Service Contract terms and conditions: 

Seller:

<your email>

Thank you for your purchase! This Protection Plan covers the repair or replacement of your Protected Equipment. Please see the enclosed Protection Plan and state variations which will provide details regarding your coverage.

Following are the details regarding the plan you have purchased:

Protection Plan #: <your cell phone number>

Protection Plan Purchase Date: <purchase date>

Protection Period: <12 or 24 months>

Protection Period Start Date: <purchase date>

Protection Period End Date: NA

Total Protection Plan Price: See the Billing section of Your account or Designated Platform.

Payment Amount / Term: See the Billing section of Your account or Designated Platform.

Wait Period for Protection Plan:  30 days from Start Date

Quantity: 1

Plan: <plan name of your selected plan>

Protected Equipment: All manufacturers and models

Claim Limit:

$2,000

Protection Plan Limit:

Coverage is limited to the purchase price of your device over the entire Protection Period.

Service Fees:

$49

Coverage(s):

Screen Breakage

Full Accidental Damage

Liquid Damage

Mechanical and Electrical

Plan and Product Specific Limitations:

Coverage is limited to (1) cell phone per plan

Designated Protection Program Application (“Designated Platform”):

AKKO Web Application (visit https://getAKKO.com and click “File Claim / Login”)

Designated Protection Program Billing Entity:

AKKO LLC

Designated Protection Program Billing Entity Contact Information:

billing@getAKKO.com

1-415-523-9233

The Obligor of this Protection Plan, or as otherwise shown in the State Specific Provisions, is Lexington National Warranty Services, LLC, located at 11426 York Road, 2nd floor, Cockeysville, Maryland 21030.

The Insurer of this plan is Lexington National Insurance Corporation, located at 11426 York Road, 2nd floor, Cockeysville, Maryland 21030.

The Administrator of this plan is AKKO, LLC, located at 95 Third Street, 2nd floor, San Francisco, California 94103.

For Service:

Visit the Designated Platform or Call: (888) 530-AKKO – (888) 530-2556

THIS PROTECTION PLAN WILL AUTOMATICALLY RENEW IN ACCORDANCE WITH THE TERMS BELOW. YOU AUTHORIZE US TO CHARGE YOUR DESIGNATED PAYMENT METHOD EACH PROTECTION PERIOD UNTIL THIS PROTECTION PLAN IS CANCELED OR NON-RENEWED.

CA RESIDENTS: THE AFFIRMATIVE CONSENT OF THE CONTRACT HOLDER TO THIS PROVISION HAS BEEN OBTAINED AT THE TIME OF SIGNING. PROOF OF THIS CONSENT IS ON FILE WITH THE ADMINISTRATOR. SHOULD YOU WISH TO CANCEL THIS CONTRACT, PLEASE SEE THE CALIFORNIA RESIDENTS’ SECTION FOR YOUR CANCELATION METHODS.

Overview. Coverage includes only the items stated as covered, excluding all others and is subject to the limitations, exclusions and provisions stated in this Protection Plan. For Your specific coverage and selections see Your Confirmation which is incorporated into this Protection Plan by reference. Please read Your Protection Plan carefully.

Definitions.

• “Designated Platform” means the designated protection program application You may be required to access and use Your account.

• “Portable Electronic Device” means any device which requires either an internal or external battery to operate.

• “Protected Equipment” means Your equipment listed on Your Confirmation, subject to the Plan’s limitations found in these terms and conditions and Your Order Confirmation, at the time of Your purchase of this Protection Plan or the equipment You have added as verified on Your account after Your purchase, if verification is required.  

• “Protected Equipment Category” means the types of Protected Equipment indicated herein that are available for coverage(s). Please see Your Order Confirmation to see if You have selected a Plan with a Protected Equipment Category.  

• “Protection Period” means the duration of this Protection Plan as identified on the Confirmation.

• “Protection Period End Date” means the date that Your Protection Period ends, as listed on the Confirmation, subject to renewal or earlier termination or cancellation pursuant to the terms of this Protection Plan.

• “Protection Plan Purchase Date” means the date You purchased this Protection Plan.

• “Protection Period Start Date” means the date that Your Protection Period begins, subject to any applicable waiting period as identified on Your Confirmation.

