Terms of service


GENERAL PROVISIONS

(as of 10/17/22)

PLEASE READ THIS AGREEMENT CAREFULLY.  It describes the protection You will receive in return for payment by You.  You must keep this Agreement, Declarations Page, Your sales invoice and receipt for the product You purchased.  They are integral parts of this Agreement, and You may be required to produce them to obtain service.   You must maintain the covered product as recommended by the manufacturer's owner’s manual or product warranty.   Refer to the face of this Agreement, or the Declarations Page of this Agreement, or Your sales invoice or receipt to determine the term of this Agreement, whether You purchased a Replacement or Repair Plan, and if there is a deductible required to obtain service.



DEFINITIONS:

“Claim”: a demand for service or payment in accordance with this protection plan.

 

“Plan Purchase Price”: means the payment amount required from the Contract Holder for coverage to remain in force under this Protection Plan, as stated on the Declarations Page (excludes any applicable taxes). 

 

“Term”: the period of time in which the provisions of this Protection Plan are valid.

 

“Covered Product(s)”: means the board, ski or equipment covered by this Agreement as indicated on Your receipt and /or Declaration page.

 

“Deductible”: means the amount you are required to pay, for covered repairs and replacements.  The Deductible is the amount stated on Your Declarations Page under the title Deductible. The Retailer, the servicer or the Administrator will collect this amount prior to any service being performed.

 

 “Original Purchase Price”: the amount You paid to purchase the Covered Product, excluding taxes, shipping and installation.

 

“Accidental Damage,” “Accidental Damage from Handling” or “ADH”: means a single, unexpected, sudden and unintentional event causing the Covered Product to Ding, break or buckle, or crack while in use, or from mishandling that renders it unsafe or less optimal to use and does NOT include accumulated damage from continual or multiple events.

 

“Retailer” or “Agent” means the entity selling the Covered Product or Protection Plan.

 

“New Product” means that there has been no prior owner of the Covered Product and the product has a full manufacturer’s warranty as of the effective date of this Agreement.

 

 

 

“Service Contract”, “Protection Plan”, “Terms and Conditions” or “Agreement” means the terms, conditions, limitations and exclusions, of this Agreement, that You purchased, as indicated on Your Declarations Page. This Agreement is NOT an insurance policy.   

 

 “Dings”, “Dents,” “Breaks” or “Buckles”: means damage that has been caused during normal use that goes beyond cosmetic damage such as  scratches and nicks, further meaning that the Covered Product is at risk of breaking and should be repaired for safe use or is lessened in its ability to be used normally. Specifically, covered Dings and Dents are those that allow leaking into the foam whereby that Ding or Dent has resulted in a crack in the coating of the Covered Product that allows leaking into the foam (affects the integrity of the Covered Product), or causes the Covered Product not to perform optimally.

 

“You”, “Your” and “Contract Holder”: means the purchaser of this Protection Plan and the owner of the Covered Product(s) that are covered by this Protection Plan as shown on the Declarations Page.

 

“Waiting Period”:  the period of time starting on the Contract Start Date, as shown on the Declarations Page, during which no Claims are considered for coverage under this Protection Plan. 

 

“Obligor”, “We”, “Us” and “Our”: mean the company obligated under this Agreement, Starr Protection Solutions, LLC (“SPS”), except in Florida, Oklahoma and Washington. In Oklahoma and Washington, the obligor is Starr Underwriting Agency, Inc. (Oklahoma License # 44200902) (“SUA”). SPS and SUA are located at 399 Park Avenue, 3rd Floor, New York, NY 10022, (855) 438-2390. In Florida, the obligor is Starr Indemnity & Liability Company located at 399 Park Avenue, 3rd Floor, New York, NY 10022, [(855) 438-2390].

 

“Administrator” and “TPA”, mean After, Inc., PO Box [1520] Norwalk, CT 06852-[1520], [833-349-7873].  

 


Repair Plan:

  1. Parts will be replaced with those of like kind and quality.  We may use new or remanufactured parts.  
  2. The term of this Agreement begins on the effective date and continues for the period indicated on the Declarations Page, sales invoice, or receipt, unless otherwise indicated herein.;
  3. Coverage for damage and covered defects is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the event the Covered Product is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended until covered repair has been completed; 

Replacement Plan: replacement of the originally Covered Product.  We will replace your Covered Product one (1) time, if required, under the terms of the Protection Plan. The Covered Product will be replaced with a product of like kind and quality, with a cost not to exceed the Limit of Liability.


THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY, even if you fail to report it to the manufacturer or if the manufacturer fails to provide coverage.


WHAT IS COVERED:

  1. We will repair or replace the Covered Product, at Our discretion, in the event of damage of the Covered Product due to a break or buckle, or Accidental Damage, resulting from normal use.  [Fins are covered only if they are pre-installed on the Covered Product or purchased at the same time as the Covered Product as noted by Your receipt and/or Declaration page.]
  2. Accidental Damage and ADH: The Covered Product is protected against Accidental Damage such as dings and breaks from sudden impact while in normal use.  ADH is a single, unexpected, sudden and unintentional event causing the Covered Product to Ding, Break, Buckle, or crack while in normal use, that renders it unsafe or not optimal to use, and does NOT include accumulated damage from continual or multiple events. ADH only covers sudden events and does not include protection against theft, mysterious disappearance, misplacement, reckless, abusive, willful or intentional conduct associated with handling and use of the Covered Product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between You and Our service providers, and any other limitations listed in the “What is Not Covered” section of this Agreement.  Any resultant damage from this type of treatment is NOT covered by this Agreement.  The use of this coverage may require an explanation of where and when the accident occurred as well as a detailed description of the actual event. Failure to provide this information may result in claim denial. 
  3. Parts will be replaced with those of like kind and quality.  We may use new or remanufactured parts.  The Covered Product will be replaced by Us with a product of similar quality and features if We determine that the cost to repair the Covered Product exceeds the original purchase price or if parts are no longer available or are discontinued by the manufacturer.  Any replacement product will require the purchase of a new Agreement.  Proof of purchase may be required to receive coverage under this Agreement.

LIMIT OF LIABILITY:

SERVICE COSTS, TRIP CHARGES, BREAKDOWN CHARGES, INSPECTION FEES OR ESTIMATE CHARGES FOR REPAIRS NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY.  This Agreement shall expire upon replacement of the Covered Product or issuance of a compensation check in lieu of replacement. Upon replacement, there is no longer any obligation for the replaced product under this Agreement.  

The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Plan shall not exceed the original purchase price of Your Product, less taxes.  In the event We make payments for repairs, which in the aggregate, are equal to the original purchase price of Your Product or We replace Your Product, We will have no further obligations under this Plan.  IN NO EVENT SHALL THE TOTAL OF ALL CLAIMS OR REPLACEMENT EXCEED THE ORIGINAL PRICE PAID BY YOU FOR THE COVERED PRODUCT, LESS TAXES.


YOUR RESPONSIBILITIES:

PRODUCT PROTECTION: If damage or breakdown of the Covered Product is suspected, You should promptly take reasonable precautions in order to protect against further damage.


MAINTENANCE AND INSPECTIONS: If specified in the Covered Product’s manufacturer’s warranty and/or owner’s manual, You must perform all of the care, maintenance and inspections for the Covered Product as indicated. Proof of the completion of such maintenance, care and/or inspection services may be required at time of Claim.


EFFECTIVE DATE OF COVERAGE – WAITING PERIOD:

Your Protection Plan Effective Date  is shown on the Declarations Page. Your Protection Plan may include a Waiting Period as shown on the Declarations Page which may vary depending on the Covered Product and/or the coverage type. The Waiting Period starts on the Protection Plan Effective Date. You cannot submit a claim for coverage until expiration of the applicable Waiting Period. 

For Protection Plans not purchased at the same time as the Covered Product, you must provide photographic proof to the Administrator, via email to [info@surfcare.co], that the Covered Product had no physical damage at the time the Protection Plan was purchased. 


HOW TO GET SERVICE:

You must contact the Administrator for service.  Call [833-349-7873] between the hours of 9:00 am and 5:00 pm Pacific Standard Time. Or send an email to [info@surfcare.co.] or file online at [www.surfcare.com]  All repairs must be authorized by the Administrator prior to performance of work. Claims on unauthorized repairs may be denied.     


