877-775-3274
 

ProtectCELL Accidental Damage Plan Terms & Conditions


Form: PCDV-ADH-05202013


MOBILE DEVICE REPAIR AND REPLACEMENT PLAN AGREEMENT
This Agreement is not a Contract of Insurance.

PLEASE READ THIS AGREEMENT CAREFULLY. It describes the protection You will receive in return for payment by You. You must keep this Agreement, Your sales invoice and receipt for the product You purchased. They are integral parts of this Agreement and You may be required to produce them to obtain service. You must maintain the Covered Product as recommended by the manufacturer’s owner’s manual or product warranty. Refer to the Declarations Page of this Agreement or Your sales invoice or receipt to determine the term of this Agreement and whether there is a deductible required to obtain service.
Any person who knowingly and with intent to injure, defraud, or deceive any insurer or its insured and files a statement of claim or any application containing false, incomplete or misleading information may be guilty of a felony.

I. DEFINITIONS:
  (1) “We”, “Us”, and “Our” mean the Company obligated under this Agreement, 4warranty Corporation, [2301 Park Avenue, Suite 402, Orange Park, FL 32073] [(800) 867-2216], in all states except in Florida and Oklahoma where it is Lyndon Southern Insurance Company, [10151 Deerwood Park Blvd., Bldg. 100, Suite 500, Jacksonville, FL 32256], [(800) 888-2738], and in Washington where it is Dealers Alliance Corporation, [3518 Riverside Drive, Upper Arlington, OH 43221], [(800) 282-8913], and in Arizona, Colorado, Maine and North Carolina where it is the Selling Retailer;
  (2) “You” and “Your” mean the purchaser of the Covered Product(s) and any authorized transferee/assignee of the purchaser;
  (3) “Administrator” means Digital Leash, LLC d/b/a ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375], [(877) 775-3274], in all states;
  (4) “Selling Retailer” means the entity selling the Covered Product and this Agreement; and
  (5) “Covered Product” means the consumer item(s), which You purchased and is covered by this Agreement.
  (6) “Standard Phone” means mobile phones and mobile devices that do not require a data package from a wireless carrier (also encompasses air cards and MiFi Devices).
  (7) “Smart Phone” means mobile phones and mobile devices that require a data package from the wireless carrier.
  (8) “Premium Device” means advanced devices including the most recently launched version of a smart phone and devices that are referenced as tablets, netbooks, or other computing type devices.
  (9) “Waiting Period” means thirty (30) days when a Covered Product is purchased on a date other than the membership enrollment date. We may waive the Waiting Period if the date You purchased Your Covered Product and the date You purchased membership are the same date.
 
