I. Miscellaneous Provisions
A. Dispute Resolution; Venue; Waiver of Jury Trial; Governing Law; Failure to Enforce Not Waiver; Force Majeure
- The parties mutually intend to resolve any disputes through negotiation between You and Us. In good faith, both parties will attempt to negotiate and settle any dispute, claim, or controversy arising from or related to this Contract. Initiating negotiations requires written notice from either party, specifying the dispute’s subject and requested relief. Timely and comprehensive responses will be provided to all initial and subsequent negotiation requests.
- Should any dispute under this Contract remain unresolved, the exclusive jurisdiction shall lie within the trial courts located in the jurisdiction of the Covered Property. Any objections regarding jurisdiction or venue in such courts are explicitly waived.
- Both parties hereby irrevocably waive all rights to a trial by jury in any action, proceeding, or counterclaim (whether based upon contract, tort, or otherwise) arising from or relating to this Contract or the parties’ actions in the negotiations, administration, performance, or enforcement thereof.
- This Contract will be governed, construed, and enforced in accordance with the laws of the state where the Covered Property is located.
- Any legal or judicial proceeding initiated by or on behalf of You under this Contract (including the assertion of any counterclaim, irrespective of the underlying proceeding’s origin) will be conducted on an individual basis. Class actions, collective actions, and similar representative proceedings of any kind or nature (whether pursued through the courts, arbitration, or any other judicial forum) are not permitted. By entering into this Contract, you agree to bring claims against Us or Our affiliates only in your individual capacity and may not bring claims as a plaintiff or class member in any purported class action, collective action, or other representative proceeding.
- Failure by Us to assert a right or enforce a requirement under this Contract shall not constitute a waiver of that or any other right or requirement. Such failure shall not prevent Us from asserting any right or enforcing any requirement at any time.
- We will exert commercially reasonable efforts to fulfill Our obligations under this Contract. Force Majeure Events, beyond Our reasonable control, may impede our performance. In case of Our inability to fulfill obligations due to a Force Majeure Event, Our responsibilities shall be suspended as necessary, and We shall not be liable for failure or damages caused by such an event. Force Majeure Events include, but are not limited to, acts of God, fire, war, flood, earthquake, hurricanes, tornadoes, natural disasters, pandemics, epidemics, acts of terrorism, acts of any governmental authority, accidents, strikes, labor troubles, shortages in supply, changes in laws, rules, or regulations of any governmental authority, and any other cause beyond Our reasonable control.
B. ASSIGNMENT & TRANSFER OF CONTRACT & RENEWALS
Transfer of Contract Ownership:
- If the Covered Property is sold during the term of this Contract, you have the option to transfer this Contract to the new owner. To initiate the transfer process, please notify us of the change in ownership and provide the new owner’s name by calling 1-800-496-7116. A copy of the Contract is available upon request.
Assignment by Us:
- We retain the right to assign this Contract, either in whole or in part, along with any of our associated rights and obligations, without requiring your consent, to the extent permitted by law. Upon such assignment, we are relieved of any further obligations to you. Unless specified otherwise, you are not authorized to assign this Contract without our prior written consent.
- This Contract will automatically renew at the end of the initial Coverage Period unless otherwise indicated. You will receive notification of any changes to the prevailing rate and renewal terms at least thirty (30) days before the auto-renewal date.
C. MULTIPLE UNITS AND INVESTMENT PROPERTY
Coverage for Duplex, Triplex, or Four-Plex Dwellings:
- If this Contract pertains to a duplex, triplex, or four-plex dwelling, coverage for common systems and appliances requires a separate HWA contract for each unit.
Coverage for Units in Multiple Units of Five (5) or More:
- For units within a multiple-unit property of five (5) or more, coverage extends only to items within the confines of each individual unit. Common systems and appliances are not covered.
Exclusions for Common Systems and Appliances:
- Except as explicitly stated in this section, common systems and appliances are excluded from coverage.
