Home Warranty Terms & Conditions

SERVICE CONTRACT AGREEMENT

1. Binding Agreement. This Terms of Service Agreement (“Agreement”) is a legally binding document between the service contract holder (“You” or “Your”) and Stateside APM (“Stateside APM”). This Agreement constitutes the entire and only agreement between You and Stateside APM. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings between You and Stateside APM. This Agreement provides for home service contract services only and should not be confused with an insurance contract. Your home service contract remains with the home covered and cannot be transferred to a different home. This Agreement covers household appliances and systems when they become inoperable due to normal wear and tear. This Agreement sets forth all of the household appliances and systems covered under this Agreement and the specific items that are excluded from coverage. In the event an appliance or system is not mentioned in this Agreement, it will not be covered under this Agreement. Please read the entire Agreement before retaining the services of Stateside APM.

2. Obligations. In consideration for your payment to Stateside APM, and subject to all of the terms of this Agreement, Stateside APM will arrange for a qualified service contractor and/or Technician (“Independent Service Technician”) to repair the systems and appliances covered under this Agreement, when they become inoperable due to normal wear and tear.

3. Covered Homes. This Agreement only covers systems and appliances in single-family dwelling, individual condominium units, town houses and modular homes. Only those systems and appliances properly and permanently installed and located within the living area of the home will be covered. This Agreement will not cover systems or appliances within (i) commercial properties; (ii) residential properties used for business purposes, including, but not limited to, dwellings used for rest homes, day care centers, schools and/or professional offices; and (iii) common areas of condominiums, multi-family houses (unless otherwise stated above) and/or cooperatives (iv)foreclosed/short sale. This Agreement will not cover any system or appliance designated by the manufacturer as being used for commercial use.

4. Term. The term of Your service contract, as set forth in this Agreement, shall begin thirty (30) days following Stateside APM’s receipt of all outstanding payments and premiums due are received by Stateside APM (“Effective Date”) please add an additional 5 days for credit/debit card payments. In the event Stateside APM does not receive all outstanding payments and/or premiums outstanding and/or signed contract, for any reason. Your service contract coverage term will not begin. Your service contract coverage will begin on the Effective Date and remain in effect for one (1) calendar year following the Billing Date (“Termination Date”). Coverage waiting period may be expedited with proof of prior coverage’s expiration date provided there was no lapse in coverage.

5. Claims Procedure. Claims may be submitted through the online portal at www.statesideapm.com/products

5.1 Before Making a Claim. Prior to making a claim you should:

(i) Immediately contact the proper authority in the event the malfunctioning appliance or system has the potential to cause injury to You or anyone else present in or near your home;

(ii) Shut down the malfunctioning appliance or system to prevent further damage; and

(iii) Determine if the malfunctioning appliance or system is covered under this Agreement.

5.2. If Covered. If this Agreement covers the malfunctioning appliance or system, you MUST contact Stateside APM PRIOR to obtaining service on the malfunctioning appliance or system. Your failure to contact Stateside APM prior to obtaining service may render your claim invalid. Stateside APM will not reimburse You if You use your own service technician without first obtaining Stateside APM’s prior authorization.

5.2.1. Stateside APM Service Call Fee/Deductible. Each time an independent service Technician is scheduled and dispatched to Your home, you will be required to pay the Stateside APM Service Call Fee in the amount of forty-five ($45.00) Dollars. You will be required to pay the Stateside APM Service Call Fee regardless of whether all or part of the claim is granted, excluded, limited or denied by Stateside APM. You will be required to pay the Stateside APM Service Call Fee once the independent service Technician begins traveling to your home, regardless of whether you are able to provide access to your home for the independent service Technician or if you cancel the appointment while the independent service Technician is traveling to your home, a separate service call fee will be charged for each issue. Additional charges may apply to the Stateside APM Service Call Fee. The Stateside APM Service Call Fee, which must be paid at the time and place of appointment, shall be paid by You to the independent service Technician or directly to Stateside APM, at Stateside APM’s option. In the event You fail to pay the Stateside APM Service Call Fee, you will not be able to schedule any additional service calls and your home service contract will be suspended until all outstanding fees are paid in full. Suspension of your home service contract will not alter or extend the Termination Date of your home service contract.

