PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
1
Please read this Protection Agreement carefully, as it
describes the protection You will receive in return for Your
payment of the purchase price of this Protection Agreement.
Please keep this Protection Agreement, Your Declaration Page,
and Sales Receipt/Invoice for the Product(s) You purchased.
They are an integral part of this Protection Agreement, and
You may be required to produce them to obtain service.
For Fast Claim Service Visit:
www.myprotectall.com/brandsmartusa
DEFINITIONS:
“ADH”: Refers to accidental damage from handling; meaning,
damage directly resulting from unintentionally dropping the
Covered Product or spilling liquid onto it. ADH IS NOT
AVAILABLE WITH ALL PRODUCT TYPES.
“Administrator”: The company responsible for administrating
benefits to You in accordance with the Protection Agreement
terms and conditions is ProtectALL USA, LLC, who can be
contacted at 9151 Boulevard 26, Suite 100B, North Richland
Hills Texas 76180, Toll Free Phone Number [1-866-222-0158 ].
“Claim”: A request for service under the provisions of this
Protection Agreement.
Coverage Amount”: The purchase price of the Product(s),
exclusive of taxes and fees, or number of Claims, as identified
in the Declaration Page or Sales Receipt/Invoice.
Coverage Start Date”: This is the date coverage begins which
is on the date of purchase, date of delivery, or following
termination of any waiting period as described under
Agreement Term Effective Date of Coverage on page 2 of this
Agreement.
Coverage Term” and “Term”: This is the length of coverage
You receive under this Protection Agreement, starting on the
Coverage Start Date as noted on the Declaration Page.
Coverage Type”: This defines the level of coverage You
purchased.
“Covered Product” and “Product”: The consumer product(s)
that You purchased that is identified on Your Sales
Receipt/Invoice that is covered under this Protection
Agreement.
Declaration Page”: Summary of the terms and coverage
included with your Protection Agreement.
“Deductible”: The amount You are required to pay, per Claim,
prior to receiving covered services under this Protection
Agreement (if any), as indicated on Your Sales Receipt/Invoice.
“Failure”: The mechanical or electrical breakdown of Your
Covered Product that results in it no longer being able to
function as originally intended, which is caused by defects in
the manufacturer’s materials or workmanship occurring
during normal use of the Product, and NOT due to normal wear
and tear.
“Obligor”, “We”, “Us” and “Our”: The company obligated
under this Protection Agreement is First Shield Consumer
Service Corporation located at 2345 Grand Boulevard, Suite
900, Kansas City, Missouri 64108 [855-671-1319]. In Florida,
the Obligor is First Shield Consumer Service Corporation of
Florida located at 2345 Grand Boulevard, Suite 900, Kansas
City, Missouri 64108 [855-671-1319].
“Power Surge”: Damage to the Product resulting from an
oversupply of voltage to Your Product while properly
connected to a surge protector approved by the Underwriter’s
Laboratory Inc. (UL), but NOT including damages resulting
from the improper installation or improper connection of the
Product to a power source.
“Product Purchase Price”: The amount paid by You for the
Covered Product; excluding any applicable taxes and/or
delivery and handling costs or fees.
“Protection Agreement”, “Agreement” and “Plan”: The
specific “Coverage Plan Option” under this Agreement that
You have selected and purchased, as confirmed on Your Sales
Receipt/Invoice.
Protection Agreement Price”: The price You paid for this
Protection Agreement.
“Retailer” and “Selling Entity”: The authorized seller of the
Covered Product and this Protection Agreement.
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“Sales Receipt/Invoice”: The receipt document (paper or
email) provided to You as proof of Your Agreement purchase
that confirms the Plan selected by You, Coverage Term, any
applicable Deductible, and the purchase of this Protection
Agreement.
“You” and Your”: The original purchaser of the Covered
Product and any authorized transferee of the original
purchaser to any person to whom this Agreement has been
transferred in accordance with these Terms and Conditions.
PRODUCT ELIGIBILITY:
Product Eligibility Requirements: To be eligible for any level of
coverage under this Protection Agreement, the Product must:
Be new or factory-refurbished, manufactured for use
in the United States, and come with a valid U.S.
manufacturer’s warranty:
Be solely intended for routine personal or residential
use and NOT in a heavy commercial, industrial, rental,
or educational institution capacity (UNLESS the
“COMMERCIAL/BUSINESS USE” OPTIONAL
COVERAGE UPGRADE has been purchased and is
confirmed on Your Sales Receipt/Invoice); and
NOT be covered under any other insurance, warranty,
guarantee and/or service contract providing the same
benefits as outlined herein.
YOUR RESPONSIBILITIES:
1. You must purchase the ProtectALL Protection
Agreement for Your Covered Product at time of sale
from the same Selling Entity from whom You
purchased Your Covered Product.
2. Retain and provide Us with a complete copy of Your
Sales Receipt/Invoice. You can provide such proof at
the time You make a Claim.
3. Properly use and maintain Your Product according to
the manufacturer instructions or owner’s manual and
You must perform all the care, maintenance and
inspections for the Product as indicated. Proof of the
completion of such maintenance care and/or
inspection services may be required at the time of a
Claim.
4. If Your Product becomes damaged, You must take the
necessary steps to protect against any further
damage. If We determine that any loss or damage has
occurred as a direct result of not performing any of
the foregoing, Your Claim will be denied.
5. In the event Your original Covered Product is ever
exchanged by the manufacturer or Selling Entity for
reasons not resulting from a Claim, please call toll free
[1-866-222-0158] as soon as possible to update Your
coverage information with the make, model, and
serial number of the exchanged product. Your original
Agreement Term does NOT extend in these cases.
AGREEMENT TERM - EFFECTIVE DATE OF COVERAGE:
COVERAGE under Your Plan becomes effective at different
times; depending on whether Your Claim is: (a) a Failure that
is still covered under the manufacturer’s warranty; (b) a Failure
that is no longer covered under the manufacturer’s warranty
because it has expired; or (c) a covered occurrence that is NOT
a defined Failure (such as an ADH event, a Power Surge event,
Food Loss event, or Laundry Reimbursement event), as further
described below.
Coverage for damages to Your Product resulting from a
covered occurrence that is NOT a Failure (such as Power Surge
or ADH event as applicable to Your Plan) begins on Your
Agreement purchase date (or Product delivery date, if
different) and continues for the Term shown on Your Sales
Receipt/Invoice.
Coverage for a defined Failure does not become effective
until the manufacturer’s warranty has expired.
1. If you Purchased a DOP (date of purchase) Plan, upon
expiration of the manufacturer’s warranty, coverage
for a defined Failure becomes effective and continues
for the remainder of the Term shown on Your Sales
Receipt/Invoice.
2. If You purchased an EXT (extension) Plan, upon
expiration of the manufacturer’s warranty, coverage
for a defined Failure becomes effective and continues
for the Term shown on Your Sales Receipt/Invoice.
DEDUCTIBLE: You are required to pay the Deductible amount
indicated on Your Sales Receipt/Invoice, per Claim, prior to
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receiving eligible service under this Protection Agreement (if
any).
SERVICE DELIVERABLES:
In accordance with the Agreement Term-Effective Date of
Coverage provision outlined above, in the event of a covered
Claim for an eligible Covered Product this Agreement provides
for the services described in the “COVERAGE PLAN OPTION”
section below, as applicable to Your purchased Plan and
Covered Products(s). Coverage described in this Protection
Agreement will not replace or provide duplicative benefits
during any active manufacturer’s warranty period. During such
period, anything covered under that warranty is the sole
responsibility of the manufacturer and will not be considered
under this Agreement; regardless of the manufacturer’s ability
to fulfill its obligations.
The following is determined at the Administrator's sole
discretion as deemed appropriate for the particular problem
Your Product is experiencing and based on the explanation You
provided when initiating Your Claim. All Claims submitted in
accordance with this Agreement are handled individually; the
place of service that applies to one Claim may not necessarily
apply to another Claim.
