the state of “Illinois” are replaced with “Vermont”.

VIRGINIA . If any promise made in the Agreement has been denied or has not been honored within 60 days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.

WASHINGTON . All references to the state of “Illinois” are replaced with “Washington”. Nothing in the section headed ‘Arbitration’ shall invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Agreement. All arbitrations will be held in the county in which You maintain Your permanent residence. Obligations under this Agreement are backed by the full faith and credit of the obligor. If we cancel Your Agreement, we will mail written notice to You at Your last known address within twenty-one (21) days of cancellation stating the Effective Date of cancellation and the reasons.

WISCONSIN . THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE . This Agreement is not a contract of insurance. This is a ‘service contract’ as regulated under Wisconsin Law and as referenced in the Federal Public Law 93-637. We may cancel this Agreement at any time for nonpayment of the purchase price, fraud or material misrepresentation or substantial breach of duties by You. We will send You written notice, with the cancellation date and the reason for cancellation, at least five (5) days before cancellation. We will refund the unearned pro-rata price less any claims paid. In the event of a total loss of property covered by this Agreement that is not covered by a replacement product pursuant to the terms of the Agreement, You shall be entitled to cancel the Agreement and receive a refund of the pro-rata price, less any claims paid.