5.3. Contact Information. A Stateside APM representative can be reached by telephone at 248-564-7878 or by e- mail at insure@statesideapm.com Claims must be submitted through the online portal at www.statesideapm.com/home-warranty

5.4. Non-Emergency Claims. To make a claim for repair you must contact Stateside APM within 3 days following discovery of the malfunctioning and/or inoperability of the system or appliance. The independent Service Technician will be instructed to provide repair or replacement of the appliance or system within two (2) days during normal business hours and four (4) days on weekends and holidays following submission of the claim. If covered by this agreement, the system and/or appliance repaired will be paid for by Stateside APM within a reasonable time following submission of the claim. Stateside APM will not be liable for any delay in the repair / replacement of the inoperable appliance or system.

5.5. Emergency Claims. In the event of an emergency, in order for Stateside APM to make a determination if the system and/or appliance causing the emergency is covered under this Agreement, you must contact Stateside APM prior to having the repair /replacement work performed. In the event the emergency pertains to gas, fire or has the potential to cause injury to You or anyone else present in or near your home, you should take all reasonable steps, including, but not limited to, vacating the premises and contacting the proper authority to ensure the safety of You and those present. Once the determination is made by the proper authority that your home is safe to re-inhabit, you must contact Stateside APM immediately and advise them of this claim.

6. Covered Systems and Appliances.

6.1. Generally,

6.1.1. Proper Working Order. All systems and appliances must be in proper working order on the Effective Date of the service contract coverage, as set forth in the schedule page accompanying this Agreement. Any pre-existing conditions or defects causing the malfunction of system or appliance during the term will not be covered by this Agreement. If a defective or malfunctioning system or appliance is discovered by an inspection company prior to the transfer of ownership of the property or by a utility company at the time of the transfer of ownership, said condition shall be deemed a pre-existing condition and not covered under this Agreement.

6.1.2. Manufacturer’s service contract. All systems and appliances covered under either the manufacturers, distributors, or any other express or implied service contract will not be covered under this Agreement.

6.2. Appliances Covered. This Agreement covers the following appliances:

6.2.1 Refrigerator. This Agreement covers one (1) refrigerator located within the kitchen of the covered home. This Agreement covers all modules, components and parts of the refrigerator necessary to the functionality of the refrigerator.

This Agreement does NOT cover the following list of modules, components and parts relating to the refrigerator: (i) ice makers; (ii) ice crushers; (iii) dispensers (iv) freezer parts and components which are not essential to the refrigerator unit as a whole(v) Freon (vi) Freon leaks; (viii) damage caused by Freon leak; (ix) leaks(x) sealed system

6.2.2. Oven/Range/Stove Top.

This Agreement covers all modules, components and parts of the gas or electric oven, range and stove top necessary to the functionality of the oven, range and/or stove top.

This Agreement does NOT cover the following list of modules, components and parts relating to the oven, range or stove top: (i) range hood; (ii) burner bowls and covers (iii) cosmetic issues or abnormalities (iv) griddles.

6.2.3. Built-In Microwave.

This Agreement covers all modules, components and parts of the built-in microwave necessary to the functionality of the built-in microwave. This Agreement does NOT cover portable, combo or countertop microwaves.

This Agreement does NOT cover the following list of modules, components and part relating to the built-in microwave oven: (i) cosmetic issues or abnormalities; and (ii) components relating to installation/mounting.

6.2.4. Dishwasher.

This Agreement covers all modules, components and parts of the dishwasher necessary to the functionality of the dishwasher.

This Agreement does NOT cover the following list of modules, components and parts relating to the dishwasher: (1) rinse aids; (ii) clogged drains; (iii) clogged lines; (iv) paneling and trim (v) latches.

6.2.5.  Garbage Disposal

This Agreement covers all modules, components and parts of the garbage disposal necessary to the functionality of the garbage disposal.

This Agreement does NOT cover normal and ordinary garbage disposal failures such as jamming and resetting. This Agreement does NOT cover the following list of modules, components and parts relating to the garbage disposal: (i) flanges; (ii) rings (iv) components relating to installation/mounting (v) trash compactor;

6.2.6. Clothes Washer/Clothes Dryer.

This Agreement covers all modules, components and parts of the clothes washer and clothes dryer necessary to the functionality of the clothes washer and clothes dryer.