Exclusion of Short-Term Rental Properties:
- Residential investment properties used for short-term rentals (daily/weekly/monthly rentals) are not covered. The Covered Property must be a primary residence.
Cancellation by You:
- You have the right to cancel this Contract at any time. If canceled within the first 30 days from the Contract Start Date without any claims made, you are entitled to a full refund. If canceled within the first 30 days with a claim made or after 30 days, a pro-rata refund will be issued, deducting any incurred Service costs and an administrative fee of the lesser of $30 or 10% of the total purchase price.
Cancellation by Us:
- We reserve the right to cancel this Contract with at least thirty (30) days prior written notice. A pro-rata refund will be issued for the unexpired term, deducting the costs of any provided Services. Immediate cancellation, without prior notice, may occur in cases of fraud, material misrepresentation, non-payment, or a substantial breach of your duties. In case of fraud or material misrepresentation, immediate payment of all provided Services’ costs may be demanded, with no refund issued. The notice of cancellation will specify the reason and effective date of cancellation.
E. MISCELLANEOUS STATE PROVISIONS
The provisions outlined below are specific to certain states and prevail over any conflicting terms in the preceding sections of this Contract:
a. Alabama, Arkansas, Georgia, Hawaii, Massachusetts, Minnesota, New Mexico, Virginia, Wisconsin, and Wyoming residents: Apart from the cancellation rights mentioned earlier, you have the option to cancel this Agreement within 20 days (30 days for Hawaii Residents) from the date it was mailed to you or within 10 days (20 days for Hawaii Residents) from delivery, provided no services have been received. In such cases, you are entitled to a full refund, and a 10% monthly penalty applies if the refund is not processed within 45 days (30 days for Iowa Residents, 60 days for New Mexico Residents) after cancellation.
b. Alabama Residents: If the Agreement is canceled after the refund period, an administrative fee of up to $25 may be retained.
c. Georgia Residents: We can only cancel for fraud, material misrepresentation, or non-payment. If canceled by us, you’ll receive a 30-day written notice, and 100% of the unearned pro-rata purchase price, less any claims paid, will be refunded. After the free look period, you can cancel at any time, and we’ll refund 100% of the unearned pro-rata purchase price, less any claims paid.
d. Hawaii Residents: Your cancellation and refund rights are non-transferable and apply only to the original Agreement purchaser.
e. Iowa Residents: Administrative fees will not exceed 10% of the gross amount paid for this Agreement.
f. Nevada Residents: If no claims have been made, you can return this Agreement within 20 days of mailing (or 10 days from sale if delivered then), rendering the Agreement void. A 10% penalty per month is applicable if the refund is delayed beyond 45 days.
g. Oklahoma Residents: Refunds are based on 90% of the unearned pro-rata fee paid, less the actual cost of any service provided upon cancellation. If we cancel, it’s based on 100% of the unearned pro-rata fee, less the actual service costs.
h. South Carolina Residents: If we don’t provide a refund within 45 days of cancellation, a 10% penalty per month is added.
i. Utah Residents: We may cancel within 60 days for any reason. After 60 days, cancellation reasons include non-payment, mutual agreement, misrepresentation, substantial risk change, or substantial breaches. Cancellation notice is effective no sooner than 30 days after mailing.
j. Vermont Residents: You can cancel within 20 days of receipt without receiving any service for a full refund.
k. Virginia Residents: We may cancel if coverage begins before property purchase, and the purchase doesn’t occur.
l. Wisconsin Residents: Your cancellation right is non-transferable. Administrative fees won’t exceed 10% of the gross amount paid. In case of property loss not covered by replacement, you can cancel for a pro-rata refund. We can only cancel for non-payment, misrepresentation, or substantial breach.
m. Wyoming Residents: Your cancellation right is non-transferable. If we cancel, a written notice will be sent 10 days prior, except for nonpayment, misrepresentation, or substantial breach.