IN-HOME/ON-SITE: Service will be performed in Your
home or On-site as indicated on Your Sales
Receipt/Invoice or invoice provided You have fulfilled
the following requirements: provided Our authorized
technician with accessibility to the Covered Product;
provided a non-threatening and safe environment for
Our authorized technician; and have an adult over the
age of 18 present for the period Our authorized
technician is on Your property servicing the Covered
Product. In the event it is necessary to continue
certain repair services at a repair center, You may be
required to ship/transport the Product to a repair
center designated by the Administrator. In such
circumstances, the shipping/transportation charges
will be covered by this Protection Agreement. In-
Home/On-site Service will be provided by a service
Provider authorized by the Administrator during
regular business hours (except holidays).
CARRY-IN/DEPOT: Service will be performed at Our
authorized service center designated by the
Administrator. Unless otherwise provided in this
Protection Agreement and stated on Your Sales
Receipt/Invoice, the Covered Product must be
transported by You or shipped by You to Our
authorized service center. In the event We request
You to ship Your Product to another location for
service, We will pay the shipping costs to and from
such authorized location. Otherwise, shipping costs
are subject to Coverage Type.
COVERAGE PLAN OPTIONS:
Your Protection Agreement type is listed on the Sales
Receipt/Invoice. If your Sales Receipt/Invoice provides that
you are entitled to the applicable protection, then the details
of the Protection Agreement Coverage Type and Terms are
listed below. If you did NOT purchase one of the specific plans
listed in the section below, coverage under this Agreement
provides for the labor and/or parts necessary to repair Your
Covered Product or at Our sole discretion a one-time
replacement or reimbursement of a one-time replacement of
Your original Covered Product in lieu of such repair.
If You Purchased one of the specific Plans Listed in the section
below, coverage under this Protection Agreement provides for
the following, as applicable to Your Plan purchase:
COVERAGE AND TERM: This Protection Agreement begins on
the product date of purchase or if applicable, the date of
installation or delivery by the Selling Entity; it does not replace
the warranty but may provide certain benefits during the term
of the manufacturer warranty. At Our sole discretion, We may
use new, used, or remanufactured parts that perform to the
factory specifications in repairing the Covered Product. If the
Covered Product cannot be repaired, if the cost of its repair
exceeds the Covered Product’s original purchase price, or if
parts are no longer available or have been discontinued by the
manufacturer, the Covered Product will be replaced as
determined by Us with a product of like kind and similar
features. Reasonable efforts will be made to replace Your
original Covered Product with the same product; however,
there may be some cases where with a replacement that is at
least of equal features and functionality, but it may be a
PROTECTION AGREEMENT TERMS AND CONDITIONS
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different brand or color from Your original Covered Product.
Additionally, please note that sometimes technological
advances that are out of Our control may result in a
replacement that has a lower selling price than Your original
Covered Product, and this Protection Agreement does not
provide any reimbursement for such a cost difference. Any/all
parts, components, or whole items that We provide
replacement for will automatically become Our property. In
the event We decide to provide You with reimbursement
towards the replacement of the defective Product, such
reimbursement may be in the form of a check, voucher or
Retailer gift card or store credit. The Value of such will in no
event exceed the “Limit of Liability” of this Protection
Agreement (excluding taxes). Once a product has been
replaced, Your Protection Agreement is considered fulfilled
and Our obligation under the terms and conditions of this
Protection Agreement have been met. All Coverage
proclaimed under this Protection Agreement is expressly
subject to the “Limit of Liability” and “Exclusions” provisions.
A. LARGE APPLIANCES REPAIR PLAN: When purchased,
this Plan provides for labor and/or parts required to
repair the large appliance Product in the event of a
Covered Claim. At Our sole discretion, a one-time
replacement or reimbursement for the cost of a one-
time replacement may be provided in lieu of repairs.
PLUS:
FOOD LOSS PROTECTION: This Protection
Agreement provides up to five hundred dollars
($500) per contract term of food loss protection
for the failure of Your refrigerator or freezer due
to defects in the cooling components of the
appliance, and not a power failure. To receive
payment, Your appliance must have been out of
service for seven (7) consecutive days and
scheduled for repair by a service center
authorized by the Administrator. To obtain Food
Loss reimbursement, a list of spoiled refrigerated
products will be required. Proof of replacement
food purchase items must be submitted for
reimbursement. This benefit is limited to one (1)
request per year during the term of the
Protection Agreement.
LAUNDRY REIMBURSEMENT: This Protection
Agreement provides up to fifty dollars ($50) of
laundry reimbursement, per Claim, for the failure
of Your washer or dryer due to electrical or
mechanical defects of the appliance, and not a
power failure. To receive payment, Your
appliance must have been out of service for
seven (7) consecutive days and must be
scheduled for repair by a service center
authorized by the Administrator. This benefit is
limited to (1) request per Covered Claim.
B. SMALL APPLIANCE REPAIR PLAN: When purchased,
this Plan provides for the labor and/or parts
necessary to repair the small appliance Product in the
event of a covered Claim. At Our sole discretion, a
one-time replacement or reimbursement for the cost
of a one-time replacement may be provided in lieu of
the repair. Covered Claims will receive carry-in
servicing.
C. FLAT PANEL TV REPAIR PLAN: When purchased, this
Plan provides for the labor and or parts necessary to
repair the flat panel TV Product in the event of a
covered Claim. At Our sole discretion, a one-time
replacement or reimbursement for the cost of a one-
time replacement may be provided in lieu of repair.
For TVs 40” or Larger: covered Claims will receive
in-home servicing;
For TVs smaller than 40”: covered Claims will
receive carry-in servicing.
D. PROJECTOR TV REPAIR PLAN: When purchased, this
Plan provides for the labor and/or parts necessary to
repair the projector Product and/or remote control in
the event of a covered Claim. At Our sole discretion,
a one-time replacement or reimbursement for the
cost of a one-time replacement may be provided in
lieu of repair. Eligible Projector TVs include: DLP rear
projection TV, LCD rear projection TV, D-ILA rear
projection TV, LCOS rear projection TV, and DLP
projector; all including associate remote control.
E. WATCH REPAIR PLAN: When purchased, this Plan
provides for the necessary materials and labor costs
to repair the watch Product to a usable and wearable
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condition in the event of a covered Claim; provided,
such is necessitated by during routine wear/normal
use of the Product under the conditions for which it
was designed. Coverage also includes water damage
and/or broken crystals, resulting from accidental
damage from handling. Covered components include
crown, dial, hand, marker and water-resistant
pressure mechanism.
For smart watches or fitness band watches, coverage
also includes the following:
Damaged or defective buttons or connectivity
ports: labor and or parts required to repair
damaged or defective buttons or connectivity
ports located on the Covered Product when such
damage/defect results in significant functional
impairment of the Product.
Defective Pixels: labor and/or parts required to
repair pixels within the display area when such
defect significantly impairs the products
functionality.
F. FITNESS REPAIR PLAN: When purchased, this Plan
provides for the labor and/or parts necessary to
repair the fitness equipment Product and/or remote
control in the event of a covered Claim. At Our sole
discretion, a one-time replacement or
reimbursement for the cost of a one-time
replacement may be provided in lieu of repair.
G. LAWN / GARDEN / POWER TOOL & GENERATORS
EQUIPMENT “EXT” REPLACEMENT PLAN (for
Products with a Product Purchase Price of $399.99 or
less): When purchased, this Plan provides for a ONE-
TIME replacement of Your original lawn/garden
Product in the event of a Covered Claim. At Our sole
discretion, reimbursement for the cost of a one-time
replacement may be provided in lieu of a one-time
replacement.
H. LAWN / GARDEN / POWER TOOL & GENERATORS
EQUIPMENT Repair Plan (for Products with a
Product Purchase Price of $400.00 or more): When
purchased, this Plan provides for labor and/or parts
required to repair Your lawn/garden/power
tool/generator Product in the event of a Covered
Claim. At Our sole discretion, a one-time replacement
or reimbursement for the cost of a one-time
replacement may be provided in lieu of such repair.