• “Protection Plan” means this service contract between You and Us, including the Confirmation.

• “Our,” “We,” “Us,” or “Company” means Lexington National Warranty Services, LLC, or as otherwise shown in the State Specific Provisions.

• “Purchase Receipt” means any receipt You received when purchased from a Seller.

• “Seller” means the entity You purchased this Protection Plan from, as indicated on Your Order Confirmation.

• “You,” and “Your,” mean the contract holder whose name appears on the Confirmation.

Verifying Eligibility of Your Protected Equipment. Following enrollment, You may be required to use the Designated Platform indicated in Your Confirmation to upload to Your account Your Protected Equipment’s information including, but not limited to: make, model, International Mobile Equipment Identification number, serial numbers, purchase information, as well as pictures of their items and copies of Your receipts. Review Your Confirmation and the Designated Platform to determine if You must verify eligibility for Your Protected Equipment. Coverage is limited to items fully verified in accordance with all instructions in these terms and conditions or through the Designated Platform.

Any items must have been purchased “new” by you to be eligible for Mechanical and Electrical Coverage. You may be required to provide a copy of your purchase receipt with each device you wish to have this protection when submitting a claim.

Receiving Service. To receive service or support under the Protection Plan, You agree to comply with the following:

Placing a Claim. Place Your claim by logging into Your account on the Designated Platform indicated in Your Confirmation. You may be asked to provide an explanation of the incident and provide any reasonable information required to process the claim, such as photographs, videos, receipts, police reports, proof of residence, or ID verification. Keep Your Confirmation document and the original proof of purchase for Your Protected Equipment. You may be required to provide Your Protection Plan Number, account ID, email or cell phone number associated with Your account to confirm eligibility. We may not reimburse You if You obtain Service without Our approval.  

Maintain Possession. Keep in Your possession the Protected Equipment for the duration of the claim until You have received explicit consent from Administrator’s representatives to release it to a designated facility.  

Repair and Replacement. At Our discretion, We will either: repair Your Protected Equipment using new, refurbished, or reconditioned parts or; replace Your Protected Equipment with a new, reconditioned or rebuilt product of like kind, quality and functionality; Provide reimbursement for Your repairs at an authorized repair servicer; or Provide a cash settlement reflecting the replacement cost of a newly purchased product of equal features and functionality up to the Coverage Amount. Replacement or cash settlement requires You to turn over ownership of the Protected Equipment to the Administrator’s designated third party.  

Protect Your Data. YOU ARE ALSO RESPONSIBLE IN ENSURING THAT ANY DATA RESIDING ON THE PROTECTED EQUIPMENT IS BACKED UP. AKKO MAKES NO GUARANTEES AS TO THE PROTECTION OF THE DATA ON YOUR PROTECTED EQUIPMENT. You will be responsible for reinstalling all other software programs, data, and passwords on any replacement device.

When Your Coverage Begins and Ends. Your Protection Period Start Date is specified on Your Confirmation. Your Protection Period will terminate on your Protection Period End Date on Your Confirmation.

Waiting Period Waived for Added New Devices. The Waiting Period specified in Your Confirmation can be waived for brand new devices added to Your Protection Plan. To waive the waiting period, You may be required to provide proof of purchase of the new device and any requested documents or photos verifying that the device is new and was purchased after the Plan Purchase Date.

Maximum Protection Period. After any existing warranty expires covering mechanical/electrical failures for your eligible devices, the maximum period for which You will be provided mechanical/electrical coverage for any non-phone eligible Electronic Device or TV will be the remainder of the 36-month period that began on the date of purchase of the eligible Electronic Device or TV. You may be required to provide Your proof of purchase of the Protected Equipment. 

Automatic Renewal.

Renewal Timing and Authorization. Your Protection Plan will automatically renew on Your Protection Period End Date and will continue to renew for the same amount of time as Your original Protection Period until Your Protection Plan is canceled or non-renewed. You authorize the charge of Your designated payment method the amount specified on Your Confirmation at the time of each renewal.

Payment Failure. If Your designated payment method cannot be charged for any reason, Your coverage will be suspended, and We may refuse to provide service. We have the right, but not the obligation, to accept any late payment and allow Your Protection Plan to continue from the date of late payment.