WHAT IS NOT COVERED (GENERAL EXCLUSIONS):


  • Products not covered by a manufacturer’s warranty at the time of manufacturing;
    •
  • Any Claim submitted during any Waiting Period shown on the Declarations Page;
    •
  • Product repairs that should be covered by the manufacturer’s warranty or are the result of a recall, regardless of the manufacturer’s ability to pay for such repairs;
    •
  • Any Claim for service to or replacement of the Covered Product that We have not prior authorized;
    •
  • Cleaning; periodic checkups; preventive maintenance (unless specifically purchased); 
    •
  • Any and all pre-existing conditions that occur prior to the effective date of this Agreement, any claims that occur during the manufacturer warranty period that are the responsibility of the manufacturer and/or any product sold “AS-IS” including but not limited to floor models, demonstration models, etc.; 
    •
  • Parts or repairs due to normal wear and tear unless tied to a breakdown and parts normally designed to be periodically replaced by You during the life of the Covered Product, including but not limited to wax and board covers etc;
    •
  • Damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; or failure to follow the manufacturer’s instructions, while owned by You;
    •
  • Loss or damage caused by war; invasion; act of foreign enemy; hostilities; civil war; rebellion; riot; strike; labor disturbance; lockout; civil commotion; contaminant or communicable disease (including but not limited to epidemic or pandemic), or governmental action or restriction based upon any of the foregoing;
    •
  • Incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use or lost profits during the period that the Covered Product is at an authorized service center or awaiting parts;
    •
  • Product use by professionals, or used on a rental or commercial basis, regardless of whether loss or damage occurs while the Covered Product is being rented;
    •
  • Failure that occurs outside of the 50 states of the United States of America and the District of Columbia;
    •
  • Breakdown or damage covered under any other insurance, warranty, guarantee and/or service agreement;
    •
  • Non-functional or aesthetic parts including but not limited to accessories attached to the Covered Product; scratches, peeling;
    •
  • Cost of installation, setup, diagnostic charges, removal or reinstallation of the Covered Product, except as provided herein;
    •
  • Accessories used in conjunction with a Covered Product;
    •
  • Any loss other than a loss covered by this Agreement;
    •
  • Service where no problem can be found; noises; squeaks; loss or damage not reported during the term of this Agreement;
    •
  • Damage to a Covered Product that was not stored securely or properly to prevent damage;
    •
  • Break or buckle resulting from accumulated damage from continual or multiple events;
    •
  • Any break or crack occurring while the Covered Product is not in use for its intended purpose; or
    •
  • Damage resulting from mishandling that renders the Covered Product unsafe or impossible to use
    •
  • Delaminating and Yellowing;
    •
  • Notwithstanding any provision to the contrary, this Service 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: Any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not); Or Coronavirus (COVID-19) including any mutation or variation thereof; Or Pandemic or Epidemic, as declared as such by the World Health Organization or any Governmental Authority.

    • This Protection Plan is intended to cover failures during personal recreational use.


    IN NO EVENT SHALL WE OR ANY OF OUR AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS AGREEMENT WILL NOT COVER A BREAKDOWN OR DAMAGE NOT SPECIFICALLY LISTED UNDER “WHAT IS COVERED”.


    TRANSFERABLE: 

    This Protection Plan is transferable by the original purchaser for the balance of the Protection Plan term to any person in the United States at no charge. The Protection Plan may be transferred by mailing information to the Administrator, including a copy of the sales receipt showing the purchase date of the Covered Product, the Protection Plan contract number, the date of new ownership and the new owner’s name, complete address and telephone number. Coverage is effective upon receipt of written notice by the Administrator. The transfer does not extend the Term of the Protection Plan


    CANCELLATION: 

    You may cancel this Protection Plan at any time by informing the Administrator of Your cancellation request.


    You may cancel this Protection Plan for any reason at any time. To cancel it, contact the Administrator at [833-349-7873]. If You cancel this Protection Plan within the first thirty (30) days after purchase and have no claims during that period, You will receive a 100% refund of the purchase amount paid for this Protection Plan. If You cancel after the first thirty (30) days from purchase of this Protection Plan, You will receive a pro rata refund based on the time remaining on Your Protection Plan . Any fees or past claims shall be deducted from the refund and the refund will be sent to You within thirty (30) business days from the cancellation request.