I. HOME SECURITY AND HOME AUTOMATION REPAIR
PLAN: When purchased, this Plan provides for the
labor and/or parts necessary to repair Your Home
Security OR Home Automation Product in the event
of a Covered Claim. At Our sole discretion, a one-time
replacement or reimbursement for the cost of a one-
time replacement may be approved in lieu of repair.
J. REPLACEMENT PLAN (for eligible Products with a
Product Purchase Price of $499.99 or less): When
purchased, this Plan provides for a one-time
replacement of Your original Covered Product in the
event of a Covered Claim. We may replace the
Covered Product with a new or remanufactured
product of like kind and similar features. At Our sole
discretion, reimbursement for the cost of a one-time
replacement may be provided in lieu of repair or a
one-time replacement. Coverage for damages from
accidental damage from handling, and trip, labor, or
shipping charges are NOT COVERED under this Plan.
Once a product has been replaced, Your Protection
Agreement is considered fulfilled and Our obligation
under the terms and conditions of this Protection
Agreement have been met.
ADDITIONAL BENEFITS (Separate purchase not required):
POWER SURGE PROTECTION: This Protection
Agreement provides power surge protection
from the product date of purchase. If the
Covered Product is damaged because of a power
surge, we will service or replace the Covered
Product in accordance with the terms herein
(limited to damage sustained to the Covered
Product only).
NO LEMON GUARANTEE: For all Covered
Products, after three (3) repairs for covered
Failures after the expiration of the
Manufacturer’s Warranty on the same problem
have been completed, if the Product requires a
fourth (4
th
) repair to that same component due
to a covered Failure, the Product will either be
replaced with a product of like kind and quality
(but not necessarily same brand or color), or - at
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
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Our sole discretion - We will provide You with
reimbursement for a replacement. If You receive
a replacement under this NO LEMON
GUARANTEE, Our obligations under this
Protection Agreement shall be considered
fulfilled in their entirety and Your coverage will
end. Any repair services performed while Your
Product is under the manufacturer’s warranty
period are NOT considered “Qualifying Service
Repairs” Under this NO LEMON GURANTEE.
REINSTALLATION: If Your original Product needs
service and was delivered and installed by the
Retailer or a Retailer contractor, as evidenced on
Your Sales Receipt/Invoice, and You receive a
replacement product pursuant to this Protection
Agreement or it is necessary for Us/Our
authorized representative to remove Your
original Product for it to be serviced, We will
cover the delivery and installation costs for Your
replacement Product to its original location;
exclusive of any and all parts that may be needed
to complete such installation (i.e. mounting
brackets and kits).
OPTIONAL COVERAGE UPGRADES: For separate selection and
additional purchase. Must be confirmed on Your Sales
Receipt/Invoice. NOT available with all Covered Product
Types. See Your Retailer for confirmation of coverage
availability.
A. ACCIDENTAL DAMAGE FROM HANDLING (ADH)
UPGRADE: Except as otherwise specified, if You were
offered and purchased ADH as an integral part of Your
Coverage Type, it augments Your Protection
Agreement by providing additional protection for
damage from drops, spills and liquid damage
associated with normal handling and use of Your
Covered Product. ADH does not provide protection
against theft, loss, reckless or abusive conduct
associated with handling or use of Your Covered
Product, cosmetic damage and/or other damage that
does not affect the functionality of Your Product, or
damage caused during shipment between You and
Our service providers. When purchased, this optional
coverage upgrade provides for the repair or at Our
sole discretion replacement or reimbursement for
replacement of Your Covered Product in the event of
a Covered ADH event in addition to the benefits
outlined under the Coverage Option Plan section that
is applicable to Your purchased Plan.
This Protection Agreement does not provide
coverage for ADH unless an “ADH” notation is
shown on Your Sales Receipt/Invoice or ADH is
included in Your Plan description.
Not all types of accidental damages are covered;
be sure to read the “EXCLUSIONS” section
carefully.
B. TV SCREEN DAMAGE UPGADE: When purchased, this
Optional Coverage Upgrade adds the following
Coverage for Your eligible TV Product; in the event of
a Covered Claim, We will provide for the labor and/or
parts necessary to replace Your TV Product’s screen if
it sustains cracks or scratches due to reasons OTHER
than dropping the TV Product and expressly subject
to all provisions listed in the EXCLUSIONS section of
this Plan.
C. COMMERCIAL/BUSINESS USE UPGRADE: When
purchased, this optional coverage upgrade provides
for the benefits outlined under Your Plan for a
Covered Product used in a commercial/business
capacity. Products used in a commercial or business
capacity are NOT covered unless the optional
coverage upgrade has been elected and is confirmed
on Your Sales Receipt/Invoice.
D. WORLDWIDE/EXPORT SERVICE UPGRADE: When
purchased, this optional coverage upgrade provides
expansion of the covered outline under Your Plan
when You travel overseas. So, the benefits that You
are eligible for in the United States of America are
also available while traveling abroad. Refer to the
“HOW TO FILE A CLAIM” section for complete details
regarding this service.
HOW TO FILE A CLAIM:
A. For General Claims: Call the toll-free ProtectALL
number at [1-866-222-0158] or go online
[www.myprotectall.com/brandsmartusa] with Your
Sales Receipt/Invoice readily available. We will ask
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you to describe the problem Your Product is
experiencing and provide any additional information
or documentation to the Administrator to validate
Your Claim. After confirmation of Your Claim eligibility
under this Protection Agreement, We will attempt to
troubleshoot the problem You are experiencing. If We
are unable to resolve the problem, We will service
Your Covered Product as described under the
Coverage section listed above. THIS PROTECTION
AGREEMENT DOES NOT REPLACE THE
MANUFACTURER’S WARRANTY. If You refuse service
on a Covered Product after We have confirmed a
repair date and time with You and dispatched the
repair servicer to Your location, You will be billed for
that servicer’s applicable trip charge. Payment of any
required Deductible will be collected by the Retailer
or Administrator at this time. IMPORTANT: The
submission of a Claim does not automatically mean
that the damage or breakdown of the Product is
covered under this Protection Agreement. For a Claim
to be considered, You must contact the Administrator
for Claim approval and authorization number (if any).
B. FOR WORLDWIDE/EXPORT SERVICE CLAIMS: If Your
Covered Product needs service while traveling
abroad, You will need to first obtain a proper Claim
authorization number prior to having any services
performed on Your Covered Product. You can do this
by either sending an email to the Administrator at
[internationalsupp[email protected]m], calling
direct [1-945-235-2274] or online at
[www.myprotectall.com/brandsmartusa]. After
receiving authorization, You will need to (a) Transport
the Covered Product to a service center authorized by
Us; (b) Request an estimate for services required to
remedy the problem with Your Covered Product; and
(c) Produce such estimate to the Administrator for
final reimbursement approval. This Protection
Agreement will not provide coverage for
unauthorized services. You will then provide payment
for the cost of services up front, and then submit it to
the Administrator for reimbursement.
Reimbursement is solely based on the original
amount approved by Us and will only be provided to
You after the Administrator has received a copy of the
authorized service center’s invoice detailing Your
Covered Product, a thorough description of services
performed and Your Claims authorization number.
Once this documentation is received and verified,
Your reimbursement will be provided within thirty
(30) days of the Administrator’s receipt of all
requested documentation.
Online:
[www.myprotectall.com/brandsmartusa]
Fax: [1-800-xxx-xxxx]
U.S. Postal Mail: [9151 Boulevard 26, Suite
100B, North Richland Hills Texas 76180]
LIMIT OF LIABILITY: The limit of liability under the Protection
Agreement is the cost of the Product Purchase Price.
The following applies for each Covered Product: The maximum
amount that We are obligated to pay, at Our discretion, is the
LESSER of the cost of:
1. Authorized repairs;
2. A replacement; or
3. Store Credit for a replacement (excluding taxes).
As determined by Us and in accordance with Your purchased
Plan. We will not deduct any Claims incurred from the
Replacement or Store Credit.