IIA. REPLACEMENT PLAN:
  (1) Eligible Devices: Mobile phones and tablets that are two (2) years old or less are eligible for coverage under the Replacement Plan. Proof of purchase, copy of telecommunications provider bill, or other document identifying ownership may be required prior to submission of a request for replacement under the Replacement Plan. The information requested may be provided by email to [info@protectcell.com] or by fax to [(866) 280-8635].
  (2) Term: The Replacement Plan term is either one (1) year or two (2) years from the date Replacement Plan is purchased depending on the plan purchased. The term of this Agreement begins on the purchase date of the Protection Plan and continues for the period indicated on the Declarations Page, Your sales invoice or receipt. THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY.
  (3) Coverage: With regard to all membership enrollment requests, including those which require a predefined Waiting Period, the coverage specified in this Agreement begins at 12:01 a.m. on the later of the date of such request or the expiration of any predefined required Waiting Period as indicated on the Declarations Page of this Agreement, Your sales invoice or sales receipt, whichever is greater. Accidental Damage in Handling (“ADH”) coverage shall begin upon expiration of the predefined Waiting Period in Section I(9) of this Agreement.
    (A) We may replace Your Covered Product due to a:
      (1) Mechanical or electrical breakdown, including those experienced during normal wear and tear,
      (2) Mechanical or electrical breakdown caused by a direct result of a power surge, and
      (3) ADH as defined in this Agreement in Section 4 (below). You are responsible for retaining Your SIM card and backing up all software, ring tones, pictures and data on Your phone prior to replacement.
    (B) If You submit Your request for enrollment for coverage after the Initial Activation of Your Covered Product, Your coverage under this Agreement may require the successful completion of a test call to the “Covered Product” prior to becoming effective. In the event a test call is performed, We or Our authorized representative will notify You within 30 days if Your enrollment request is not approved.
  (4) Conditions at the Time of Loss: In the event of a covered Loss, We will arrange for the replacement of Your Covered Product.
    (A) Replacement equipment may be remanufactured equipment, or different equipment of like kind and quality. Phone color, brand model, features and functions may be different and accessory compatibility is not guaranteed.
    (B) Replacement equipment will be approved equipment for use on the network of Your Service Provider and in the same equipment category and value as the Covered Product at the time of Loss.
    (C) In all cases where replacement is not possible, You may be paid the retail value of Your Covered Product not to exceed the purchase price, excluding sales tax, delivery and handling.
    (D) Equipment failure evaluation must be performed prior to approval of Your request for replacement of the Covered Product.
  (5) Limit of Liability:
    (A) Aggregate Coverage Limit: An aggregate limit of $1,500.00 USD applies to total covered Losses to Your Covered Product for any one twelve (12) month period. The twelve month period is calculated based on the Date of Replacement for each covered loss.
    (B) Aggregate Replacements Limit: A maximum of two (2) replacements of Your Covered Product will be allowed in any one twelve (12) month period. The twelve month period is calculated based on the Date of Replacement for each covered Loss.
  (6) How to Get Service: Contact the Administrator and You will be advised how to obtain service. Call the toll-free number at [(877) 775-3274] between the hours of [9:00 AM and 6:00 PM, Eastern Time], or go online to [www.protectcell.com] and log in to Your account. All replacements must be authorized by the Administrator. Check that the batteries do not need replacing or recharging.
EMERGENCY SERVICE: In Utah Only: If after [6:00 PM, Eastern Time], You are unable to reach Us at [(877) 775-3274] and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Us Your original repair bill along with the technician’s report and a copy of the Agreement to Digital Leash, LLC d/b/a ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375] for reimbursement. All coverage and exclusions in this Agreement will apply.
    (A) Prior to service being performed, You will be required to provide a valid credit card number to satisfy the deductible amount described below. Your failure to take delivery of replacement equipment after Our claim approval will result in forfeiture of the replacement equipment and Your claim under this Agreement.
    (B) If We replace Your Covered Product You are required to send Us Your defective Covered Product. YOU MUST RETURN THE COVERED PRODUCT TO US IN THE RETURN MAILER WE PROVIDE WITHIN TEN (10) BUSINESS DAYS OF RECEIVING THE RETURN MAILER, OR YOUR CREDIT CARD WILL BE CHARGED $100 IF YOU HAVE A STANDARD PHONE, $200 IF YOU HAVE A SMART PHONE, or $300 IF YOU HAVE A PREMIUM DEVICE. YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE COVERED PROPERTY AS DIRECTED.
    (C) The Administrator will issue You a prepaid return shipping label. You must ship Your damaged or defective item to the Administrator at the address provided. Please make sure Your product is properly protected with other protective materials as needed. Your credit card will be charged for the amount of the replacement unit if Your failed product is damaged in shipping to Us.
  (7) Deductible: Each replacement of Your Covered Product is subject to a nonrefundable deductible per covered Loss as follows: For a Standard Phone: $50 for Your first replacement device, $80 for the second device; For a Smart Phone: $125 for Your first replacement device, $150 for the second device; For a Premium Device: $150 for Your first replacement device, $200 for Your second device. You must make this payment before We will authorize a replacement. You will be required to furnish Us with a valid credit card number to satisfy Your deductible.
 