    We may cancel this Protection Plan at our option on the basis of nonpayment, fraud, or material misrepresentation by You. If We cancel Your Protection Plan, You will receive a pro rata refund. If this Protection Plan was inadvertently sold to You on Product which was not intended to be covered by this Protection Plan, We will cancel this Protection Plan and return all monies paid by You for this Protection Plan up to the date of the cancellation. Written notice, which includes the effective date of cancellation and reason for cancellation, will be mailed or emailed to You at least 30 days prior to termination. If We cancel this Protection Plan for nonpayment by You, then We will provide notice at time of cancellation.


    SEVERABILITY:

    If a part, provision, or clause of this Protection Plan, or the application thereof to any person or circumstance, is held invalid, void or unenforceable, such holding shall not affect and shall leave all other parts, provisions, clauses or applications of this Protection Plan intact.





    DISPUTE RESOLUTION:

    Most disputes or disagreements between You and Us arising under this Protection Plan can be resolved quickly by contacting the Administrator in writing at the address noted on Page 2.  The parties will attempt to resolve any dispute arising out of or related to these program terms through good faith negotiation. 


    The following clause applies to the maximum extent permitted by the applicable law.  In the unlikely event We are unable to resolve a dispute We have with You after attempting to do so informally, You and We agree to resolve such disputes through final and binding arbitration in accordance with the rules of the Judicial Arbitration and Mediation Services “JAMS” in the United States. Each party will bear its own costs in arbitration, provided that We reserve the right, in Our discretion, to pre-pay certain fees You may incur in connection with the arbitration subject to refund if You do not prevail. Both parties waive their rights to a jury trial. Unless We and You agree otherwise, any arbitration hearings will take place in the State where You purchased Your Product.


    INSURED AGREEMENT: 

    This is not an insurance policy. Our obligations under this Protection Plan are guaranteed under a reimbursement insurance policy issued by Starr Indemnity & Liability Company. Starr Indemnity & Liability Company is located at 399 Park Avenue, 3rd Floor, New York, NY 10022, and You may contact them toll-free at [(855) 438-2390]. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against Starr Indemnity & Liability Company.


    ENTIRE CONTRACT:

    These terms and conditions, together with the Declarations Page, and Your purchase order / sales receipt sets forth the entire contract between the parties and no representation, promise, or condition not contained herein shall modify these terms.


    DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND GUARANTEES: WE PROVIDE THIS PROTECTION PLAN AND ANY SERVICES PROVIDED OR ATTEMPTED HEREUNDER “AS IS,” WITH ALL FAULTS, AT YOUR SOLE RISK.  WE DO NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING THIS PROTECTION PLAN OR ANY RESULTS THEREOF.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF ACCURACY OR COMPLETENESS WITH RESPECT TO THIS PROTECTION PLAN.


    SPECIAL STATE DISCLOSURES: 

    Regulation of service plans may vary widely from state to state. Any provision within this Agreement, which conflicts with the laws of the state where You reside, shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Protection Plan was purchased in one of the following states and supersede any other provision within Your Protection Plan terms and conditions to the contrary.


    ALABAMA only: You may return this Protection Plan within twenty (20) days of the date this Protection Plan was provided to You or within ten (10) days if this Protection Plan was delivered to You at the time of sale. If You made no claim, this Protection Plan is void and the full purchase price will be refunded to You. If You cancel this Protection Plan after the first 20 days, You will receive the unearned portion of the full purchase price of this Protection Plan, less an administrative fee of up to twenty-five dollars ($25.00). To arrange for cancellation of this Plan, please contact Your Seller. The Obligor will pay a penalty of ten percent (10%) per month on a refund that is not paid or credited within forty-five (45) days after return of the Protection Plan to the Obligor. Obligations of the Obligor are backed by the full faith and credit of the Obligor, as well as by a service contract reimbursement policy. If the Obligor fails to pay or to provide service on a claim within sixty (60) days after proof of loss has been filed, the contract holder is entitled to submit a claim directly to Starr Indemnity & Liability Company, who insures the Obligor’s obligations under this Protection Plan, at [(855) 438-2390] or 399 Park Ave 3rd Floor, New York, NY 10022. These provisions apply only to the original purchaser of this Protection Plan. In the event the Obligor cancels this Protection Plan, the 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 provider fee or a material misrepresentation by You relating to the covered property or its use.