In the event We provide one (1) replacement or one (1) Store
Credit for a replacement of Your original Covered Product, that
particular Product type will no longer be eligible for coverage
under Your original Agreement Term. However, if there are
remaining Covered Products listed under this Agreement that
have not yet been replaced or received reimbursement for
replacement, those Products will continue to be covered
throughout the remainder of Your original Term.
LIMIT OF LIABIITY FOR “TV SCREEN DAMAGE UPGRADE: Two
(2) screen replacements.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
PROPERTY DAMAGE, OR LOST TIME RESULTING FROM THE
FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS
IN SERVICE OR THE INABIITY TO RENDER SERVICE.
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EXCLUSIONS (WHAT IS NOT COVERED): As Related and
Applicable To The Covered Product(s), This Protection
Agreement Does Not Cover Any Failure, Damage, Repairs or
Loss In Connection With or Resulting From:
Normal wear and tear unless tied to an electrical or
mechanical breakdown or otherwise mentioned as
covered;
Abuse, neglect, negligence, misuse, intentional
harm or malicious mischief of or to the Covered
Product;
Any Claim for service or replacement of the Covered
Product that has not been prior authorized by the
Administrator;
Structural imperfections or cosmetic damage, when
such do not impair the overall functionality of the
Covered Product, such as scratches, abrasions, or
changes in color, texture or finish;
Pre-existing conditions that occur prior to the
effective date of this Protection Agreement or
Agreement Transfer;
Damage from exceeding weight limit restrictions
and guidelines for proper distribution of weight as
set forth in the user’s manual;
Shipping or delivery charges associated with the
initial purchase of the Covered Product;
Servicing of the Covered Product in association with
a non-covered Claim;
Costs associated with tearing down or refinishing of
walls in order to reach and/or evaluate the Covered
Product;
Products not originally covered by a manufacturer’s
warranty;
Product repairs that should be covered by the
manufacturer’s warranty or are a result of a recall;
Routine, periodic or preventative care and/or
maintenance;
Damage from improper care, intentional or willful
mishandling, or introduction of foreign objects into
the Covered Product;
Missing serial number, unauthorized modifications
or alterations to a Covered Product, including but
not limited to serial numbers;
Failure to follow the manufacturer’s instructions for
operation and care of the Covered Product;
Loss or damage caused by war, invasion, riot, civil
disturbance;
Loss of use during the period that the Covered
Product is at an authorized service center or
awaiting parts;
Service where no problem can be found, or noise
caused by normal wear and tear due to usage over
time;
Abnormal usage of the Covered Product;
Any storage media damaged by malfunctioning
parts;
Improper installation of computer components or
peripherals;
Operating software;
Accidental damage unless ADH coverage was
purchased as a part of Your Protection Agreement as
described on the Declaration Page and/or Sales
Receipt/Invoice;
Projector or rear projection TV bulbs;
Claims made under any improperly or incorrectly
purchased Protection Agreement;
Defects due to installation, assembly or hook up of
Your Product;
Any Product that is fraudulently described or
materially misrepresented;
Any item that has been confirmed to be used in a
commercial, business, heavy industrial and/or
educational institution capacity (unless the
“Commercial/Business Use Upgrade” Optional
Coverage has been purchased);
Secondary or collateral damage;
Water damage caused by leaking appliances, water
heaters, skylights, and pipes;
Damage caused by transit, delivery, redelivery,
removal or reinstallation of the Product, or the
Product being moved between different locations or
into or out of storage, including damage caused by
packing or unpacking the Product;
Screen monitors with imperfections, including
“burn-in” or burned CRT phosphor;
Replacement of consumable items, including but not
limited to, batteries, toner, ribbons, ink cartridges,
drums, belts or fuses, connectors, filters, bags, and
lint screens;
Theft, loss or vandalism of or to the Covered
Product;
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
9
Intentional damage or willful abuse or misuse of the
covered Product;
Rust, corrosion, warping, bending, animals
(including pets), animal inhabitations or insect
infestations;
Damage from mildew or mold;
Any product used in a commercial setting unless You
purchased a Commercial/Business Use Upgrade
Coverage;
Animal damage or infestations, unless otherwise
mentioned;
Natural flaws or inherent design of jewelry or watch;
Water damage to watches if used under conditions
which exceed the manufacturer’s resistance
guidelines;
Tampering with prongs, bezels or other elements
designed to secure stones of jewelry or watch;
Failure caused by excessive or abusive treatment of
jewelry or watch;
Physical loss of diamonds, gemstones, or other
materials unless the loss is related to a functional
breakdown of the covered product;
Any failure, damage, repairs or loss that is covered
under any other protection agreement, warranty,
guarantee, service agreement or insurance;
Fortuitous events; including, but not limited
to environmental conditions, exposure to weather
conditions or perils of nature; collapse, explosion or
collision of or with another object; fire, any kind of
precipitation, humidity, lightning, dirt/sand, smoke,
nuclear radiation, radioactive contamination, riot,
war or hostile action, governmental act, or internet
or other telecommunications malfunction;
Notwithstanding any provision to the contrary, this
Agreement excludes any loss, damage, liability,
expense, fines, penalties, or any other amount
directly or indirectly caused by, in connection with,
or in any way involving or arising out of any of the
following, including any fear or threat thereof,
whether actual or perceived:
o Any infectious disease, virus, bacterium or
other microorganism (whether
asymptomatic or not); Or
o Coronavirus (COVID-19) including any
mutation or variation thereof; Or
o Pandemic or Epidemic, as declared as such
by the World Health Organization or any
Governmental Authority.
In addition to the above, the following specifically
apply to the “TV Screen Damage Upgrade” Optional
Coverage only:
o Damage or breakdown resulting from
dropping the product or spilling liquid onto
it.
o Screen/monitor imperfections; including
but not limited to burned in images in the
CCD, LED or plasma screen caused by video
games, prolonged display of one or more
video signals or operation of the Product
with an aspect ratio that is inconsistent
with the manufacturer’s recommendations.
In addition to the above, the following specifically
apply to products covered under the “Watch Repair
Plan”:
o Inherent product defects or flaws;
o Loss of diamonds, gemstones or other
materials from bezel greater than 0.10
carat;
o Repair or replacement of scratched crystals;
o Rolex brand watches;
o Any watch with an MSRP of $1000 or
greater;
o Cosmetic damage to the case, bracelet,
band or strap;
o Cosmetic scratches and dents on non-silver
tone stainless steel watch band or strap;
o Screen imperfections, pixel burnout or
other image failure caused by the use of
product in a manner that is inconsistent
with the manufacturer’s specifications;
o Watch batteries;
o Water damage if used under conditions
which exceed the manufacturer’s water
resistance guidelines.
This Protection Agreement is Valid and Eligible for Purchase
in the contiguous United States of America, plus Alaska and
Hawaii.
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
10
MANUFACTURER’S RESPONSIBILITY:
Parts and services covered during the manufacturer’s warranty
period are the responsibility of the original manufacturer of
Your Covered Product.
GENERAL PROVISIONS:
1. Subcontract. We may subcontract or assign
performance of Our obligations to third parties, but
We shall not be relieved of Our obligations to You
when doing so.
2. Waiver; Severability. The failure of any party to
require performance by the other party of any
provision hereof will not affect the full right to require
such performance at any time thereafter; nor will the
waiver by either party of a breach of any provision
hereof be taken or held to be a waiver of the provision
itself. If any provision of these terms and conditions is
unenforceable or invalid under any applicable law or
be held by application court decision, such as
unenforceability or invalidity will not render these
terms and conditions unenforceable or invalid as a
whole and in such event, such provision shall be
changed and interpreted so as to best accomplish the
objectives of such unenforceable or invalid provision
within the limits of applicable law or applicable court
decisions.