This Agreement does NOT cover any damages made to clothing as a result of being washed and/or dried by the covered clothes washer and/or clothes dryer. This Agreement does NOT cover the following list of modules, components and parts relating to the clothes washer and clothes dryer: (i) dispensers; (ii) clogged drains; (iii) clogged lines; (iv) clogged ducts and/or clogged venting; (v) rinse aids

6.2.7. Water Heater. This Agreement covers all modules, components and parts of the water heater necessary to the functionality of the water heater. This Agreement does NOT cover solar or tankless water heating systems or the components thereof. This Agreement does NOT cover the following list of modules, components and parts relating to the water heating system: (i) flues; (ii) drain piping; (iii) pressure reducing valve; (iv) leaks(v)pumps

Systems Covered. This agreement covers the following systems:

6.3.1. Plumbing System. This Agreement covers the following plumbing system components: (i) line leaks in water, drain, waste or vent lines not caused by damage resulting from freezing or from roots; (ii) line breaks in water, drain, waste or vent lines not caused by damage resulting from freezing or from roots; (iii) Toilet bowls; (iv) toilet tanks; (v) toilet flushing mechanisms; (vi) angle stops; (vii) risers;

This Agreement does NOT cover the following list of modules, components and parts relating to the plumbing system: (i) tub and shower base pans; (ii) line leaks/breaks/stoppages caused by freezing, root damage or foreign objects; (iii) line leaks/breaks/stoppages caused by collapsed, damaged or broken drain, vent or sewer lines outside the main foundation of the covered home; (iv) access to drain or sewer lines from the vent or removal of the water closet; (v), water softeners; (vi) inadequate or excessive water pressure (vii) plumbing components relating to hose bibs (viii) lead drain lines/pipes; (ix)slab leaks (x)tub and shower valves(xi)cartridge(xii)pumps(xiii)jetting.

6.3.2. Plumbing Stoppages. This Agreement covers stoppages in drain, vent and sewer lines up to 100 feet from access point, except if caused by roots. Mainline stoppages are only cleared when there is an accessible ground level clean out.

This Agreement does NOT cover Stoppages caused by collapsed, damaged or broken drain, vent or sewer lines outside the confines of the main foundation if the home. Stoppages due to roots or foreign objects. If the lines are broken or infiltrated by roots or are otherwise stopped by roots, even if the break, infiltration or stoppage is within 100 feet from the access point, it is not covered. Access to drain or sewer lines from the vent or the removal of the water closet. Costs to locate, access or install a ground level clean out. Septic tanks.

6.3.3. Heating System (Primary Only). This Agreement covers all module, components and parts of the heating system necessary to the functionality of the heating system. This Agreement covers the primary heating system of the covered home only, provided that the heating system does not exceed a five (5) ton capacity.

This Agreement does NOT cover solar heating systems or the components thereof. This Agreement does NOT cover any portable heating units or zone systems or wall units or components thereof. This Agreement does NOT cover fireplaces or heat lamps or the components thereof. This Agreement does NOT cover radiant heating systems built into walls, ceilings or floors. This Agreement does NOT cover the following list of modules, components and parts relating to the heating system: (i) air cleaners; (ii) humidifiers; (iii) clocks and timers; (iv) flues; (v) flue baffles; (vi) damper motors; (vii) wiring; (viii) fire box; (ix) coils; ; (x) heat exchanger; (xi) piping; (xii) geothermal heating/cooling units; (xiii) water piping; (xiv) valves; and (xv) clogged lines.

6.3.4. Electrical. This Agreement covers the following electrical system components: (i) wiring; (ii) service panels; (iii) sub-panels (iv) switches; (iv) breakers; (v) outlets; (vi) junction boxes; (vii) ground fault interrupters;

This Agreement does NOT cover damage to the electrical system caused by flood, fire, water, rust, corrosion and lightning.

This Agreement does NOT cover the following list of modules, components and parts relating to the electrical system: (i) fixtures; (ii) alarm equipment; (iii) doorbells; (iv) intercom equipment; (v) inadequate wiring capacity; (vi) damage caused by double or triple tapping; (vii) attic fans; (viii) damage caused by a power surge; (ix) damage caused by a power failure(x)wire tracing;

6.3.5. Ducts. This Agreement covers all ducts from heating and/or cooling unit to the point of attachment at registers or grills.

This Agreement does NOT cover the following list of modules, components and parts relating to the duct system: (i) grills; (ii) registers; (iii) flue ducts; (iv) dampers; (v) diffusers; (vi) regulators; (vii) boxes; (viii) panels; (ix) insulation; (x) ductwork insulated by asbestos; (xi) collapsed ductwork; (xii) crushed ductwork; and (xiii) improperly sized ductwork/ duct system.