    ARIZONA only Definitions: A “Consumer” means a contract holder, inclusive of a buyer of the Covered Product (other than for re-sale), any person to whom the Covered Product is transferred to during the duration of the Coverage Term, or any person entitled to receive performance on the part of the Obligor under applicable law. “Service Dealer” is any person or entity that performs or arranges to perform services pursuant to a service contract which the Service Dealer issues. “Protection Plan Administrator” means an entity which agrees to provide contract forms; process claims and procure insurance for and on behalf of a Service Dealer in performance of the obligations pursuant to a service contract, but which may not itself perform actual repairs. 


    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 Seller.  All references to denial or exclusion from coverage are applicable only if they happened while the product was owned by you.


    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 Plan. 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 $75 dollars or ten percent of the purchase price of the service contract, whichever is less.  To arrange for cancellation of this Plan, please contact Your Seller. Starr Protection Solutions, LLC is the Provider and the Obligor for this Protection Plan 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 602-364-2499 or difi.az.gov.


    CALIFORNIA only: With respect to California contract holders, the Administrator under this Protection Plan is After, Inc. The Obligor under this Protection Plan is Starr Protection Solutions LLC. This Protection Plan may be cancelled by the contract holder for any reason, including, but not limited to, the Product covered under this contract being sold, lost, stolen or destroyed. If You decide to cancel this Protection Plan, and cancellation notice is received by the Seller within 60 days of the date You received this Protection Plan, and You have made no claims against this Protection Plan, You will be refunded the full Protection Plan price, less any claims; or if this Protection Plan is cancelled by written notice after 60 days from the date You received this Protection Plan, You will be refunded a pro-rated amount of the Protection Plan price, less any claims paid or less an administrative fee of 10% of the Protection Plan price or $25, whichever is less, unless otherwise precluded by law. To arrange for cancellation of this Plan, please contact Your Seller.


    COLORADO only:  Action under this Protection Plan may be covered by the provisions of the “Colorado Consumer Protection Act” or the “Unfair Practices Act,” Articles 1 and 2 of Title 6, C.R.S. A party to this Protection Plan may have a right of civil action under the laws, including obtaining the recourse or penalties specified in such laws.


    CONNECTICUT only: The term of this Protection Plan is automatically extended by the length of time in which the Covered Product is in the Obligor’s custody for repair under this Protection Plan. In the event of a dispute with the 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 Protection Plan. If the Obligor fails to pay or to provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to submit a claim directly to Starr Indemnity & Liability Company who insures the Obligor’s obligations under this Protection Plan, at [(855) 438-2390] or 399 Park Ave, 3rd Floor, New York, NY 10022.


    FLORIDA only:  The Obligor under this Protection Plan is Starr Indemnity & Liability Company.  The Administrator under this Protection Plan is After, Inc. If You cancel this Protection Plan, You will receive a refund equal to 90% of the unearned pro rata purchase price of the Protection Plan, less any claims that have been paid or less the cost of repairs made on Your behalf. To arrange for cancellation of this Plan, please contact Your Seller. If We cancel this Protection Plan, You will receive one hundred percent (100%) of the unearned pro rata purchase price of this Protection Plan, less any claims paid or the cost of repairs made on Your behalf. The rates charged for this Protection Plan are not subject to regulation by the Florida Office of Insurance Regulation.


    GEORGIA only: You may cancel this Protection Plan at any time by notifying the Seller in writing or by surrendering this Protection Plan to the Seller, whereupon the Seller will refund the unearned pro rata purchase price based on the time remaining on the request for cancellation. To arrange for cancellation of this Plan, please contact Your Seller. The Obligor is also entitled to cancel this Protection Plan at any time based upon fraud, misrepresentation, nonpayment of fees by You, or non-renewal. 


    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 Seller.


    Procedures for cancellation of this Protection Plan will comply with section 33-24-44 of the Georgia code. Administrator may cancel this Protection Plan upon thirty (30) days written notice to You. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Obligor, the claim can be submitted to Starr Indemnity & Liability Company who insures the Obligor’s obligations under this Protection Plan at [(855) 438-2390] or 399 Park Ave, 3rd Floor, New York, NY 10022.