3. Notices. You expressly consent to be contacted, for
any and all purposes, at any telephone number, or
physical or electronic address You produce Us. All
notices or requests pertaining to this Protection
Agreement will be in writing and may be sent by any
reasonable means including by mail, email, fax, text
message or recognized commercial courier. Notices
are considered delivered when sent to You by email
or fax number that You produced to Us, or three (3)
days after mailing to the street address You provided.
TRANSFER OF PROTECTION AGREEMENT:
This Protection Agreement may be assigned or transferred to
a subsequent owner of the product at no charge. To transfer
this Protection Agreement contact the Administrator toll free
[1-866-222-0158] or online at
[www.myprotectall.com/brandsmartusa]. Information
provided by you must include the Agreement number, date of
transfer, new owner’s name, complete address, and telephone
number.
RENEWAL: This Protection Agreement is renewable, at Our
discretion.
MOVING: In the event You move or relocate, please contact
the Administrator to update Your service address.
CANCELLATION. This Contract will automatically cancel and no
longer be in force upon Your receipt or completion of benefits
provided to You in accordance with the terms herein arising
from any Claim. This Protection Agreement may be cancelled
by You for any reason, including, but not limited to, the
Product covered by the Protection Agreement being sold, lost,
stolen or destroyed. To cancel the Protection Agreement,
contact the Administrator toll-free at [1-866-222-0158]. If You
cancel this Protection Agreement within the first thirty (30)
days of the date this Protection Agreement was mailed to You,
or within ten (10) days of delivery of this Agreement if
delivered to You at the time of sale, and no Claims have been
made hereunder, You will receive a full refund of the purchase
price of this Protection Agreement. If You cancel this
Protection Agreement after the thirty (30) days of the date this
Protection Agreement was mailed to You, or after ten (10) days
of delivery of this Protection Agreement if delivered to You at
the time of sale, You will receive a pro rata refund of the
purchase price of the Protection Agreement calculated based
on the elapsed time since the commencement of the
Protection Agreement, less any Claims paid. Cancellations
initiated by You after the first thirty (30) days of the date this
Protection Agreement was mailed to You, or after ten (10) days
of delivery of this Protection Agreement if delivered to You at
the time of sale may be subject to a cancellation fee in an
amount not to exceed ten percent (10%) of the purchase price
of the Protection Agreement or twenty-five dollars ($25),
whichever is less. If You financed the purchase of this
Protection Agreement, any refund due as a result of Your
cancellation of the Agreement will be paid directly to the
lender of record. The Cancellation provisions apply to the
original purchaser of this Protection Agreement only.
PROTECTION AGREEMENT TERMS AND CONDITIONS
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11
OUR RIGHT TO RECOVER PAYMENT: If You have a right to
recover against another party for anything We have paid under
this Protection Agreement, Your rights shall become Our
rights. You shall do whatever is necessary to enable Us to
enforce these rights. We shall recover only the excess after You
are fully compensated for Your loss.
PRIVACY AND DATA PROTECTION: (For any Covered Product
that uses wireless data) You agree that any information or data
disclosed to Us under this Agreement is not confidential.
Furthermore, You agree that We may collect and process data
on Your behalf when We provide the services contemplated
under this Agreement. This may include transferring Your data
to affiliated companies or third-party service providers in
accordance with Our Customer Privacy Policy. Except for the
purposes of providing service in this Agreement, We will not
share Your information with third parties without Your
permission and We will comply with applicable privacy and
data protection laws in Your jurisdiction.
Unless specifically prohibited by Your jurisdiction’s privacy and
data protection laws, We may transfer Your information to
other countries and jurisdictions provided that anyone to who
We transfer Your information provides an adequate level of
protection. In addition, Your information may be accessed by
law enforcement agencies and other authorities to prevent
and detect crime and comply with legal obligations.
ARBITRATION: Please read this arbitration provision carefully.
It affects Your rights.
Most of your concerns about this Protection Agreement can be
addressed by contacting the Administrator at [1-866-222-
0158]. If We cannot resolve any disputes with You related to
the Protection Agreement, including Claims, You and We agree
to resolve those disputes through binding arbitration or small
claims court instead of through courts of general jurisdiction.
Further, You and We agree to waive our rights to a trial by jury
and to not participate in any class arbitrations or class actions.
This Protection Agreement is evidence of a transaction in
interstate commerce and the Federal Arbitration Act applies to
and governs the enforcement of any arbitration hereunder.
The provisions of this ARBITRATION section shall survive the
termination of this Protection Agreement. By purchasing this
Protection Agreement you agree to the following dispute
resolution protocol. Any and all claims, disputes, or
controversies of any nature whatsoever or other intentional
tort, property, or equitable claims arising out of, relating to, or
in connection with (1) this Protection Agreement or any prior
Agreement or product, and the purchase thereof; and (2) the
validity, scope, interpretation, or enforceability of this
provision or of the entire Agreement (“Dispute), shall be
resolved by binding arbitration before a single arbitrator All
arbitrations shall be administered by the American Arbitration
Association (“AAA”) in accordance with its Expedited
Procedures of the Commercial Arbitration Rules of the AAA in
effect at the time the Dispute is filed. The terms of this
provision shall control any inconsistency between the AAA’s
Rules and this provision. You may obtain a copy of the AAA;s
Rules by calling [1-800-778-7879]. Upon written request We
will advance to You either all or part of the fees of the AAA and
of the arbitrator. The arbitrator will decide whether You or We
will be responsible for these fees. The arbitrator shall apply
relevant substantive law and applicable statute of limitations
and shall provide written, reasoned findings of fact and
conclusion of law. The arbitration shall be held at a location
selected by Us with the state in which You purchased this
Agreement. This provision is part of a transaction involving
interstate commerce and shall be governed by the Federal
Arbitration Act, 9 I.S.C § et. Seq. If any portion of this provision is
deemed invalid or unenforceable, it shall not invalidate the
remaining portions of the provision, except that in no event
shall this provision be modified or construed to permit or
mandate arbitration on behalf of a class of claimants or
individuals other than You, or to apply to Disputes other than
Yours. This Provision shall inure to the benefit of and be
binding on You and Us and its provision shall continue in full
force and effect subsequent to and notwithstanding the
expiration of termination of this Agreement.
YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF
THIS PROVISION NEITHER YOU NOR US WILL HAVE THE RIGHT
TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE
A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A
CLASS OF CLAIMANTS PERTAINING TO ANY DISPUTE.
FRAUD RESULTS IN HIGHER COSTS TO THE CONSUMER AND
IS ILLEGAL.
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
12
Insurance Securing this Protection Agreement: This
Protection Agreement is not an insurance policy. It is secured
by contractual liability policies provided by Arch Insurance
Company located at 2345 Grand Boulevard, Suite 900, Kansas
City, Missouri 64108 [877-861-2176]. If within sixty (60) days,
We have not paid a covered Claim, provided You with a refund
or You are otherwise dissatisfied, You may make a claim
directly to the insurance company.
You are not required to purchase this Protection Agreement as
a condition of a loan or a condition for the sale of any property.
ENTIRE AGREEMENT:
Unless amended by the State Specific Requirements or revised
by Us with at least thirty (30) days advance written notice to
You, this Protection Agreement sets forth the entire contract
between the parties and no representation, promise or
condition not contained herein shall modify these terms. The
entire contract includes these Terms and Conditions, the
Declaration Page and Your Sales Receipt/Invoice showing the
purchase price of this Protection Agreement and the Product
Purchase Price for the Covered Product.
STATE SPECIFIC REQUIREMENTS:
The following state variations shall control if inconsistent with
any other terms and conditions of this Protection Agreement:
ALABAMA only: Our obligations under this Agreement are
guaranteed under a service contract reimbursement insurance
policy issued by Arch Insurance Company, at 2345 Grand
Boulevard, Suite 900, Kansas City, Missouri 64108. These
provisions apply only to the original purchaser of the
Agreement. In the event the Provider/Obligor cancels the
Agreement, the Provider/Obligor will mail a written notice to
You at Your last known address at least five (5) days prior to
cancellation which shall state the effective date of cancellation
and the reason for cancellation. However, prior notice is not
required if the reason for cancellation is nonpayment of the
Agreement fee or a material misrepresentation by You relating
to the covered property or its use.