6.3.6. Air Conditioning (Central). This Agreement covers the primary floor air conditioning unit of the covered home only, provided that the air conditioning unit does not exceed a five (5) ton capacity. This Agreement covers the following air conditioning components: (i) motors; (ii) compressors; (iii) condensers; and (iv) thermostats.

This Agreement does NOT cover window, wall or zone systems or portable air conditioning units. This Agreement does NOT cover (i) air filters; (ii) Freon; (iii) Freon recapture; (iv) geothermal systems; (v) gas or propane air condition systems; (vi) air filtration systems; (vii) humidifiers; (viii) registers; (ix) grills; (x) stands;

(xi) jacks; (xii) condenser casings; (xiii) pads; (xiv) vents; (xv) flues; (xvi) clogged lines; (xvii) condensation leaks; (xviii) mismatched systems; (xix) damaged ducts; (xx) improper wiring; and (xxi) improper piping (xxii) Freon leaks; (xxiii) damage caused by Freon leak.

6.3.7. Garage Door Opener. This Agreement covers the following garage door opener components: (i) control board;

(ii) motors; (iii) chains; (iv) belts; (v) gears; (vi) Pulley; (vii) sheave fork; (viii) axle bolts; and (ix) switches.

This Agreement does NOT cover the following list of modules, components and parts relating to the garage door opener system: (i) garage doors; (ii) locks; (iii) springs; (iv) adjustments; (v) brackets; (vi) rollers; (vii) hinges; (viii) glass paneling; (ix) knobs; (x) buttons; (xi) wall switches; (xii) lock cable; (xiii) tracks; (xiv) rails; (xv) Drums; (xvi) light bulbs; (xvii) light coverings; (xviii) mounting equipment and components; and (xix) alarm system components.

6.3.8. Ceiling Fan. This Agreement covers all modules, components and parts of ceiling fan affixed in the covered home necessary to their functionality. This Agreement does NOT cover (i) lights.

6.4. Additional Coverage Options.  The following is a list of covered systems and appliances which You have the option to purchase from Stateside APM. The following components will only be covered if You advise Stateside APM that you wish to add the additional home service contract and Stateside APM is in receipt of the additional payment for said coverage. You may purchase the additional for up to thirty (30) days following the Purchase Date of the home service contract but coverage for the additional coverage option will not take effect until payment is received by Stateside APM for the additional coverage and the addition coverage will terminate on the Termination Date.

6.4.1. Plumbing and Lighting Fixtures. Plumbing fixtures: faucets filter, showers head, shower arm, electrical switches, smoke detector, florescent fixtures, Outlets, Dials, Knobs.

6.4.2. Limited Roof Leak. This Agreement applies to roof leak repairs over the occupied living area of single family homes only. This Agreement covers the roof leaks only.

This Agreement does NOT cover the following list of modules, components and parts relating to roof leaks: (i) patios; (ii) porches, (iii) decks; (iv) metal roofs; (v) foam roofs; (vi)shingles; (vii) cemwood shakes; (viii) cracked and/or missing material; (ix) tiles; (x) tar and gravel; (xi) flat or built-up roofs; (xii) structural leaks; (xiii) asphalt; (xiv) gutters; (xv) downspouts; (xvi) skylights; (xvii) flashing; (xviii) patio covers; (xix) solar components; (xx) attic vents; (xxi) roof jacks; (xxii) satellite components; (xxiii) antennae; and (xxiv) chimney components.

This Agreement does NOT cover repairs requiring partial or complete replacement of the roof.

6.4.3. Pool/Spa Equipment. This Agreement applies to the following list of pool/spa components: (i) pumping system; (ii) filtration system; (iii) heating system. This Agreement covers both the pool and/or hot tub and spa if they use common equipment. In the event the pool and spa or hot tub do not use the common equipment, then only one will be covered.