What is Covered. Your Protection Plan will provide coverage for the Protected Equipment Categories indicated on Your Order Confirmation. If no Protected Equipment Category is listed on Your Order Confirmation, You are provided coverage for all equipment which is not specifically excluded under the terms of this Protection Plan.

This Protection Plan provides the coverage specified below for Your Protected Equipment if the specific coverage is listed on Your Confirmation.  

Core Coverage.

Mechanical and Electrical Failure – breakdowns caused by mechanical or electrical failure.

Full Accidental Damage (from handling) – unintentional and accidental damage from handling during normal use.

Screen Breakage – due to accidental damage from handling.

Liquid Damage – due to accidental damage from handling.

Optional Benefits. This Protection Plan provides the optional benefits as specified on Your Confirmation.

Power Surge.

Items not Eligible as Protected Equipment. We do not cover furniture, automobile, motorcycle, boat, motor, aircraft or aircraft parts (including drones) or any type of motorized vehicle or other conveyances or their accessories (including car stereos, GPS navigation devices, keyless entry), money in currency or coin, evidences of debt, letters of credit, passport documents, notes, securities, transportation tickets or any other tickets, pharmaceuticals, prescription or over- the- counter, artwork, professional or amateur, antiques or collectables, animals, firearms or ammunition, salesman samples, contact lenses, keys, artificial teeth or limbs, or merchandise for sale, forms of identification, including student ID’s and driver’s licenses.

Appliances: only counter-top appliances such as blenders, coffee makers, toasters, or microwaves are protected. Appliances which are wall mounted or integrated into cabinetry or have any types of utility hookups such as gas or water are not covered.

Coverage is Secondary. This Protection Plan does not apply to damage that is covered by the original manufacturer or other limited warranty.

What’s Not Covered. This Protection Plan does not apply to:

• Damage caused by (i) a product that is not the Protected Equipment, (ii) abuse, misuse, fire, earthquake, a natural disaster, or other external cause, (iii) operating the Protected Equipment outside the permitted or intended uses described by the manufacturer, (iv) any of the following: corrosion & rust, cosmetic damage, dishonest acts, intentional acts, nuclear hazard, theft, unexplained loss or mysterious disappearance of Protected Equipment, war-government seizure or general wear and tear, (v) Protected Equipment used in a commercial setting (unless stated otherwise in Your Confirmation), (vi) Protected Equipment which is primarily used outside, or (vii) damage which occurs while the Protected Equipment is not within Your possession.

• Protected Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer;

• Cosmetic damage to the Protected Equipment including, but not limited to scratches, dents and broken plastic on ports;

• Preventative maintenance on the Protected Equipment;

• Failure of equipment withdrawn or recalled from the market or caused by a known or suspected defect, deficiency, inadequacy, or dangerous condition in it; or

• Defects caused by normal wear and tear or otherwise due to normal aging of the product such as battery degradation, worn out touchscreens, and other related items.

•  

Payment

Upon Your enrollment into Your Protection Plan or upon renewal, You will select Your Payment method. You may contact the Designated Billing Entity at any time to change Your Payment method.

You agree to make all required Payments under Your Protection Plan as stated on Your Confirmation.

You may receive a receipt or monthly delivered bill. Refer to all billing-related information in your account settings.

Limits. Please see Your Confirmation for the specific coverage limitations applicable to Your Protection Plan. At no time shall any reimbursement made by Us exceed the purchase price of the Protected Equipment. 

Plan Changes. We will provide You with written notification of any material changes to this Protection Plan or prices sixty (60) days in advance of the implementation of such changes. You may not receive a notice when the changes are favorable to You or when changes are mandated by a regulatory agency. After notice of a material change, You may terminate this Protection Plan by providing written notice within the 60-day period prior to the effective date of the change. If You do not respond prior to the expiration of the 60-day period, You will be deemed to have accepted the change. We may also implement changes to Your Protection Plan terms or pricing at Your renewal date. We may post the amended Protection Plan terms and prices on our website or in the Designated Platform. Accordingly, You may check the Designated Platform regularly for any updates to this Protection Plan. Except as provided in this Section, no amendment to these Protection Plan Terms will be valid.