ARIZONA only: You have a duty to protect against any further
damage to the covered Product after the Product has been
damaged and shall follow any requirement specified in the
owner's manual of the Product.
Cancellation: If Your written notice of cancellation is received
prior to the expiration date, We will provide a pro rata refund
after deducting for administrative expenses associated with
the cancellation, regardless of prior services rendered against
the Agreement. No Claim incurred or paid shall be deducted
from the amount of the refund. The cancellation provision
shall not contain both a cancellation fee and a cancellation
penalty. The administrative expenses may not exceed ten
percent of the gross amount paid by You for the Agreement.
To arrange for cancellation of this Agreement, please contact
Your Retailer. First Shield Consumer Service Corporation is the
Provider/Obligor for this Agreement in Arizona.
Dispute Resolution: Both parties must agree to arbitration.
Additionally, as an Arizona resident you may follow the process
to resolve complaints under the provisions of A.R.S. §§20-
1095.09 and 20-461, Unfair Trade Practices, as outlined by the
Arizona Department of Insurance and Financial Institutions.
You have a right to file a complaint with the Department of
Insurance and Financial Institutions against Us by contacting
the Department of Insurance and Financial Institutions at [800-
325-2548] or difi.az.gov/complaint.
Our obligations under this Agreement are insured under a
mechanical service contract reimbursement insurance policy
issued by Arch Insurance Company, at 2345 Grand Boulevard,
Suite 900, Kansas City, Missouri 64108.
ARKANSAS only: We shall mail a written notice of cancellation
to You within fifteen (15) days of the date of termination in the
event We terminate this Agreement.
CALIFORNIA only: With respect to California Agreement
holders, the Administrator under the Agreement is ProtectAll
USA, LLC. The Provider/Obligor under the Agreement is First
Shield Consumer Service Corporation. This Agreement may be
cancelled by You for any reason, including, but not limited to,
the Products covered under this Agreement being sold, lost,
stolen or destroyed. If You decide to cancel the Agreement,
and a cancellation notice is received by the Retailer within 60
days of the date You received the Agreement, and You have
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
13
made no Claims against the Agreement, You will be refunded
the full Agreement price,: or if (a) a claim is made with the first
60 days after Your receipt of this Agreement, or (b) the
Agreement is cancelled by written notice after 60 days from
the date You received the Agreement, then in either case, You
will be refunded a pro-rated amount of the Agreement price,
less any Claims paid and less an administrative fee of 10% of
the Agreement price or $25, whichever is less, unless
otherwise precluded by law. To arrange for cancellation of this
Agreement, please contact Your Retailer.
CONNECTICUT only: The term of this Agreement is
automatically extended by the length of time in which the
Product is in the Provider/Obligor’s custody for repair under
the Agreement. In the event of a dispute with the
Provider/Obligor, You may contact 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 or lease
price of the Product, the cost of repair of the Product, and a
copy of this Agreement.
DISTRICT OF COLUMBIA only: You may return this Agreement
within 30 days of the date this Agreement was mailed to You,
or the date of delivery if this Agreement was delivered to You
at the time of sale. Upon return of the Agreement to the
provider within the applicable time period, if no Claim has
been made under this Agreement , the Agreement shall be
void and We shall refund You or credit the account of this
Agreement, with the full purchase price of this Agreement.
The right to void this Agreement shall not be transferable and
shall apply only to the original Protection Agreement
purchaser and only if no Claim has been made prior to its
return to the Us. If a Claim has been made under this
Agreement within that time period, You may cancel this
Agreement and We shall refund to You 100% of the unearned
pro rata purchase price, less any Claims paid, and
administrative fee charged. We may charge a reasonable
administrative fee not to exceed 10% of the gross purchase
price paid by You.
FLORIDA only: If You cancel this Agreement, You will receive
a refund equal to 90% of the unearned pro rata purchase price
of the Agreement, less any Claims that have been paid or less
the cost of repairs made on Your behalf. To arrange for
cancellation of this Agreement, please contact Your Retailer. If
We cancel this Agreement, You will receive one hundred
percent (100%) of the unearned pro rata purchase price of the
Agreement, less any Claims paid, or the cost of repairs made
on Your behalf. The rates charged for the Agreement are not
subject to regulation by the Florida Office of Insurance
Regulation.
GEORGIA only: Arbitration: If You are a resident of Georgia,
Section 15 Arbitration does not apply to you. We may cancel
the Contract upon thirty (30) days written notice to You for
fraud, material misrepresentation, or nonpayment. Such
notice shall provide the reason for cancellation and the
effective date of such cancellation, and You shall be refunded
100% of the unearned pro rata purchase price, less Claims
paid. A reasonable cancellation fee may be charged by Us not
to exceed 10% of the unearned pro rata purchase price. You
may cancel this Agreement at any time by notifying the
Retailer in writing or by surrendering the Agreement to the
Retailer, whereupon the Retailer will refund the unearned pro
rata purchase price based on the time remaining on the
request for cancellation. To arrange for cancellation of this
Agreement, please contact Your Retailer. The Provider/Obligor
is also entitled to cancel the Agreement at any time based
upon fraud, misrepresentation, nonpayment of fees by You, or
non-renewal. Administrator may cancel the Agreement upon
thirty (30) days written notice to You.
All references to the denial of coverage or exclusion from
coverage for pre-existing conditions shall not apply in cases
where such conditions were known, or should reasonably have
been known, by Us or the Retailer.
Procedures for cancellation of the Agreement will comply with
section 33-7-6 of the Georgia code.
HAWAII only: You may return this Agreement within thirty (30)
days of the date the Agreement was provided to You or within
twenty (20) days if the Agreement was delivered to You at the
time of sale. If you return this Agreement within the applicable
time period, and If You made no Claim, this Agreement is void
and the full purchase price will be refunded to You. To arrange
for cancellation of this Agreement, please contact Your
Retailer. The Provider/Obligor will pay a penalty of ten percent
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
14
(10%) on a refund that is not paid or credited within forty-five
(45) days after return of the Agreement to the Retailer. These
provisions apply only to the original purchaser of the
Agreement. In the event the Provider/Obligor cancels the
Agreement, We will mail a written notice to You at Your last
known address at least five (5) days prior to cancellation which
shall state the effective date of cancellation and the reason for
cancellation. However, prior notice is not required if the
reason for cancellation is nonpayment of the Agreement fee,
a material misrepresentation by You relating to the Product or
its use, or a substantial breach of Your duties relating to the
Product or its use. Our obligations under this Agreement are
insured under a service contract contractual liability policy
issued by Arch Insurance Company, 2345 Grand Boulevard,
Suite 900, Kansas City, Missouri 64108
ILLINOIS only: First Shield Consumer Service Corporation (and
not the dealer or manufacturer) is the Provider/Obligor under
this Agreement in the State of Illinois. The Provider/Obligor
will pay the cost of covered parts and labor necessary to
restore the Product to normal condition as a result of covered
failure due to normal wear and tear. You may cancel this
Agreement at any time. If You cancel this Agreement within
the first thirty (30) days of purchase and if no service has been
provided to You, You shall receive a full refund of the purchase
price less a cancellation fee equal to the lesser of ten percent
(10%) of the purchase price or fifty dollars ($50.00). If You
cancel this Agreement at any other time or if You cancel after
service has been provided to You, You shall receive a refund
equal to the pro rata purchase price less the value of any
service received and less a cancellation fee equal to the lesser
of ten percent (10%) of the purchase price or fifty dollars
($50.00). To arrange for cancellation of this Agreement, please
contact Your Retailer.
INDIANA only: This Agreement is not insurance and is not
subject to Indiana insurance law.
MAINE only: [If the covered Product requires emergency
repairs outside of normal business hours, You can submit your
Claim by calling toll-free at [855-671-1319].