This Agreement does NOT cover portable pools, spas or hot tubs. This Agreement does NOT cover the following list of modules, components and parts relating to the pool/spa: (i) pool sweep motors; (ii) lights; (iii) liners; (iv) structural defects; (v) solar equipment; (vi) jets; (vii) control switches; (viii) computerized control boards; (ix) ornamental fountains, waterfalls and their components; (x) pool covers; (xi) fill line and fill valve; (xii) built-in or detachable cleaning equipment including, but not limited to, pool sweeps, pop up heads, turbo valves; (xiii) pool chemicals; (xiv) skimmers; (xv) chlorinators; (xvi) fuel storage tanks; (xvii) heat pumps; (xviii) ionizers; and (xix) disposable filtration components; (xx) portable spa; (xxi) above ground pool/spa, (xxii) plumbing.

6.4.4. Well Pump. This Agreement covers all components of well pump, provided the well is the primary water source to the covered home.

This Agreement does NOT cover the following list of modules, components and parts relating to the well pump: (i) well casings; (ii) holding and storage tanks; (iii) piping or electrical lines leading to or connecting pressure tank and covered home; (iv) re-drilling of wells; (v) booster pumps; and (vi) components for geothermal/heat pumps.

6.4.5. Sump Pump. This Agreement covers all components of sump pump for ground water, provided the pump is within the foundation of the covered home.

This Agreement does NOT cover the following list of modules, components and parts relating to the sump pump: (i) portable pumps; and (ii) sewer ejector pumps.

6.4.6. Central Vacuum. This Agreement covers all modules, components and parts of central vacuum system necessary to its functionality.

This Agreement does NOT cover the following list of modules, components and parts relating to the central vacuum system: (i) vacuum nozzles; (ii) clogged pipes; (iii) hoses; and (iv) vacuum accessories.

6.4.7. Second Refrigerator. This Agreement covers all modules, components and parts of a second refrigerator necessary to its functionality.

This Agreement does NOT cover the following list of modules, components and parts relating to the refrigerator: (i) ice makers; (ii) ice crushers; (iii) beverage dispensers (iv) freezer parts and components which are not essential to the refrigerator unit as a whole (v) Freon damage caused by Freon leak.

6.4.8. Stand Alone Freezer. This Agreement covers all modules, components and parts of a stand-alone freezer necessary to its functionality.

This Agreement does NOT cover the following list of modules, components and parts relating to the stand alone freezer: (i) glass displays; (ii) light bulbs; (iii) knobs and caps; (iv) dials; (v) door seals; (vi) gaskets; (vii) door hinges; (viii) door handles; (ix) shelves; (x) condensation pans; (xi) leveling feet; (xii) clogged drains; (xiii) clogged lines; (xiv) grates; (xv) ice makers; (xvi) ice crushers; (xvii) beverage dispensers; (xviii) thermal shells; and (xix) cosmetic issues or abnormalities.

6.4.9. Lawn Sprinkler System. This Agreement covers all mechanical components that affect operation.

This Agreement does NOT cover Hydraulic Systems-Systems related to fire Extinguishing-Malfunctioning due to lack of water pressure- Batteries- Drip Irrigation Systems-Damage due to freezing, pets, cars, or lawn care equipment, heads.

6.4.10. Septic System Coverage. Aerobic pump, sewage ejector, jet pump, septic tank

This Agreement does NOT cover Tile fields and leach beds, leach lines, lateral lines, insufficient capacity, clean out, pumping.

6.4.11. Refrigerator’s Ice Maker. This Agreement covers all components and parts. EXCLUDED: (i) Stand-alone ice maker, (ii) dispenser, (iii) valves (iv) water line.

7. Independent Service Technicians. Stateside APM has the exclusive right to select a service technician to perform the necessary repair and/ replacement services. Stateside APM will not reimburse You in the event a service technician performs, or attempts to perform, any repair and/ replacement services without first being authorized by Stateside APM. If You experience any difficulties or have any disputes with an Independent Service Technician, you must contact Stateside APM immediately.

8. Stateside APM’s Option. Stateside APM shall have the sole and exclusive option to:

(i) Select the Independent Service Technician to perform repair and/ replacement services;

(ii) In the event a covered system or appliance is deemed irreparable or it is not cost effective to repair, Stateside APM may replace the system or appliance with a system or appliance of like capacity, the price of which shall not exceed the depreciated value of the system or appliance being replaced;

(iii) In lieu of replacing a system or appliance that is deemed irreparable or it is not cost effective to repair, said determination being made by Stateside APM, Stateside APM may choose to pay a cash settlement for the irreparable component of the system or appliance. Stateside APM is not responsible for installation. The cash settlement shall be in an amount not to exceed the depreciated value of the component/appliance being replaced

(iv) Select the manufacturer, make and model of any replacement parts used in the repair of the defective system or appliance; and

(v) Obtain a second opinion with regard to the cost of replacement without any additional cost to You.