    HAWAII only: You may return this Protection Plan within thirty (30) days of the date this Protection Plan was provided to You or within twenty (20) days if this Protection Plan was delivered to You at the time of sale. If You made no claim, this Protection Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. The 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 this Protection Plan to the Seller. These provisions apply only to the original purchaser of this Protection Plan. In the event the Obligor cancels this Protection Plan, We will mail a written notice to You at Your last known address at least 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 provider 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 Obligor under this Protection Plan are insured under a service contract contractual liability policy issued by Starr Indemnity & Liability Company, 399 Park Ave, 3rd Floor, New York, NY 10022. If You have a question or complaint, You may contact the Insurance Commissioner, Hawaii Insurance Division, PO Box 3614, Honolulu, Hawaii, 96811.


    ILLINOIS only: Starr Protection Solutions, LLC, (and not the dealer or manufacturer), is the Obligor under this Protection Plan in the State of Illinois. The Obligor will pay the cost of covered parts and labor necessary to restore the Product (s) to normal operating condition as a result of covered or mechanical component failure due to normal wear and tear. You may cancel this Protection Plan at any time. If You cancel this Protection Plan 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 Protection Plan 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 Plan, please contact Your Seller. If the Obligor fails to pay or to provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to submit a claim directly to Starr Indemnity & Liability Company which insures the Obligor’s obligations under this Protection Plan at the following address: 399 Park Avenue, 3rd Floor, New York, NY 10022.


    INDIANA only: If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Obligor, the claim can be submitted to Starr Indemnity & Liability Company, who insures the Obligor’s obligations under this Protection Plan, at 399 Park Avenue, 3rd Floor, New York, NY 10022.


    KENTUCKY only: If processing of a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Obligor, the claim may be submitted to Starr Indemnity & Liability Company who insures the Obligor’s obligations under this Protection Plan at 399 Park Avenue, 3rd Floor, New York, NY 10022.


    MISSOURI only:  The following provisions apply only to the original purchaser of this Protection Plan, and only if no claim has been made prior to the return of this Protection Plan: You may return this Protection Plan within twenty (20) days of the date this Protection Plan was mailed to You or within ten (10) days if this Protection Plan was delivered to You at the time of sale. If You made no claim under this Protection Plan, the Plan is void and the full purchase price will be refunded to You or credited to Your account. To arrange for cancellation of this Plan, please contact Your Seller. The 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 this Protection Plan to the Seller.  The Deductible (if applicable) is a non-refundable amount You will be assessed, per Claim, prior to receiving covered services under this Protection Plan, as indicated on the purchase confirmation page. 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 Protection Plan provisions.


    NEVADA only: This Protection Plan is renewable at Our option.  This Protection Plan is not an insurance policy. This Protection Plan does not provide replacement or service coverage for failures or breakdowns arising from pre-existing conditions or for any form of consequential damages. The purchase price is as indicated on the bill of sale or receipt and is considered to be a part of the contract.


    The cancellation provision in this Protection Plan is hereby deleted and replaced with the following:

    This Protection Plan is void and We will refund to You the purchase price of this Protection Plan, if no service or replacement claim has been made and You return the contract to Us:

    (a) Within 20 days after the date this Protection Plan was mailed or otherwise sent to You; or

    (b) Within 10 days after You have received a copy of this Protection Plan if We have furnished You with a copy of this Agreement at the time when this Agreement was purchased.

    To arrange for cancellation of this Plan, please contact Your Seller. We will refund to You the purchase price of this contract within 45 days after it has been returned to us. If We do not refund the purchase price within 45 days, 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 Protection Plan at any other time and receive a refund equal to the pro rata purchase price. These provisions apply only to the original purchaser of this Protection Plan.

    We may not cancel this contract once it has been in effect for at least seventy (70) days, except for the following conditions:

    (a) Failure by You to pay this Protection Plan purchase price;

    (b) The contract holder being convicted of a crime which results in an increase in the service required under this Protection Plan;

    (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 contract by You which substantially and materially increases the service requested under this Protection Plan; or

    (e) A material change in the nature or extent of the service required under this Protection Plan, which occurs after the purchase of this contract, and substantially and materially increases the service required beyond that contemplated at the time of purchase.

    If We cancel this Protection Plan 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 this Protection Plan, the Administrator and/or Obligor liability is limited to the original retail purchase price You paid for such Product. We may not cancel this Protection Plan until at least fifteen (15) days after the notice of cancellation has been mailed to You. The obligations under this Protection Plan are guaranteed by Starr Indemnity & Liability Company located at 399 Park Ave., 3rd Floor, New York, NY 10022.  If You are not satisfied with the manner in which We are handling service under this Agreement, You may contact the Nevada Commissioner by use of the toll-free number of the Division, (888) 872-3234.