MARYLAND only: You may cancel this Agreement within 20
days after receipt of this Agreement if mailed to You or within
20 days after the date of delivery of this Agreement if delivered
to You at the time of sale. If You cancel this Agreement within
this time, and a Claim has not been made under the Agreement
prior to its cancellation, the Agreement is void and We shall
refund to You in the full consideration paid for this Agreement
within 45 days after the cancellation. [Any means established
by Us for quick informal settlement of a service contract
dispute].
MASSACHUSETTS only: You have the duty to protect against
any further damage after the covered Product has been
damaged and shall follow the requirements contained in the
owner’s manual for the Product. Our obligations under this
Agreement are insured under a service contract
reimbursement insurance policy issued by Arch Insurance
Company, at 2345 Grand Boulevard, Suite 900, Kansas City,
Missouri 64108.
MINNESOTA only: You have the duty to protect against any
further damage to the covered Product after the Product has
been damaged and shall follow the requirements contained in
the owner’s manual for the Product. Our obligations under
this Agreement are insured under a service contract
reimbursement insurance policy issued by Arch Insurance
Company, at 2345 Grand Boulevard, Suite 900, Kansas City,
Missouri 64108.
MISSOURI only: Obligations of the provider under this service
contract are guaranteed under a reimbursement insurance
policy. If the provider fails to pay or provide service on a Claim
within sixty days after proof of loss has been filed, the contract
holder is entitled to make a Claim directly against the
insurance company. To arrange for cancellation of this
Agreement, please contact Your Retailer. The Provider/Obligor
will pay a penalty of ten percent (10%) on a refund that is not
paid or credited within forty-five (45) days after return of the
Agreement to the Retailer. The following sentence is added as
the last sentence of Section E What to do if you require service:
If it is an emergency and We cannot be reached, You can
proceed with repairs. We will reimburse You or the repairing
facility in accordance with the Agreement provisions.
MONTANA only: Obligations of the provider under this service
contract are insured under a service contract reimbursement
insurance policy.
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
15
NEVADA only: In the event You are not satisfied with the
manner in which We are handling a Claim, You may file a
complaint with the Nevada Division of Insurance by calling
(888) 872-3234. To arrange for cancellation of this Agreement,
please contact Your Retailer. If We do not provide refund
within 45 days of cancellation, We will pay You a penalty of 10
percent (10%) of the purchase price for each 30-day period
that the refund remains unpaid. You may also cancel this
Agreement at any other time and receive a refund equal to the
pro rata purchase price. These provisions apply only to the
original purchaser of the Agreement.
We may not cancel this Agreement once it has been in effect
for at least seventy (70) days, except for the following
conditions:
(a) Failure by You to pay the Agreement purchase price;
(b) Your conviction of a crime which results in an increase
in the service required under the Agreement;
(c) Discovery of fraud or material misrepresentation
perpetrated by You in purchasing this contact or obtaining
service;
(d) The discovery of an act or omission, or a violation of
any condition of this Agreement by You which substantially
and materially increases the service requested under the
Agreement; or
(e) A material change in the nature or extent of the
service required under the Agreement, which occurs after the
purchase of this Agreement, and substantially and materially
increases the service required beyond that contemplated at
the time of purchase.
If We cancel this Agreement for any of the above reasons, You
will receive a refund equal to the pro rata purchase price. With
respect to each Product covered under the Agreement, the
Administrator and/or Provider/Obligor liability is limited to the
original retail purchase price You paid for such Product. We
may not cancel the Agreement until at least fifteen (15) days
after the notice of cancellation has been mailed to You. The
obligations under the Agreement are guaranteed by Arch
Insurance Company located at 2345 Grand Boulevard, Suite
900, Kansas City, Missouri 64108.
NEW HAMPSHIRE only: In the event You do not receive
satisfaction under this Agreement, You may contact the New
Hampshire Insurance Department at 21 South Fruit Street,
Suite 14, Concord, NH 03301, 1 [(800) 852-3416]. The
obligations under this Agreement are insured by a contractual
liability policy issued by Arch Insurance Company located at
2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
In the event any covered service is not paid within sixty (60)
days after proof of loss has been filed or the Provider/Obligor
ceases to do business or goes bankrupt, You may file Your
Claim directly with Arch Insurance Company.
NEW JERSEY only: Obligations of the provider under this
Agreement are insured under a service contract
reimbursement insurance policy.
NEW MEXICO only: To arrange for cancellation of this
Agreement, please contact Your Retailer. The Provider/Obligor
will pay a penalty of ten (10%) percent per month on a refund
that is not made within sixty (60) days of the return of the
Agreement. These provisions apply only to the original
purchaser of the Agreement. We may not cancel this
Agreement once it has been in effect for seventy (70) days
except for the following conditions:
(a) Failure to pay an amount when due;
(b) Your conviction of a crime that results in an increase
in the service required under the Agreement;
(c) Fraud or material misrepresentation by You in
obtaining the Agreement or in presenting a Claim for service
thereunder; or
(d) 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
If We cancel this Agreement, We will mail a written notice to
You at Your last known address at least fifteen (15) days prior
to cancellation with the reason for cancellation. The written
notice is not required, if the reason for cancellation is
nonpayment of the Agreement fee, a material
misrepresentation, or a substantial breach of duties by You
relating to the Product or its use.
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
16
NEW YORK only: The obligations of the Provider/Obligor
under this Agreement are insured under a service contract
reimbursement insurance policy issued by Arch Insurance
Company. If the Provider/Obligor fails to perform under this
Agreement, including failure to return any unearned fee in the
event of cancellation, Arch Insurance Company will pay all
sums the Provider/Obligor is legally obligated to pay under this
Agreement or perform any service the Provider/Obligor is
legally obligated to perform under this Agreement. To arrange
for cancellation of this Agreement, please contact Your
Retailer. We will pay a penalty of ten percent (10%) per month
on a refund that is not made within thirty (30) days of return
of the Agreement. These provisions apply only to the original
purchaser of the Agreement. In the event We cancel the
Agreement, We will mail a written notice to You at Your last
known address at least fifteen (15) days prior to cancellation
with the reason for cancellation. A written notice is not
required, if the reason for cancellation is nonpayment of the
Agreement fee, a material misrepresentation, or a substantial
breach of duties by You relating to the Product or its use. If a
Claim for service has not been completed within sixty (60) days
after proof of loss has been filed, the Claim can be submitted
to Arch Insurance Company located at 2345 Grand Boulevard,
Suite 900, Kansas City, Missouri 64108, 1 [(800)-821-5546].
NORTH CAROLINA only: The purchase of this Agreement is not
required in order to obtain financing. We may not cancel this
Agreement except for nonpayment by You or for violation of
any of the terms and conditions of the Agreement. If You
cancel this Agreement, You will receive a pro-rata refund, less
the cost of any Claims paid and less a cancellation fee of ten
percent (10%) of the amount of the refund. To arrange for
cancellation of this Agreement, please contact Your Retailer.
OKLAHOMA only: Obligations of the provider under this
Agreement are insured under a service contract
reimbursement insurance policy. The Provider/Obligor under
this Agreement is First Shield Consumer Service Corporation
(License # 510067482). In the event You cancel this
Agreement, You shall receive a refund equal to ninety percent
(90%) of the unearned pro-rata purchase price less the cost of
any service received. To arrange for cancellation of this
Agreement, please contact Your Retailer. In the event We
cancel this Agreement, You shall receive a refund equal to one
hundred percent (100%) of the unearned pro-rata purchase
price, less the cost of any service received. This is not an
insurance contract. Coverage afforded under this Agreement
is not guaranteed by the Oklahoma Insurance Guaranty
Association.
If You are a resident of Oklahoma, the following shall replace
all references to Arbitration in these Terms and Conditions:
Arbitration is not mandatory and has to be by mutual
agreement.
OREGON only: If You are a resident of Oregon, the following
shall replace all references to Arbitration in these Terms and
Conditions: Arbitration is not mandatory and has to be by
mutual agreement.