9. Exclusions to Coverage.

9.1 Exclusions Generally. The following is a list of systems and/or appliances that are NOT covered by this Agreement. In the event this paragraph conflicts with any other provisions in this Agreement, this paragraph shall be controlling.

9.1.1. Hazardous Material. This Agreement does not cover any systems, appliances and/or services relating to hazardous or toxic material including, but not limited to, acids, asbestos, lead and lead based products and any other hazardous contaminants.

9.1.2. This Agreement does not cover any systems or appliances that have had previous repair or that require repair / replacement as a result of improper installation, previous repair, damage caused by any construction activity, improper wiring, inadequate or lack of capacity, power failures, power surges, overloads, missing parts, failure to properly maintain, failure to properly clean, neglect, misuse, corrosion, rust, sediment and any modification to the system or appliance. You are responsible for providing annual maintenance and cleaning by a licensed technician on covered items to ensure continued coverage on such items. Stateside APM reserves the right to request prior years (3) maintenance records and/or pictures, without proper maintenance records and pictures the maximum payout on any system/appliance is up to $150.00. For example: heating and a/c systems require periodic cleaning and/ replacement of filters and cleaning of evaporator and condenser coils. Water heaters require periodic flushing.

This policy covers mechanical breakdowns, it does not cover shelves, door handles, doors, hinges, knobs and buttons, door seals, displays, latches, timers, leveling equipment, clogged drains or lines, cosmetic issues, gaskets, leak searches, lights, noise, refrigerants, valves, dispensers, installation, electrical failures.

9.1.3. Acts of Nature. This Agreement does not cover systems or appliances that require repair / replacement as a result of an Act of God, including, but not limited to, storms, earthquake, war, riot, fire, flood, mold, nuclear incidents, vandalism, pests, pets, freezing damage, theft, roots and settlement of earth.

9.1.4. Foundation/Structure. This Agreement does not cover any damage and/or defects to the structural components of the covered home, including, but not limited to, the foundation and any beams of the covered home.

9.1.5. Manufacturer’s Defect. This Agreement does not cover any system or appliance that has malfunctioned as a result of the manufacturer’s defect, recall and/or defective materials or parts.

9.1.6. Solar/Smart House. This Agreement does not cover any systems, appliances, equipment and components, utilized in connection with solar heating or solar power systems. This Agreement does not cover electronic, computerized or energy management systems or devices, lighting and appliance management systems, such as a “Smart House”.

10. Stateside APM’s Liability.

10.1 Dimensions, Brand and Color, Limits. Stateside APM will not be responsible for matching a system or appliance’s color, brand, or dimensions and only is responsible for repairing and/or replacing systems or appliances of similar capacity and efficiency. The following guidelines will be implemented to provide a repair/replacement allowance. For heating or cooling equipment (hvac), in the first three months of coverage a $500 repair/replacement allowance will be paid to the customer. This repair/replacement allowance will increase to $2000 after the first three months of coverage. For appliances, plumbing and electrical (non-heating or cooling) in the first three months a $150 repair/replacement allowance will be paid to the customer. This repair/replacement allowance will increase to $500 after the first three months of coverage. For additional coverage options in the first three months a $150repair/replacement allowance will be paid to the customer. This repair/replacement allowance will increase to $400 after the first three months of coverage. In the event a part is not available, Stateside APM’s responsibility is to reimburse for the value of the part up to the policy limits. If Freon coverage is selected as an option the limit is $150 for the first 3 months of coverage and $250 for the remainder of the contract.

10.2. Removal/Disposal. Stateside APM will not be responsible for any costs associated with the removal and/or disposal of any system and/or appliances repaired, or any waste or debris associated with the repair and/ replacement services.