Cancellation. You may cancel this Protection Plan at any time for any reason. To cancel, You may contact the Administrator or Administrator’s designated third party, or contact the person who purchased Your Protection Plan for You. To cancel, You must provide Your Protection Plan Number. You may also cancel Your Plan by logging into the Designated Platform and referencing the cancellation instructions on Your Account Settings page. Cancellation refunds will be managed as follows:

If You cancel within thirty (30) days of Your Protection Plan Purchase Date, or receipt of this Protection Plan, whichever occurs later, You will receive a full refund less the value of any service provided under the Protection Plan.

Annual Plans. If You request to cancel this Plan within 30 days from the Protection Plan Purchase Date after making a claim or after 30 days from the Protection Plan Purchase Date, You will receive a pro-rata refund of the Plan Price based on the elapsed Term, less the costs of any Services or claims made. 

Monthly Plans. If You cancel after thirty (30) days from the Protection Plan Purchase Date, coverage will terminate at the end of Your then current monthly Term.

Unless applicable local law provides otherwise, We may cancel this Protection Plan for fraud, material misrepresentation, or by failure to pay Protection Plan fees by You.

Upon the effective date of Your cancellation, Our future obligations under this Protection Plan to You are fully extinguished.

Type of Protection.  The protection afforded by Your Protection Plan does not serve as any form of primary protection, coverage, or insurance when You have protection or insurance coverage applicable to the Breakdown protected herein. In such circumstances, the amount of Our liability under Your Protection Plan may be reduced by the amount of such other coverage. The amount You may be reimbursed under Your Protection Plan or any other policies providing coverage should not exceed the total loss by You. For any of Your Protected Equipment that already has an active warranty, any claims are required to be submitted first through your existing/included warranty. In the event of payment under an existing warranty, We shall be subrogated to all of Your rights of recovery. You shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable Us to effectively bring suit to enforce such rights.

Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA ), OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PROTECTION PLAN, EVEN IF SUCH LOSSES WERE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.      

Important. THIS IS NOT A CONTRACT OF INSURANCE. OUR OBLIGATIONS UNDER THIS SERVICE CONTRACT ARE GUARANTEED UNDER A SERVICE CONTRACT REIMBURSEMENT INSURANCE POLICY. 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 THE INSURANCE COMPANY.

Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE IN DISCOVERY; AND (4) APPEAL RIGHTS WILL BE LIMITED. If a dispute arises between You and us, our goal is to provide You with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, You and the Company agree that You and we will resolve any claim or controversy at law or equity that arises out of these Terms, the Website, or our products or services (a “Claim”) via binding arbitration. The arbitration shall be administered by the San Francisco, California offices of JAMS and the arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS (“JAMS Rules”) that are in effect at the time the arbitration is initiated. The JAMS Rules can be accessed at http://www.jamsadr.com/rules-streamlined-arbitration/. In the event of a conflict between the terms set forth in this Section of the Agreement and the JAMS Rules, the terms in this Section of the Agreement will control. The arbitrator must apply the same law and legal principles, consistent with the Federal Arbitration Act, which would apply in court, but may use different procedural rules.   If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted exclusively in the state and federal courts located in San Francisco County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and inconvenient forum with respect to venue and jurisdiction in such state and federal courts. YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY OTHER USER OR PERSON NOT ON YOUR ACCOUNT. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, Your notice must be mailed to AKKO, 95 Third Street, 2nd Floor, San Francisco, CA 94103.

Privacy. It is Our policy to respect the privacy of Our customers. For information on Our privacy practices, please review Our privacy policy at https://akko.link/privacy-policy. You may also be subject to any applicable privacy policies of the Designated Billing Entity.

General.

Entire Agreement. This Protection Plan and any documents, policies or operating rules posted by Us within the Designated Platform[, or Designated Protection Program Information Webpage] or provided to You constitute the entire agreement and understanding between You and Us regarding the Protection Plan with respect to the services and benefits provided to You under Your Protection Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. No party, except Us, in accordance with the terms of this Protection Plan, has authority (apparent, express, implied, or otherwise) to alter or modify this Protection Plan either orally or in writing.

Transfer and Assignment. You may not transfer or assign this Protection Plan to any other person. We may assign this Protection Plan, in whole or in part, without Your consent, to the fullest extent allowed by law. You understand and agree that, in the event of such an assignment, We will have no further obligation to You.