    NEW HAMPSHIRE only: In the event You do not receive satisfaction under this Protection Plan, 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 Protection Plan are insured by a contractual liability policy issued by Starr Indemnity & Liability Company located at 399 Park Ave., 3rd Floor, New York, NY 10022. In the event any covered service is not paid within sixty (60) days after proof of loss has been filed or the Obligor ceases to do business or goes bankrupt, You may file Your claim directly with Starr Indemnity & Liability Company.


    NEW MEXICO only: You may return this Protection Plan within ninety (90) days of the date this Protection Plan was provided to You. If You made no claim, the Agreement is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. The 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 this Protection Plan. These provisions apply only to the original purchaser of this Protection Plan. We may not cancel this Protection Plan once it has been in effect for seventy (70) days except for the following conditions:

    (a) Failure to pay an amount when due;

    (b) The conviction of You in a crime that results in an increase in the service required under this Protection Plan;

    (c) Fraud or material misrepresentation by You in obtaining this Protection Plan or in presenting a claim for service thereunder; or

    (d) Discovery of an act or omission or a violation of any condition of this Protection Plan by You, which substantially and materially increases the service required under this Protection Plan.

    If We cancel this Protection Plan, 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 provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the Covered Product or its use.


    NEW YORK only: The obligations of the Obligor under this Protection Plan are insured under a service contract reimbursement insurance policy issued by Starr Indemnity & Liability Company. If the Obligor fails to perform under this Agreement, including failure to return any unearned fee in the event of cancellation, Starr Indemnity & Liability Company will pay all sums the Obligor is legally obligated to pay under this Agreement or perform any service the Obligor is legally obligated to perform under this Agreement. You may return this Protection Plan within twenty (20) days of the date this Protection Plan was provided to You or within ten (10) days, if this Protection Plan was delivered to You at the time of sale. If You made no claim, this Protection Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. 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 this Protection Plan. These provisions apply only to the original purchaser of this Protection Plan In the event We cancel this Protection Plan, 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 provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the Covered 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 Starr Indemnity & Liability Company located at 399 Park Ave, 3rd Floor, New York, NY 10022, [(855) 438-2390].


    NORTH CAROLINA only: The purchase of this Protection Plan is not required in order to obtain financing. We may not cancel this Protection Plan except for nonpayment by You or for violation of any of the terms and conditions of this Protection Plan. If You cancel this Protection Plan, 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 Plan, please contact Your Seller. Obligations under this Protection Plan are insured by Starr Indemnity & Liability Company, 399 Park Ave., 3rd Floor, New York, NY 10022.


    OKLAHOMA only: The Obligor under this Protection Plan is Starr Underwriting Agency, Inc. (License # 44200902). This plan is a service agreement and is not an insurance policy. The Cancellation conditions do not apply to Oklahoma state residents. In the event You cancel this Protection Plan, 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 Plan, please contact Your Seller. In the event We cancel this Protection Plan, 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 contract is not guaranteed by the Oklahoma Insurance Guaranty Association.  While arbitration is mandatory, the outcome of any arbitration shall be nonbinding on the parties, and either party shall, following arbitration, have the right to reject the arbitration awarded and bring suit in a district court of Oklahoma.


    OREGON only:  Arbitration: 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.  Any arbitration occurring under this Protection Plan shall occur in an agreed upon location by both parties and be administered in accordance with the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (the “Arbitration Rules”) unless any procedural requirement of the Arbitration Rules is inconsistent with the Oregon Uniform Arbitration Act in which case the Oregon Uniform Arbitration Act shall control as to such procedural requirement. Any award rendered shall be a nonbinding award against You.


    SOUTH CAROLINA only: In order to prevent damage to the Covered Product, please refer to the owner’s manual. This Protection Plan does not provide coverage for pre-existing conditions. This Protection Plan 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 breakdown or performance failure occurs. You may return this Protection Plan within twenty (20) days of the date this Protection Plan was provided to You, or within ten (10) days, if this Protection Plan was delivered to You at the time of sale. If You made no claim, this Protection Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. 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 this Protection Plan. These provisions apply only to the original purchaser of this Protection Plan. In the event We cancel this Protection Plan, 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 provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the covered property 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 Starr Indemnity & Liability Company, which insures the obligations under this Protection Plan, located at 399 Park Ave., 3rd Floor, New York, NY 10022. In the event You have a question or complaint, You may contact the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina, 29202-3105, (803) 737-6134.