10.3. Local/State/Federal Government Violation. Stateside APM will not be responsible for repair / replacement of any system or appliance which said repair / replacement would violate any local, state and/or federal laws, rules, codes or regulations. If a system or appliance cannot be repaired d without violating a local, state or federal law, rule, code or regulation, then Stateside APM’s liability will be limited to a cash settlement which shall be in an amount not to exceed the depreciated cost of the product in need of repair / replacement. If a violation of any local, state and/or federal law, rule, code or regulation is discovered before or during the repair / replacement service, Stateside APM will not be required to initiate and/or complete the repair / replacement service until the violation and/or potential violation is corrected by You. Stateside APM will not be responsible for any additional costs associated with the correction of the violation and/or potential violation. Stateside APM will not be responsible for any improvements, services and/or costs required to comply with any local, state and/or federal laws, regulations, ordinances

10.4. Access. It is your responsibility to provide access to the system or appliance in need of repair / replacement. In the event that the system or appliance cannot be accessed without causing damage to a wall, floor, cabinet or ceiling, Stateside APM will not cover and will not be responsible for any wall coverings, floor coverings, cabinets, counter tops, tiling, paint, or for the repair of any structural or cosmetic defects, including, but not limited to, reconfiguring space to accommodate replacement components.

10.5 Delay. Stateside APM will not be responsible for delays in repairing or replacing a system or appliance resulting from events beyond its control, including, but not limited to, weather conditions, labor disputes, strikes, delivery problems, war or availability of parts.

10.6 Upgrades. This Agreement does not cover upgrades to any system or appliance.

11. Hold Harmless. You shall keep, save and hold harmless Stateside APM from any and all damages and liability arising out of any fault or negligence by You or any failure on Your part to comply with any of the covenants, terms and conditions herein contained. In case Stateside APM shall, without fault on its part, be made a party to any litigation commenced by or against you, you shall protect and hold Stateside APM harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Stateside APM in connection with such litigation. You shall also pay all costs, expenses and reasonable attorney’s fees that may be incurred or paid by Stateside APM in enforcing the covenants and terms of this Agreement. We are not liable for the negligence or other conduct of the Service Provider, nor are We an insurer of Service Providers performance.

12. Consequential Damages. This Agreement does not provide coverage for damage caused by a malfunctioning or inoperable appliance or system, including, but not limited to, water, fire and mold spores. Stateside APM, its employees, agents, shareholders or parent company shall in no way be responsible for any damages, whether in contract or tort, for any malfunctioning or inoperable appliance or system.

13.1 Cancellation by Stateside APM. Stateside APM may cancel this Agreement, therefore voiding this Agreement if it is deemed that You have either:

(i) Fraudulent conduct by You;

(ii) Misrepresentations by You;

(iii) Failed to make the require payments to Stateside APM;

(iv) Upon mutual agreement between You and Stateside APM. In the event Stateside APM agrees to allow You to cancel after the thirtieth day, the You shall be entitled to a pro rata refund of payments made regarding Your home service contract for the remaining term, less an administrative fee and any service costs incurred by Stateside APM.

13.2. Cancellation by You. You may cancel this Agreement within thirty (30) days from the Order Date of this Agreement, as set forth on the schedule page accompanying this Agreement. In the event you cancel within the thirty (30) day period, the You shall be entitled to a full refund if and only if, no service has been provided under the contract. After the thirtieth day, you may receive a refund pro-rated at the non-discounted annual plan cost. A $75 cancellation fee will be charged and any service costs incurred by Stateside APM Home service contract.

14. Renewal. In the event You wish to renew this Agreement for an additional term, as set forth in the schedule page accompanying this Agreement, you must contact a Stateside APM representative prior to the expiration of your current term. You will be notified by a Stateside APM representative as to the new rates and the new terms of coverage. Stateside APM reserves the right to deny your request for renewal for any reason and change the rate and terms of coverage for the renewed term.

14.1. Automatic Renewal. In the event You select the monthly payment option and Stateside APM elects to renew your contract, Stateside APM will notify you of the rate and term for the renewal period during the tenth month of Your contract and You will be automatically renewed for an annual coverage period unless you notify Stateside APM in writing thirty (30) days prior to the Termination Date. Your first payment for the renewed term will be deemed as authorization for another twelve (12) month term.

15. Arbitration. Any disputes resulting from this Agreement or any dispute resulting to Stateside APM’s home service contract service shall be construed and enforced under the laws of the State of New Jersey. You hereby submit to the jurisdiction of the courts of New Jersey, and waive any objection to venue with respect to actions brought in such courts.

16. Severability. If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby.

17. Monthly Payment Option. Where a claim in excess of $100 is approved within the first 9 months of the plan effective date and the payment method chosen is monthly, the remaining balance of the premium due for the contract period, must be paid before any work will be authorized.