State-By-State Variations.

Alabama Residents: You may cancel this Protection Plan within twenty (20) days of the receipt of these terms and conditions, and if no claim has been made during this period, the Protection Plan is void and We shall refund to You the full purchase price of the Protection Plan. Any refund due to You will be credited to any outstanding balance of Your account, and the excess, if any, shall be refunded to You. A 10% penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after You cancel the Protection Plan. If You cancel this Protection Plan after twenty (20) days of receipt of this Protection Plan, We shall refund to You the unearned portion of the full purchase price of the Protection Plan including the unearned portion of any premium paid for any applicable insurance policy. Any refund due to You will be credited to any outstanding balance of Your account, and the excess, if any shall be refunded to You.

Arizona Residents: If Your written notice of cancellation is received prior to the expiration date of the Protection Plan, the administrator of the Protection Plan shall refund the remaining pro-rata price, regardless of prior services rendered under the Protection Plan. The pre-existing condition exclusion does not apply to conditions occurring prior to the sale of the consumer product by the retailer, its assignees, subcontractors and/or representatives. The Arbitration Agreement of this Protection Plan does not preclude you from contacting the Consumer Protection Division of the Arizona Department of Insurance. We will deny coverage for the reasons set forth in these terms and conditions only if these situations occurred while You own the Protected Equipment. Obligations under this Protection Plan are insured by an insurance policy issued by Lexington National Insurance Corporation.

California Residents: Section 12(b) is deleted and Section 12(a) is amended as follows:

Cancellation of a Monthly-Paid Protection Plan. For all products other than home appliances and home electronic products, if a Monthly-Paid Protection Plan is canceled: (a) within sixty (60) days of the receipt of these Terms, You shall receive a full refund of the price paid for the Protection Plan provided no service has been performed, or (b) after sixty (60) days, You will receive a pro rata refund, less the cost of any service received. For home appliances and home electronics products, if a Monthly-Paid Protection Plan is canceled: (a) within thirty (30) days of the receipt of these Terms, You shall receive a full refund of the price paid for the Protection Plan provided no service has been performed, or (b) after thirty (30) days, You will receive a pro rata refund, less the cost of any service received.

If the refund is not paid or credited to Your account within thirty (30) days after we receive written notice of cancellation, the amount of the required refund or credit shall bear interest, payable to You, at the rate of 10 percent per annum for each additional 30 days or fraction thereof. In addition to other cancellation methods set forth in this Protection Plan, You may cancel this Protection Plan at any time by emailing cancel@getAKKO.com, calling (888) 530-2556, mailing 95 Third Street, 2nd floor, San Francisco, California 94103, or using the AKKO Mobile App.

In-home services are not provided under this Protection Plan. You are responsible for transportation costs of Your Protected Equipment to obtain service.

Connecticut Residents: In-home services are not available. If Your Protection Period End Date occurs while Your Protected Equipment is being repaired, Your coverage will extend until the repair is completed. Obligations under this Protection Plan are insured by an insurance policy issued by Lexington National Insurance Corporation. If we fail to pay or provide service on a claim within 60 days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245.Resolution of Disputes: If we are unable to resolve any disputes with You regarding this Protection Plan, You may file a written complaint to the: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs.

Florida Residents: The obligor for contracts sold to Florida residents is Lexington National Insurance Corporation, located at 11426 York Road, 2nd floor, Cockeysville, Maryland 21030. The Protection Plan shall be canceled by Us for fraud or material misrepresentation. Unauthorized repair or replacement of covered equipment shall result in the cancellation of the Protection Plan by us. In the event of cancellation by Us, written notice of cancellation shall be mailed to You not less than sixty (60) days before cancellation is effective. If we cancel the Protection Plan, the return premium is based upon 100% of the unearned pro rata premium. The rate which is charged for this Protection Plan is not subject to regulation by the Florida Office of Insurance Regulation.