    TEXAS only: You may return this Protection Plan within twenty (20) days of the date this Service Contract was provided to You or within ten (10) days if this Protection Plan was delivered to You at the time of sale. If You made no claim, this Protection Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. We will pay a penalty of ten (10) percent of the 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 this Protection Plan . In the event We cancel this Protection Plan, 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 provider fee, a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered Product or its use. Obligations of the provider under this Protection Plan are insured under a service contract reimbursement policy. In the event a covered service is not provided by Us within sixty (60) days after proof of loss has been filed, the claim can be submitted to Starr Indemnity & Liability Company located at 399 Park Ave, 3rd Floor, New York, NY 10022. Unresolved complaints concerning a provider or questions concerning the registration of a service contract provider may be addressed to the Texas Department of Licensing and Regulations, PO Box 12157, Austin TX 78711, 1 (800) 803-9202.


    UTAH only:  The language in CANCELLATION section regarding Our rights to cancel this agreement is deleted and replaced with:  We may cancel this Protection Plan 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 Protection Plan 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 this Protection Plan 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 dealer.  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 the company. Any decision reached by arbitration shall be binding upon both you and the company. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgement in any court of proper jurisdiction.  If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to Starr Indemnity & Liability Company, who insures the Administrator’s obligations under this Protection Plan, located at 399 Park Avenue, 3rd Floor, New York, NY 10022, [(855) 438-2390]. Coverage afforded under this Protection Plan is not guaranteed by the Property and Casualty Guaranty Association. This service contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. 


    VERMONT only: You may return this Protection Plan within twenty (20) days of receipt and, if no claim for service has been made, receive a full refund of the purchase price. To arrange for cancellation of this Plan, please contact Your Seller. Our obligations under this Protection Plan are supported by a contractual liability insurance policy issued by Starr Indemnity & Liability Company. In an event that We are unable to perform under the contract, Starr Indemnity & Liability 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 the Our contractual obligations under this Protection Plan. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to Starr Indemnity & Liability Company located at 399 Park Avenue, 3rd Floor, New York, NY 10022, [(855) 438-2390].


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


    WASHINGTON only: 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 obligor under this Protection Plan are backed by the full faith and credit of the service contract obligor, Starr Underwriting Agency, Inc., located at 399 Park Avenue, 3rd Floor, New York, NY 10022. You may contact them toll-free at [(855) 438-2390].


    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 Starr Indemnity & Liability Company, who insures Our obligations under this Protection Plan, located at 399 Park Avenue, 3rd Floor, New York, NY 10022, [(855) 438-2390]. You may return this Protection Plan within twenty (20) days of the date this Protection Plan was mailed to You, or within ten (10) days, if this Protection Plan was delivered to You at the time of sale. If You made no claim, this Protection Plan is void and the full purchase price will be refunded to You or credited to Your account. To arrange for cancellation of this Plan, please contact Your Seller. 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 this Protection Plan to Us. If We cancel this Protection Plan for nonpayment by You, then We will provide You at least 5 days written notice prior of cancellation. These provisions apply only to the original purchaser of this Protection Plan.  In the event that You experience a total loss of property covered by this contract that is not covered by a replacement of the property pursuant to the terms of the contract, You shall be entitled to cancel this contract and receive a pro rata refund of any unearned provider fee, less any claims paid.  Lack of pre-authorization shall be the sole grounds for a claim denial; however, unauthorized repairs may not be covered if evaluated to have been at an unreasonable expense.


    WYOMING only: You may return this Protection Plan within twenty (20) days of the date this Protection Plan was provided to You, or within ten (10) days, if this Protection Plan was delivered to You at the time of sale. If You made no claim, this Protection Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. 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 this Protection Plan to Us. These provisions apply only to the original purchaser of this Protection Plan. In the event We cancel this Protection Plan, 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 provider 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 Protection Plan are insured by Starr Indemnity & Liability Company located at 399 Park Avenue, 3rd Floor, New York, NY 10022.