IIB. REPAIR PLAN:
  (1) Eligible Devices: Mobile phones and tablets that are two (2) years old or less are eligible for coverage under the Repair Plan. Proof of purchase, copy of telecommunications provider bill, or other document identifying ownership may be required prior to submission of a request for replacement under the Replacement Plan. The information requested may be provided by email to [info@protectcell.com] or by fax to [(866) 280-8635].
  (2) Term: For the Repair Plan, the term of this Agreement begins on the date of purchase and continues for the period indicated on the face of this Agreement or as indicated in the Declarations Page, Your sales receipt or invoice. Coverage for mechanical breakdown and covered defects is effective upon the expiration of the shortest portion of the manufacturer’s warranty. Waiting Period for ADH: Coverage for ADH begins upon expiration of the Waiting Period defined in Section I(9) of this Agreement, or on Your sales receipt or invoice. In the event Your Covered Product is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended until covered repair has been completed. THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY.
  (3) Coverage: We will repair or replace the Covered Product, at Our discretion, due to a mechanical or electrical breakdown, including those experienced during normal wear and tear, or from ADH as defined in this Agreement in Section III. A mechanical or electrical breakdown caused by a direct result of a power surge is also covered. Parts will be replaced with those of like kind and quality. We may use new or remanufactured parts. If the Covered Product cannot be repaired; if the cost of the repair exceeds the original purchase price; if parts are no longer available or are discontinued by the manufacturer, the Covered Product will be replaced as determined by Us with a product of similar quality and features. You are responsible to backup all computer software and data prior to commencement of repair.
  (4) Limit of Liability: Our limit of liability for Your Covered Product under the Repair Plan is the cost of authorized repairs, or replacement as determined by Us, with a product of like quality and similar features. In no event will Our total liability for repairs or replacement exceed Your purchase price for the Covered Product, excluding sales tax, delivery and installation costs. A maximum of two (2) repairs of Your Covered Product, with an aggregate limit of $1,500.00 in total covered losses, will be allowed in any one twelve (12) month period. The twelve month period is calculated based on the Date of Repair for each covered Loss. SERVICE COSTS, BREAKDOWN CHARGES, INSPECTION FEES, OR ESTIMATE CHARGES FOR REPAIRS NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY.
  (5) How to Get Service: You must Contact the Administrator for the appropriate authorized service center. Call the toll-free number at [(877) 775-3274] between the hours of [9:00 AM and 6:00 PM, Eastern Time], or go online to [www.protectcell.com]. All repairs must be authorized by the Administrator prior to performance of work. Claims on unauthorized repairs may be denied. You may be asked for a credit card number prior to service being performed. Many oversights, which are not covered under this Agreement, can be due to simple circumstances such as the Covered Product not being switched on, being unplugged, or a fuse blown at the junction box. For a Covered Product that uses batteries as the prime power supply, check that the batteries do not need replacing or recharging. EMERGENCY SERVICE: In Utah Only: If after [6:00 PM, Eastern Time], You are unable to reach Us at [(877) 775-3274] and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Us Your original repair bill along with the technician’s report and a copy of the Agreement to Digital Leash, LLC d/b/a ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375] for reimbursement. All coverage and exclusions in this Agreement will apply.
  (6) Service Deliverables: There may be a deductible required to obtain service for Your Covered Product as indicated on the Declarations Page of this Agreement. You will receive service on Your Covered Product as described below and as indicated on the Declarations Page of this Agreement:
   
  • Carry-In: Unless otherwise provided in this Agreement, Covered Products must be delivered and picked up by You at Our authorized service center during normal business hours.
  • Depot: We will provide You with a shipping label for You to ship Your failed product to the nearest repair facility. You are responsible for all costs of postage, insurance, packaging and shipping. Your product must be properly protected with bubble wrap or other protective materials. We are not responsible for and have no liability for product damaged in shipping. Your repaired product will be mailed back to You at no charge.
  • Express: We will mail a shipping box and return label with instructions for You to ship Your failed product to Our designated repair facility. We will pay for return postage of Your repaired product.
 