Georgia Residents: This Protection Plan shall be non-cancelable by Us except for fraud, material misrepresentation, or failure to pay consideration due therefore. The cancellation shall be in writing and shall conform to the requirements of Georgia Code 33-24-44 and 33-7-6. You may cancel this Protection Plan: (a) within thirty (30) days after its purchase if no service has been provided and receive a full refund of the Protection Plan price, less any claims paid. If You cancel after thirty (30) days, You will be refunded the unearned premium, less any claims paid and any applicable cancellation fee which will not exceed the lesser of ten percent (10%) of the unearned Protection Plan price. A 10% penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after You cancel the Protection Plan. If We cancel this Protection Plan after thirty (30) days, We will issue You a 100% refund of the unearned amount paid, less any claims paid. This Protection Plan excludes coverage for incidental and consequential damages only to the extent such damages are known to You or reasonably should have been known to You. Obligations under this Protection Plan are insured by an insurance policy issued by Lexington National Insurance Corporation. If we fail to pay or provide service on a claim within 60 days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030 or call the toll-free number at 888-888-2245. Nothing contained in the arbitration provision shall affect your right to file a direct claim under the terms of this Plan against Lexington National Insurance Corporation pursuant to O.C.G.A. 33-7-6.

Hawaii Residents: Any refund not made within forty-five (45) days shall include a ten percent (10%) per month penalty. This Protection Plan does not cover consequential damages. In the event we cancel this Protection Plan, we shall provide five (5) days prior notice of such cancellation which notice shall include the effective date of cancellation.

Illinois Residents: You may cancel this Protection Plan: (a) within thirty (30) days after its purchase if no service has been provided and receive a full refund of the Protection Plan price, less a cancellation fee not to exceed the lesser of ten percent (10%) of the Protection Plan price or fifty dollars ($50.00); or (b) at any other time and receive a pro rata refund of the Protection Plan price for the unexpired term of the Protection Plan, based on the number of elapsed months less the value of any service received, and the cancellation fee not to exceed the lesser of (10%) of the Protection Plan price or fifty dollars ($50.00).

Indiana Residents: If we fail to pay or provide service on a claim within 60 days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245.

Kentucky Residents: If we fail to pay or provide service on a claim within 60 days after it has been filed with us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245.

Michigan Residents: If performance of the service contract is interrupted because of a strike or work stoppage at Our place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.

Minnesota Residents: The following is added to the ARBITRATION provision: Any arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Federal Warranty Service Corporation.

Nevada Residents: Preexisting conditions are not covered by this Protection Plan. You are entitled to a “Free Look” period for this Protection Plan. If You decide to cancel this Protection Plan within thirty (30) days of purchase and You have not made a claim under this Protection Plan, You are entitled to a one hundred percent (100%) refund of any fees paid. If You cancel this Protection Plan after thirty (30) days from purchase, You will receive a pro rata refund based on the days remaining, less a cancellation fee of twenty- five dollars ($25.00) or ten percent (10%) of the Protection Plan fee, whichever is less. If We fail to pay the cancellation refund within 45 days of Your written request We will pay You a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. If this Protection Plan is canceled by Us, no cancellation may become effective until at least 15 days after the notice of cancellation is mailed to You. We can cancel this Protection Plan due to unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Protection Plan, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Protection Plan was issued or last renewed. If the contract has been in effect for seventy (70) days or more, We can only cancel this Protection Plan due to (1) unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Protection Plan, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Protection Plan was issued or last renewed; (2) Discovery of fraud or material misrepresentation by the holder in obtaining the service contract, or in presenting a claim for service; (3) An act or omission by You or a violation by You of any condition of the service contract, which occurred after the effective date of the service contract and which substantially and materially increases the service required under the service contract; (4) You fail to pay any amount due; or (5) You are convicted of a crime which results in an increase in the service required under the service contract. If we cancel this Protection Plan no cancellation fee will be imposed and no deduction for claims paid will be applied. If Your covered failure results in a loss of heating, cooling, or electrical power to Your air conditioner or refrigerator/freezer, repairs on Your Protected Equipment will commence within 24 hours after You report Your claim. If these repairs cannot be completed within three (3) calendar days, We will send You a report indicating the status of these repairs. The status report will also be sent to the Commissioner by electronic mail at pcinsinfo@doi.nv.gov. If You are paying for Your Protection Plan on a monthly basis We may not deny service to You for non-payment of the monthly fee, however, upon fifteen (15) days’ notice of such non-payment, Your Protection Plan will be canceled. If You are not satisfied with the manner in which We are handling Your claim, You may contact the Commissioner of the Division of Insurance at 1-888-872-3234. For contracts issued in Nevada to Nevada residents, only Nevada law will govern the substantive portions of this Protection Plan. Section 11 of this Protection Plan is modified to read as follows: We may implement changes to Your Protection Plan terms or pricing at Your renewal date. We will post the amended Protection Plan terms and prices on AKKO’s website. Accordingly, You should check this page regularly for any updates to this Protection Plan. Except as provided in this Section, no amendment to these Protection Plan Terms will be valid.