SOUTH CAROLINA only: In order to prevent damage to the
Product, please refer to the owner’s manual. This Agreement
does not cover repair and replacement necessitated by loss or
damage resulting from 1) any cause other than normal use and
operation of the Product in accordance with manufacturer’s
specifications and/or owner’s manual or 2) failure to use
reasonable means to protect Your Product from further
damage after a failure occurs. To arrange for cancellation of
this Agreement, please contact Your Retailer. We will pay a
penalty of ten percent (10%) per month on a refund that is not
made within forty- five (45) days of return of the Agreement.
These provisions apply only to the original purchaser of the
Agreement. In the event We cancel the Agreement, We will
mail a written notice to You at Your last known address at least
fifteen (15) days prior to cancellation with the reason for
cancellation. The written notice is not required if the reason
for cancellation is nonpayment of the Agreement fee, a
material misrepresentation, or a substantial breach of duties
by You relating to the covered Product or its use. In the event
of a dispute with the provider of this contract, you may contact
the South Carolina Department of Insurance, Capitol Center,
1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201
or by phone at (800) 768-3467
TEXAS only: If You cancel this Agreement within 30 days after
the date of purchase We shall refund the full purchase price
You paid for this Agreement less any Claims paid. To arrange
for cancellation of this Agreement, please contact Your
Retailer. We will pay a penalty of ten (10) percent of the
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
17
amount outstanding per month on a refund that is not made
within forty-five (45) days. These provisions apply only to the
original purchaser of the Agreement. In the event We cancel
the Agreement, We will mail a written notice to You at Your
last known address at least five (5) days prior to cancellation
which shall state the effective date of cancellation and the
reason for cancellation. However, prior notice is not required
if the reason for cancellation is nonpayment of the Agreement
fee, a material misrepresentation by You relating to the
covered Product or its use, or a substantial breach of Your
duties relating to the covered Product or its use. Obligations of
the Provider under the Agreement are insured under a service
contract reimbursement policy. Obligations of the provider
under this service contract are insured under a service contract
reimbursement insurance policy. In the event We do not pay
out a Claim, You may apply for reimbursement directly to the
insurer if a covered Claim is not provided to You by the Us
before the 61st day after the date the You provide a proof of
loss. Texas License Number of the Administrator: 300
UTAH only: The language in the CANCELLATION section
regarding Our rights to cancel this Agreement is deleted and
replaced with: We may cancel this Agreement by providing
You with thirty (30) days written notice for the following
reasons only: material misrepresentation, substantial change
in the risk assumed or substantial breaches of contractual
duties. We may cancel this Agreement by providing You with
ten (10) days written notice, if the reason for cancellation is
non-payment by You. The following sentence is added as the
last sentence of the WHAT TO DO IF YOU REQUIRE SERVICE
section: If it is an emergency situation and We cannot be
reached, You can proceed with repairs. We will reimburse You
or the repairing facility in accordance with the Agreement
provisions. All references to the denial of coverage or
exclusion from coverage for pre-existing conditions shall not
apply in cases where such conditions were known, or should
reasonably have been known, by Us or the Retailer. The
following sentences are added to the end of the DISPUTE
RESOLUTION section: Any matter in dispute between You and
Us 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 Us. Any decision reached by
arbitration shall be binding upon both you and Us. The
arbitration award may include attorney's fees if allowed by
state law and may be entered as a judgement in any court of
proper jurisdiction. Obligations of the provider under this
service contract are guaranteed under a service contract
reimbursement insurance policy. Should the provider fail to
pay or provide service on any Claim within 60 days after proof
of loss has been filed, the contract holder is entitled to make a
claim directly against the Insurance Company. Coverage
afforded under this Agreement is not guaranteed by the
Property and Casualty Guaranty Association. This Service
Agreement 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
contract is not guaranteed by the Property and Casualty
Guaranty Association.
VERMONT only: To arrange for cancellation of this Agreement,
please contact Your Retailer. Our obligations under this
Agreement are supported by a contractual liability insurance
policy issued by Arch Insurance Company. In the event that We
are unable to perform under the Agreement, Arch Insurance
Company, which shall pay on Our behalf any sums We are
legally obligated to pay and shall provide the service, which We
are legally obligated to perform according to Our contractual
obligations under the Agreement.
VIRGINIA only: 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.
You are hereby notified that the purchase of the contract is not
mandatory and may be waived.
WASHINGTON only: You may return this Agreement within
twenty (20) days of the date the Agreement was provided to
You or within ten (10) days, if the Agreement was delivered to
You at the time of sale. We will pay a penalty of ten percent
(10%) per month on a refund that is not made within thirty (30)
days of return of the Agreement. The “Guarantee” provision of
these Terms and Conditions as set forth above is deleted in its
entirety and replaced with the following: This is not an
insurance policy. Obligations of the service contract provider
PROTECTION AGREEMENT TERMS AND CONDITIONS
PA BMUS MACE Plus 8.2023
18
under this service contract are insured under a service contract
reimbursement insurance policy The provider is First Shield
Consumer Service Corporation, located at 2345 Grand
Boulevard, Suite 900, Kansas City, Missouri 64108. You may
contact them toll-free at [877-861-2176].
WISCONSIN only: THIS CONTRACT IS SUBJECT TO LIMITED
REGULATION BY THE OFFICE OF THE COMMISSIONER OF
INSURANCE. Arbitration: If You are a resident of Wisconsin, the
following shall replace all references to Arbitration in these
Terms and Conditions: Arbitration is not mandatory and has
to be by mutual agreement. If a Claim for service has not been
completed within sixty (60) days after proof of loss has been
filed with Us, or if the Provider becomes insolvent or otherwise
financially impaired, the Claim can be submitted to Arch
Insurance Company, who insures Our obligations under this
Agreement, located at 2345 Grand Boulevard, Suite 900,
Kansas City, Missouri 64108, [(800)-821-5546. To arrange for
cancellation of this Agreement, please contact Your Retailer.
We will pay a penalty of ten (10) percent per month on a
refund that is not paid or credited within forty-five (45) days
after return of the Agreement to Us. We may be cancel this
Contract for the following reasons only: (a) for nonpayment of
the provider fee, (b) material misrepresentation by You to Us
or the administrator, or (c) substantial breach of duties by You
relating to the covered product or its use. If We cancel the
Contract for any those reasons we will deliver to You, at Your
last-known address in Our records, written notice stating the
effective date of and the reason for the cancellation at least 5
days prior to effective date of cancellation. These provisions
apply only to the original purchaser of the Agreement. In the
event that You experience a total loss of the Product covered
by this Agreement that is not covered by a replacement of the
Product pursuant to the terms of the Agreement, You shall be
entitled to cancel this Agreement and receive a pro rata refund
of any unearned Agreement fee, less any Claims paid. Lack of
pre-authorization shall not be the sole grounds for a Claim
denial; however, unauthorized repairs may not be covered if
evaluated to have been at an unreasonable expense.
Obligations of the provider under this service contract are
insured under a service contract reimbursement insurance
policy.
WYOMING only: To arrange for cancellation of this
Agreement, please contact Your Retailer. We will pay a penalty
of ten (10) percent on a refund that is not paid or credited
within forty-five (45) days after return of the Agreement to Us.
These provisions apply only to the original purchaser of the
Agreement. In the event We cancel this Agreement, We will
mail a written notice to You at Your last known address at least
ten (10) days prior to cancellation, which shall state the
effective date of cancellation and the reason for cancellation.
However, prior notice is not required, if the reason for
cancellation is nonpayment of the Agreement fee, a material
misrepresentation by You relating to the covered Product or
its use, or a substantial breach of Your duties relating to the
covered Product or its use. Obligations under this Agreement
are insured by Arch Insurance Company located at 2345 Grand
Boulevard, Suite 900, Kansas City, Missouri 64108. In the event
covered service is not provided by Us within sixty (60) days of
You submitting proof, You are entitled to apply directly to the
reimbursement insurance company.