III. ACCIDENTAL DAMAGE IN HANDLING (“ADH”):
  Your product is protected against accidental damage in handling such as drops, water damage and liquid spills. ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the “What is Not Covered” section of this Agreement. Any resultant damage from this type of treatment is NOT covered by this ADH program. For the purpose of this Agreement, Accidental Damage is defined as a single, unexpected and unintentional event and does not include accumulated damage from continual or multiple events. The use of this coverage requires an explanation of where and when the accident occurred as well as a detailed description of the actual event.
 
IV. WHAT IS NOT COVERED:
  (1) Product repairs or replacements that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs or replacements;
  (2) Cleaning; Periodic checkups; preventive maintenance;
  (3) Any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold “AS-IS” including but not limited to floor models, demonstrations models, etc.;
  (4) Except as noted in Section IIA(3) and IIB(3) above, parts or repairs due to normal wear and tear unless tied to a breakdown and items normally designed to be periodically replaced by You during the life of the product, including but not limited to batteries;
  (5) Except as noted in Section IIA(3) and IIB(3) above, damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; failure to follow the manufacturer’s instructions; external causes, including third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; acts of God or consequential loss of any nature;
  (6) Loss or damage caused by war; invasion; act of foreign enemy; hostilities; civil war; rebellion; riot; strike; labor disturbance; lockout; or civil commotion;
  (7) Incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the Covered Product is at an authorized service center or awaiting parts;
  (8) Failures that occur outside of the 50 states of the United States of America and the District of Columbia;
  (9) Non-functional or aesthetic parts including but not limited to plastic housing;
  (10) Unauthorized repairs and/or parts;
  (11) Cost of installation, setup, diagnostic charges, removal or reinstallation of the Covered Product, except as provided herein;
  (12) Accessories used in conjunction with a Covered Product;
  (13) Any other loss other than a covered breakdown;
  (14) Service where no problem can be found; noises; squeaks; breakdowns which are not reported during the term of this Agreement;
  (15) Loss due to the intentional parting of Your Covered Product by You or anyone entrusted with Your Covered Product; Loss due to intentional, dishonest, fraudulent or criminal acts by You or Your family members; any of Your authorized representatives; anyone You entrust with Your Covered Product; and any of their family members; or anyone else with an interest in Your Covered Product for any purpose, acting alone or in collusion with others;
  (16) Loss due to obsolescence, including technological obsolescence, of Your Covered Product;
  (17) Loss caused by or resulting from change or enhancement in color, texture, or finish; Loss caused by or resulting from expansion, contraction, or any cosmetic damage of Your Covered Product, however caused; Scratches and marring that occur to Your Covered Product;
  (18) Loss or damage to or of personalized data, such as contact lists, photos, video, and music downloads is not covered; Loss or damage to or of customized software, such as personal information managers (PIM’s), ring tones, games, or screen savers is not covered; Loss or damage to or of antennas, external housings, or casings that does not affect the mechanical or electrical function of the Your Covered Product is not covered; and
  (19) Any Loss or damage caused by or through or in consequence, directly or indirectly, of Computer Virus, whether intentional or unintentional, and whether such loss be direct or indirect, proximate or remote or be in whole or in part caused by, contributed to or aggravated by the covered causes of Loss covered under this Agreement.
 
V. CONDITIONS:
  (1) Transferability: This Agreement is not transferable.
  (2) Territories: The Agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canadian or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
  (3) Subrogation: If We pay for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover.
  (4) Arbitration: In the event of a disagreement between You and Us concerning costs, either party may make a written demand for arbitration. This must be done within sixty (60) days after the day You filed Your claim. Each party will select an arbitrator. The two (2) arbitrators will select an umpire. Each party will pay the expenses of the respective arbitrator selected. The expenses of the umpire will be shared equally. Unless both parties agree otherwise, arbitration will take place in the county and state in which You live. Local rules will apply. A majority decision will be binding.
State Variations:
    (A) In Arizona: Arbitration does not preclude the consumer&rsquols right to file a complaint with the Arizona Department of Insurance Consumer Affairs Division, (800) 325-2548.
    (B) In California: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highlands, CA 95660, or You may visit their website at www.bear.ca.gov. Informal dispute resolution is not available.
    (C) In Florida, Georgia, and Oregon: The “Arbitration” section of this Agreement is removed.
    (D) In Oklahoma: Arbitration does not preclude Your right to a judicial review. If agreement by arbitration is not reached within three months from the date of the demand for arbitration, You retain the right to sue the tortfesor.
    (E) In Utah: Any matter in dispute between You and the Company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the Company. Any decision reached by arbitration shall be binding upon both You and the Company. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction.
    (F) In Washington: Arbitration proceedings are to be held at a location in closest proximity to the service contract holder’s permanent address.
    (G) In Wyoming: Arbitration can only be final and binding if agreed to by the parties involved, in a separate written agreement.
  (5) Cancellation: You may cancel this Agreement for any reason at any time by contacting the Administrator by phone at [(877) 775-3274]; by email at [info@protectcell.com]; or in writing to ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375]. If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement You must first return to the Selling Retailer for a full refund, less the cost of claims paid. If You cancel after thirty (30) days of receipt of Your Agreement, You must first return to the Selling Retailer or to the Obligor, should the Selling Retailer not be available, and You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation. If We cancel, the return premium is based upon one hundred percent (100%) of the unearned pro-rata premium.
State Variations: The following state variations will control if inconsistent with any other provisions:
    (A) In Alabama, Arkansas, California, Hawaii, Maryland, Nevada, New York, South Carolina, Texas, Washington and Wyoming: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement.
    (B) Arizona Only: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation.
    (C) California Only: You may cancel this Agreement for any reason at any time. If You cancel Your Agreement within sixty (60) days of receipt of Your Agreement You must first return to the Selling Retailer for a full refund. If You cancel after sixty (60) days of receipt of Your Agreement, You must first return to the Selling Retailer or to the Obligor should the Selling Retailer not be available, and You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation. If We cancel, the return premium is based upon one hundred percent (100%) of the unearned pro-rata premium.
    (D) Connecticut Only: You may cancel this Agreement if You return the Product or the Product is sold, lost, stolen, or destroyed.
    (E) Georgia Only: If You cancel after thirty (30) days of receipt of Your Agreement, You will receive a pro rata refund of the Agreement price. In the event of cancellation by US, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You.
    (F) Maine Only: The provider of the contract shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the provider at least 15 days prior to cancellation by the provider. The notice must state the effective date of the cancellation and the reason for the cancellation. If a service contract is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the service contract holder 100% of the unearned pro-rata provider fee, less any claims paid. An administrative fee not to exceed 10% of the provider fee paid by the service contract holder may be charged by the provider. A monthly penalty equal to 10% of the outstanding provider fee outstanding must be added to a refund that is not paid or credited within 45 days after the return of the service contract to the provider.
    (G) Massachusetts Only: The provider shall mail a written notice to the contract holder, including the effective date of the cancellation and the reason for the cancellation at the last known address of the service contract holder contained in the records of the provider at least 5 days prior to cancellation by the provider unless the reason for cancellation is nonpayment of the provider fee, material misrepresentation or a substantial breach of duties by the service contract holder relating to the covered product or its use.
    (H) Nevada Only: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation.
