D. THIS CONTRACT DOES NOT COVER:
1. Repairs or replacement required as a result of fire, freeze, flood, or
other acts of God; accidents; vandalism; neglect; misuse; abuse; missing
parts; cosmetic defects; design flaws; manufacturer defects; structural
defects; power failure, shortage, surge or overload; inadequate capacity;
or damages due to pests or pets.
2. Living spaces detached from main home, unless additional option is chosen
(Guest House Essential Plan).
3. Repairs or replacement required as a result of failure to clean or maintain,
according to manufacturer specifications, except as noted in Service
Overview (3).
4. Repairs or replacement required as a result of improper previous or
attempted repair, unless additional option is chosen (Advantage Plan).
5. Repairs or replacement required as a result of improper installation, unless
additional option is chosen (Advantage Plan).
6. Consequential or secondary damage, including consequential damages due
to a service contractor’s conventional repair efforts of the primary item.
7. Failure to provide timely service due to conditions beyond LHW’s control,
including but not limited to, part or equipment delays or labor difficulties.
8. Commercial properties and/or residential properties being used for
commercial purposes.
9. Systems or appliances classified by the manufacturer as commercial and/
or commercial equipment modified for domestic use.
10. Diagnosis, repair, removal, or remediation of mold, mildew, rot, or fungus,
or any damages resulting from or related to mold, mildew, rot, or fungus,
even when caused by or related to the malfunction, repair, or replacement
of a covered system or appliance.
11. Providing or closing access to covered items, except as noted under
limits for plumbing, electrical, and ductwork. LHW is not responsible for
additional charges to remove or install systems, appliances, or non-related
equipment; nor does LHW cover the cost of restoration of wall coverings,
floor coverings, countertops, etc.
12. Cost for cranes or other lif ting equipment, unless additional option is
chosen (Advantage Plan).
13. Cost relating to permits, unless additional option is chosen (Advantage
Plan).
14. Performance of services involving hazardous or toxic materials, including
but not limited to, asbestos, mold, lead paint, or sanitation of sewage spills;
costs related to disposal of hazardous or toxic materials; costs related to
recapture and/or disposal of refrigerants, unless additional option is chosen
(Advantage Plan).
15. Removal of defective systems and appliances, unless additional option is
chosen (Advantage Plan).
16. Cost of construction, carpentry, or other modifications made necessary
by a covered repair or replacement, except as noted in A/C and Heating
System.
17. Items covered by a manufacturer, distributor, builder, or an extended
warranty.
E. TRANSFER
1. This Contract is transferrable to a new Contract Holder at the same
property address for a $25 administration fee. You must notify LHW of
this transfer by calling 866.306.2999.
F. RENEWAL
1. All notices regarding your Contract will be sent to your last email and/or
mailing address of record.
2. At our discretion only, your Contract may automatically renew at the end
of each Contract term for another one-year term. You agree that we may
automatically renew your Contract and charge your account on the one-
year anniversary of your Contract effective date, unless you cancel your
Contract before the expiration date.
3. If LHW elects to renew your Contract, LHW will notify you of prevailing
rates and terms approximately 45 days prior to the expiration of coverage.
4. The renewal payment is due on the renewal date and will automatically be
charged to the same credit card that you used for the original Contract or
the most recent renewal. Please notify LHW before the renewal date of any
changes to your email, account, or billing information.
G. CANCELLATION
1. LHW may not cancel this Contract during the initial term for which it was
issued, except for any of the following reasons:
a. Contract Holder does not pay a fee or charge due under the terms
of this Contract.
b. Contract Holder engages in fraud or misrepresentation of facts
material to the issuance of the Contract.
c. When the warranty Contract is for Seller’s Coverage and close of
sale does not occur within 180 days of the effective date.
d. Upon mutual agreement between you and LHW.
e. If you harass, harm, or threaten the safety or well being of any
employee of LHW, our independent contractors, or any property of
LHW or of our independent contractors.
2. LHW initiated cancellation will become effective 15 days after the notice
of cancellation is made to the Contract Holder. Contract Holder shall be
entitled to a pro rata refund of the paid Contract fee for the unexpired
term.
3. Contract Holder may cancel at any time.
a. If cancelled within 30 days of Contract effective date, and no service
request has been made, the Contract Holder is entitled to a full refund
of paid Contract fees.
b.If Contract is cancelled beyond 30 days of Contract effective date,
or within 30 days of Contract effective date and services have been
performed, Contract Holder shall be entitled to a pro rata refund of
the paid Contract fee for the unexpired term, less a $75 administrative
fee and any actual service costs incurred by LHW.
4. If Seller’s Coverage Contract is cancelled and the Contract will not be
paid in full for a home buyer as a Real Estate Transaction Contract, no
additional Contract fee will be due.
H. MISCELLANEOUS
RIGHT TO CONTACT:
LHW may use Contract Holder’s contact information to perform
business functions and to contact you when necessary. We may also use
this information to notify you about new products or services and special
promotions offered by LHW or any of its affiliates. LHW will not sell, rent
or lease Contract Holder’s contact information to third parties.
MANDATORY ARBITRATION:
Any claim, dispute, or controversy, regarding any contract, tort, statute,
or otherwise (“Claim”), arising out of or relating to this agreement or the
relationships among the parties hereto, shall be resolved by one arbitrator
through binding arbitration administered by the American Arbitration
Association (“AAA”), under the AAA Commercial or Consumer, as
applicable, Rules in effect at the time the Claim is filed (“AAA Rules”).
Copies of the AAA Rules and forms can be located at www.adr.org, or by
calling 1-800-778-7879. The arbitrator’s decision shall be final, binding,
and non-appealable. Judgment upon the award may be entered and
enforced in any court having jurisdiction. This clause is made pursuant
to a transaction involving interstate commerce and shall be governed
by the Federal Arbitration Act. Neither party shall sue the other party
other than as provided herein or for enforcement of this clause or of the
arbitrator’s award; any such suit may be brought only in Federal District
Court for the District or, if any such court lacks jurisdiction, in any state
court that has jurisdiction. The arbitrator, and not any federal, state, or local
court, shall have exclusive authority to resolve any dispute relating to the
interpretation, applicability, unconscionability, arbitrability, enforceability,
or formation of this Agreement, including any claim that all or any part of
the Agreement is void or voidable. However, the preceding sentence shall
not apply to the clause entitled “Class Action Waiver.”
CLASS ACTION WAIVER:
Any Claim must be brought in the parties’ individual capacity, and not as a
plaintiff or class member in any purported class, collective, representative,
multiple plaintiff, or similar proceeding (“Class Action”). The parties
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 juris diction and not by
an arbitrator. The parties understand that they would have had a right to
litigate through a court, to have a judge or jury decide their case, and to
be party to a class or representative action; however, they understand and
choose to have any claims decided individually, through arbitration.