New Hampshire Residents: In the event you do not receive satisfaction under this Plan, you may contact the State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301, telephone number: 1-603-271-2261. The arbitration agreement provision of this Plan is subject to Revised Statutes Annotated 542.

New Jersey Residents: You may cancel this Protection Plan within twenty (20) days of the date the Protection Plan was sent to You or within ten (10) days of Your receipt of the Protection Plan, or within a longer time period if permitted within this Protection Plan, and if no claim has been made during this period, the Protection Plan shall be void and we shall provide You with the full purchase price or amount paid for the Protection Plan by refund or credit to Your account. A ten percent (10%) penalty per month, based upon the purchase price of this Protection Plan, will be added to a refund that is not made within forty-five (45) days of cancellation of the Protection Plan.

New Mexico Residents: This Protection Plan is insured by Lexington National Insurance Corporation. If the Obligor fails to pay You or otherwise provide You with the covered service within 60 days of Your submission of a valid claim, You may submit Your claim to Lexington National Insurance Corporation at 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245.

North Carolina Residents: The purchase of this Protection Plan is not required either to purchase or to obtain financing for a home appliance.

New York Residents: You may return this Protection Plan within at least twenty (20) days of the date of mailing of the Protection Plan or within at least ten (10) days if the Protection Plan is delivered to You at the time of sale or within a longer time period if permitted within this Protection Plan, and if no claim has been made during this period, the Protection Plan shall be void and We shall refund to You the full purchase price of the Protection Plan. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Protection Plan to Us. This return and penalty provision shall only apply to the original purchaser of the Protection Plan.

Ohio Residents: The obligations under this Protection Plan are insured by a policy of insurance issued by Lexington National Insurance Corporation, 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, 888-888-2245.If We fail to perform or make payment due under the terms of the Protection Plan within 60 days after You request performance or payment, You may apply to Lexington National Insurance Corporation including, but not limited to, any obligation in the Protection Plan in which We must refund You upon cancellation of the Protection Plan.

Oklahoma Residents: In the event the contract is canceled by Us, You will be provided a one hundred percent (100%) refund of unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract. The coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. This is not an insurance contract, however, obligations under this Protection Plan are insured by an insurance policy issued by Lexington National Insurance Corporation, 11426 York Road, 2nd floor, Cockeysville, Maryland 21030. The Obligor’s license number is: 510485852.

Oregon Residents: The Arbitration Agreement provision of this Plan is replaced with the following: “For the purpose of this Arbitration Agreement, references to “we” and “us” also include the respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns of the Protection Plan Obligor and administrator, as defined above. Most of your concerns about the Protection Plan can be addressed simply by contacting us at 888-888-2245. In the event we cannot resolve any dispute, you and we may, in a separate agreement, consent to arbitration. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER SIMILAR PROCEEDING. Any arbitration proceedings shall be conducted within the state of Oregon.”

South Carolina Residents: You may address any unresolved complaints or Protection Plan regulation questions to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, Tel:1- 800-768-3467.

Texas Residents: You are entitled to a “Free Look” period for this Protection Plan. If You decide to cancel this Protection Plan within thirty (30) days of purchase and You have not made a claim under this Protection Plan, You are entitled to a one hundred percent (100%) refund of any fees paid. If You cancel this Protection Plan after thirty (30) days from purchase, You will receive a pro rata refund based on the days remaining, less any claims paid and a cancellation fee of twenty-five dollars ($25.00) or ten percent (10%) of the Protection Plan fee, whichever is less. If You purchased this Protection Plan in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Protection Plan provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (800) 803-9202.