    (I) New Mexico Only: We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Agreement has been in force for a period of seventy (70) days, We may not cancel it before the expiration of the Agreement term or one (1) year, whichever occurs first, unless:
      (1) You fail to pay the amount due;
      (2) You are convicted of a crime which results in an increase in the service required under the Agreement;
      (3) You engage in fraud or material misrepresentation in obtaining this Agreement; or
      (4) You commit any act, omission, or violation of any terms of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within sixty (60) days of receipt of a returned service contract.
    (J) North Carolina Only: We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of this Agreement.
    (K) Oklahoma Only: In the event You cancel this Agreement, return of premium shall be based upon ninety percent (90%) of the unearned pro rata premium. In the event We cancel this Agreement, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium.
    (L) Oregon and Texas Only: You, the contract holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your contract is returned to the provider.
    (M) Utah Only: We can cancel this Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Agreement during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for nonpayment of premium and thirty (30) days prior to the cancellation date for any of the following reasons:
      (1) material misrepresentation;
      (2) substantial change in the risk assumed, unless the We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement, or
      (3) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following:
        (a) the Agreement number,
        (b) the date of notice,
        (c) the effective date of the cancellation, and,
        (d) a detailed explanation of the reason for cancellation.
    (N) Washington Only: We may not cancel this Agreement without providing You with written notice at least twenty-one (21) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation.
  (6) Entire Agreement: This is the entire Service Agreement between the parties, and no representation, promise or condition not contained herein shall modify these items.
  (7) State Variations: The following state variations will control if inconsistent with any other provisions:
    (A) Arizona Only: In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (4) is removed.
    (B) Connecticut Only: If You purchased this Agreement in Connecticut, You may pursue arbitration to settle disputes between You and the provider of this Agreement. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attention: Consumer Affairs. The written complaint must describe the dispute, identify the price of the Product and cost of repair, and include a copy of this Agreement.
    (C) Florida Only: The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation.
    (D) Georgia Only: Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (4) is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Agreement and/or any sold “AS-IS” including but not limited to floor models, demonstration models, etc.
    (E) Michigan Only: If performance under this Agreement is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.
    (F) Nevada Only: This Agreement may contain a Waiting Period. Please check Your Declarations Page to see whether a Waiting Period exists for this Agreement and, if so, what the length of the Waiting Period is.
    (G) New Hampshire Only: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, NH 03301, (603) 271-2261.
    (H) Oklahoma Only: This Agreement is not issued by the manufacturer or wholesale company marketing the Covered Product covered by this Agreement. This Agreement will not be honored by such manufacturer or wholesale company. Oklahoma service warranty Statutes do not apply to commercial use references in service warranty contracts. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association.
    (I) Oregon Only: Upon failure of the obligor to perform under the contract, the insurer shall pay on behalf of the obligor any sums the obligor is legally obligated to pay and any service that the obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination.
    (J) South Carolina Only: If You purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, SC 29202-3105, telephone number 803-737-6180.
    (K) Texas Only: If You purchased this Agreement in Texas, unresolved complaints or questions concerning the regulations of service contracts may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, telephone number (512) 463-2906 or (800) 803-9202. You may contact the Administrator, License Number 213, by phone at [(877) 775-3274]; by email at [info@protectcell.com]; or in writing to ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375].
    (L) In Utah: This service contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim.
    (M) In Washington: You are not required to wait sixty (60) days before filing a claim directly with the insurer.
 
VI. INSURANCE:
  EXCEPT FOR FLORIDA AND OKLAHOMA, THE OBLIGOR UNDER THIS AGREEMENT IS INSURED BY “LYNDON SOUTHERN INSURANCE COMPANY,” [10151 DEERWOOD PARK BLVD., BLDG. 100, SUITE 500, JACKSONVILLE, FL 32256] [(800) 888-2738], EXCEPT IN NORTH CAROLINA AND GEORGIA WHERE THE OBLIGOR IS INSURED BY “INSURANCE COMPANY OF THE SOUTH,” [10151 DEERWOOD PARK BLVD., BLDG. 100, SUITE 500, JACKSONVILLE, FL 32256] [(800) 888-2738], AND IN CA, NH, NY, WA, AND WI WHERE THE OBLIGOR IS INSURED BY “DEALERS ASSURANCE COMPANY,” [3518 RIVERSIDE DRIVE, UPPER ARLINGTON, OH 43221], [(800) 282-8913]. IF THE ADMINISTRATOR FAILS TO PROVIDE SERVICE OR PAY A CLAIM WITHIN SIXTY (60) DAYS YOU MAY SUBMIT YOUR CLAIM DIRECLTY TO THE INSURER AT THE ABOVE ADDRESS.