Utah Residents: Obligations under this Protection Plan are insured by an insurance policy issued by Lexington National Insurance Corporation. If We fail to pay or provide service on a claim within 60 days after it has been filed with Us, the written claim can be submitted to Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245. This Protection Plan or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Protection Plan is not guaranteed by the Property and Casualty Guaranty Association. We can cancel this Protection Plan during the first sixty (60) days, by mailing to You a notice of cancellation at least ten (10) days prior to the effective date of cancellation except that We can also cancel this Protection Plan during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Protection Plan by mailing a cancellation notice to You at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) material misrepresentation; (b) substantial change in the risk assumed, unless You should reasonably have foreseen the change or contemplated the risk when entering into the Protection Plan; or (c) substantial breach of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Contract number; (2) the date of notice; (3) the effective date of cancellation; and (4) a detailed explanation of the reason for cancellation. If Your covered failure results in a loss of heating, cooling, or electrical power to Your air conditioner or refrigerator/freezer, repairs on Your Protected Equipment will commence within twenty-four (24) hours after You report Your claim by calling the number above. For any Protected Equipment failure which is not reported prior to the expiration of this Protection Plan will be considered if You can provide valid reason (examples; hospitalized, incapacitated, etc.) for delay of notice.

Vermont Residents: If no claim has been made under this Protection Plan, You may return the Protection Plan within twenty (20) days of the date of receipt and receive a full refund of the purchase price of this Protection Plan.

Virginia Residents: 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 Residents: This right to void the Protection Plan is not transferable and applies only to the original Protection Plan Purchaser. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Protection Plan to Us. If We cancel this Protection Plan for any reason, We must mail You written notice of such cancellation at least twenty-one (21) days prior to the effective date of such cancellation and state the true and actual reason for the cancellation.

Wisconsin Residents: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. The obligations under this Protection Plan are insured by a policy of insurance issued by Lexington National Insurance Corporation. If We fail to pay or provide service on a claim within 60 days after a claim has been filed with Us or if We become insolvent or otherwise financially impaired, the written claim can be submitted to Lexington National Insurance Corporation at the following address: 11426 York Road, 2nd floor, Cockeysville, Maryland 21030, or call the toll-free number at 888-888-2245.

(a) A service contract may be canceled by a provider only for nonpayment of the provider fee, material misrepresentation by the contract holder to the provider or administrator, or substantial breach of duties by the service contract holder relating to the Protected Equipment or its use. The provider shall mail a written notice to the service contract holder at the last-known address of the service contract holder contained in the records of the provider at least 5 days prior to cancellation by the provider.

(b) The notice under paragraph (a) shall state the effective date of the cancellation and the reason for the cancellation.

(c) If a service contract is canceled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the service contract holder 100 percent of the unearned pro rata provider fee, less any claims paid.

(d) The provider may charge a reasonable administrative fee for the cancellation which may not exceed 10% of the provider fee. You may, within twenty (20) calendar days of the delivery of this Protection Plan, reject and return this Protection Plan for a full refund, less any claims paid, if applicable. The right to void this service contract is not transferable and shall apply only to the original service contract purchase. After twenty (20) days, if You cancel this contract, You will be refunded the remaining days of coverage on a monthly prorated basis, less claims or service performed. If We fail to credit a refund within forty-five (45) days after return of the service contract, a ten percent (10%) penalty per month applies to any refund not paid or credited. We will not deny Your claim solely because You did not obtain preauthorization if we are not prejudiced by Your failure to notify us. In the event of a total loss of property, You can cancel this contract and receive a pro rata refund, less any claims paid.

Wyoming Residents: This Protection Plan will be considered void and We will refund You the full purchase price of the Protection Plan or credit Your account if You have not made a claim under this Protection Plan and You have returned the Protection Plan to us (a) within 20 days after the date we have mailed the Protection Plan to You, (b) within 10 days after You have received the Protection Plan if the Protection Plan was furnished to You at the time the Protection Plan was purchased, or (c) within a longer time period if specified in the Protection Plan. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Protection Plan to Us. The right to void the Protection Plan provided in this subsection applies only to the original Protection Plan purchaser and is not transferable. If We cancel this Protection Plan for reasons other than nonpayment, a material misrepresentation made by You to Us or because of a substantial breach of duties by You relating to the product or its use, we will mail a written notice to You at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation.