Terms & Conditions

General Website User and Attendee Terms & Conditions

www.totalhomeprotection.com


 

GENERAL WEBSITE USER AND ATTENDEE TERMS & CONDITIONS
Last Updated: May 18, 2020

PLEASE CAREFULLY REVIEW THE BELOW.  THESE TERMS AND CONDITIONS LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR THP WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.  THESE TERMS AND CONDITIONS ALSO GOVERN THE RIGHTS OF THP AND ITS AGENTS AND EMPLOYEES TO CALL, TEXT MESSAGE, AND EMAIL ON BEHALF OF THP AND THP’S ADVERTISERS (See Section 2). 

Welcome to www.totalhomeprotection.com (the “Website”), operated Total Home Protection, a Pennsylvania limited liability company, (“THP”, “we”, “our”, or “us”). The terms “you”, “your” and “yours” when used herein refers to either you of this website, as applicable from the context of the sentence, and in the case of doubt refers to both Attendees and You. This Agreement sets forth the terms and conditions which govern your use of the Website and your attendance at each Event. 

1. THIS AGREEMENT.

1.1 Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to the provisions of this Agreement. By accessing any web page of the Website (other than this Agreement), You indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement. By signing up for any service offered, you represent and warrant that you are at least eighteen (18) years of age and not a minor in your state of residence, and that, if you are executing this Agreement on behalf of an entity or any other person, you have been duly authorized to so act by such entity or such person. Please keep in mind that you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with THP, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or otherwise from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. If we ask Attendees to indicate their acknowledgement of this Agreement and their adherence to its provisions more than one time and in more than one manner, such repeated request and/or multiple execution of this Agreement is intended for the sake of good practice only and in no way derogates from the validity of any prior acknowledgement or execution.

1.2 Modification. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of all such modifications. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement. You agree that your continued use of the Website after a modified version of this Agreement has been posted to the Website shall be deemed to be your conclusive acceptance of any modified version of this Agreement. If you do not agree to abide by the initial version and each modified version of this Agreement, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.


2.  SMS Text Messages; Robo Calls; Email Blasts; Other Contacts. By entering my information and clicking “GET YOUR FREE QUOTE,” “CHECKOUT,” “ENOLL NOW,” “SUBMIT,” "PROCEED," or "NEXT", or other similar language, you provide your electronic signature: (1) providing your prior express written consent to be contacted by Total Home Protection in order to receive price quotes. You understand that included in my consent is my agreement that I may be contacted via email or at the telephone number provided, including my wireless number, using automated technologies, including texts and prerecorded messages, even if it is registered on a federal, state, or corporate Do Not Call list. You understand that consent is not a condition of purchase or receipt of services. If your area is not covered, you agree that your information may be referred to an alternate provider.  You also agree to THP’s Privacy Policy.

2.1  Opt Out. Being removed or opting out from any of the marketing lists for Total Home Protrection,  including, but not limited to,  pre-recorded messages, SMS, emails or any form of communication from Total Home Protection may take up to seven (7) business days to go into effect from the date of the request.


3. COMMERCIAL TRANSACTIONS.

3.1 Purchases. Certain of our products or services may be offered for sale by us through the Website, by phone by our representatives, or otherwise by us. In the event you wish to purchase any of these products or services, you will be asked by THP or an authorized third party on THP’s behalf to supply certain of your personally identifiable information (“PII”), including without limitation, your full name, address, telephone number and credit card information. You shall provide THP and/or such third party with your accurate, complete and current PII and other information at all times, and you shall comply with the terms and conditions of any additional agreement that you may enter into which governs your purchase of any such product or service. You shall be responsible for all charges incurred through your Account, or otherwise made by you or on your behalf. 

3.2 Payment. Your right to use any service or product that is available for purchase through the Website, by phone, or otherwise, is contingent upon your payment in full of the applicable fees indicated for such purchase (collectively, the “Fees”). Each applicable portion of the Fees must be paid in full at the time of purchase or otherwise as directed in writing by THP. You may pay any portion of the Fees by Visa, MasterCard, Discover or American Express credit card.

3.3 Taxes. You shall be responsible for obtaining all licenses, permits and approvals under local, state or federal law which are applicable to your purchase of any products and/or services from THP or any person acting on behalf of THP, and for obtaining all tax identification numbers and paying all taxes, license fees and other charges that become due to any governmental authority or any other person in connection with or related to any such products and/or services.


4. INTELLECTUAL PROPERTY.

4.1 Proprietary Rights. The Website contains various Content which is protected by the copyright, trademark and other laws of the United States and/or other jurisdictions. As between you and THP (a) all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website (including without limitation all Content appearing on the Website) is owned exclusively by THP, and (b) you have no rights in and to the Website other than for (as between you and us) the limited usage rights expressly described in this Agreement. Except for that information which is in the public domain or for which you have been given express written permission by THP, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of THP and, where applicable, our licensors, except for as provided in Section 8 hereof.

4.2 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon THP actual knowledge of facts or circumstances from which infringing material or acts are evident. THP’s copyright agent for notice of claims of copyright infringement can be reached as follows:


Name: THP Copyright Agent
Address: 300 McGaw Drive, 2nd Floor, Edison, NJ 08837
Telephone: 800-545-0402
Fax: 866-383-4947
Email: admin@totalhomeprotection.com 


We suggest that you consult your legal advisor before filing a notice with THP’s copyright agent. You should note that there can be penalties for false claims under the DMCA. THP will, in appropriate circumstances and to the extent plausible, terminate the Account of an Attendee who infringes the rights of copyright holders.

4.3 Trademarks. All Trademarks appearing on the Website are the property of their respective owners. THP is not affiliated with, or sponsored or endorsed by, any third party trademark owner whose Trademark appears on the Website (unless the opposite is expressly indicated), and THP does not sponsor or endorse the owner of any such Trademark. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings and trade dress appearing on the Website and/or at an Event which indicate a source of any products or services. Trademarks are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation by means of the distribution of Content, without our prior written consent or the consent of a third party Trademark holder, as applicable. In no event may any of the Trademarks be used in any manner that is likely to cause confusion or which causes confusion, or in any manner that disparages or discredits THP and/or any Event.


5. REPRESENTATIONS, WARRANTIES AND COVENANTS. Further to any other representation or warranty made by you in this Agreement, you additionally represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement and into any additional applicable agreements with THP, on your behalf or on behalf of your employer (if applicable), (b) you have read this Agreement and you shall strictly comply with all of its provisions and with all additional applicable agreements, terms and conditions posted to the Website or otherwise communicated to you by THP over the phone, by email, at an Event, or otherwise, (c) you have carefully reviewed the Privacy Policy (as hereinafter defined) and to our information collection, use, storage and transfer protocols described in such document, (d) you will not use any Content other than as expressly permitted in this Agreement, (f) you grant us the right to use your name, image or likeness in connection with our filming of any Event, (g) you have the full right to grant all rights being granted to THP by you under this Agreement, and (i) this Agreement is enforceable against you in accordance with its provisions.


6. LICENSE. You agree not to use, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, retransmit, sell, publish, broadcast, circulate, display or in any way exploit any Content (including without limitation any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use, and in a manner which does not disparage THP. However, you may print copies of materials on the Website for your personal, non-commercial use only, provided that you (i) keep intact all copyright, Trademark, and other proprietary notices appearing therein, and(ii) use such materials only in the manner permitted by this Agreement.


7. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN THE FOLLOWING SECTIONS:


8.1 YOUR SOLE RISK. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND EACH EVENT IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE THP PARTIES ASSUMES ANY RESPONSIBILITY (OR SHALL BE LIABLE OR OTHERWISE RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT OR FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS, PRODUCTS OR SERVICES, AND NONE OF THE THP PARTIES MAKES ANY PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN CONNECTION WITH THE WEBSITE OR ANY EVENT. 

8.2  NO RELIANCE ON INFORMATION OR INTERACTIONS.  WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION OBTAINED FROM THP OR ANY THIRD PARTY THROUGH THE WEBSITE, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT YOUR USE OF THE WEBSITE OR OTHERWISE YOUR RELIANCE ON OR OTHER USE OF ANY SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR OTHERWISE BE SUCCESSFUL, (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) SUCH INFORMATION WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, (D) DEFECTS IN THE OPERATION OF THE FUNCTIONALITY OF ANY PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, (E) DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US WILL BE ACCURATE OR CORRECT, AND (F) ANY THP PARTY IS IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM YOUR USE OF THE WEBSITE. 

8.3  YOUR SOLE LIABILITY; RELEASE. NONE OF THE THP PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE. SPECIFICALLY, EACH OF THE THP PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. AS BETWEEN YOU AND THE THP PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE THP PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT.


9. LIMITATION OF LIABILITY.

9.1 LIMITED LIABILITY AND DAMAGES. IN NO EVENT SHALL ANY OF THE THP PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, OR ANY PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE, WHETHER OR NOT THP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 CAP ON LIABILITY. IN NO EVENT SHALL THE THP PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).

9.3 EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE THP PARTIES IN THIS SECTION 9 SHALL APPLY WHETHER OR NOT ANY OF THE THP PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LIABILITY, LOSSES OR DAMAGES ARISING IN CONNECTION WITH OR RELATED TO THE WEBSITE AND/OR ANY EVENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 10 ABOVE OR IN THIS SECTION 11 MAY NOT APPLY TO YOU.


10. INDEMNITY. Notwithstanding anything to the contrary in this Agreement, you hereby agree to indemnify, defend and hold each of the THP Parties harmless from and against any and all claims, demands, actions, losses, expenses, damages (actual and consequential, direct and indirect) and liabilities of every kind and nature, and all related costs and expenses thereof (including without limitation reasonable attorneys’ fees and disbursements), arising out or related to (a) any breach by you (or any person acting on your behalf) of any representation, warranty or covenant made by you (or obligation undertaken by you) in this Agreement or in any further agreement executed by you with THP (if applicable), (b) any act or omission by you (or any person acting on your behalf), (c) your use of the Website, (d) your negligence or misconduct, or (e) your violation of any law, regulation or rule. If your indemnification obligations under this Section are invoked by any THP Party, such THP Party shall endeavor to reasonably cooperate with you and shall at all times have the right fully to participate in such THP Party’s defense with such THP Party’s own counsel at its own expense. You shall not enter into any settlement which imposes any liability or obligation on any of the THP Parties or which contains any admission or acknowledgment of wrongdoing (whether in tort or otherwise) without each such THP Party’s prior written consent.


11. THIRD PARTIES. Your participation, correspondence or business dealings with any third party found on or through the Website, in general or specifically regarding payment and delivery of any specific goods and/or services, and any other terms, conditions, representations or warranties associated with any such dealings, are solely between you and such third party. You agree that none of the THP Parties shall be liable or otherwise responsible for any loss, damage, or other matters of any sort incurred as the result of or related to any such dealings.


12. NO AGENCY. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and THP by this Agreement or otherwise.


13. PRIVACY. THP views the protection of your privacy as an important responsibility. The terms regulating the handling of your PII and other information submitted by you in connection with the Website or any Event is described in our Privacy Policy, which can be found https://www.totalhomeprotection.com/privacy-policy (the “Privacy Policy”). By using the Website or otherwise by submitting your PII or other information to us, you consent to the collection and use of your PII and other information by us as described in the Privacy Policy.


14. NOTICES. All notices hereunder shall be provided by certified mail, postage prepaid and return receipt requested, to: 300 McGaw Drive, 2nd Floor, Edison, NJ 08837. Notice shall be deemed given three (3) days after the date of the mailing or upon receipt by email.


15. GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.

15.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, excluding New Jersey’s choice-of-law principles, and all claims arising out of or relating to your use of the Website, contacts between you and us (including telephone calls and text messages), this Agreement and/or any other understanding or arrangement between you and THP or any of the other THP Parties, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New Jersey, excluding New York’s choice-of-law principles.

15.2 Arbitration; Legal Fees; No Jury Trial; No Class Actions; No Cross Claims. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, this Agreement, and/or any other understanding or arrangement between you and THP or any of the other THP Parties, including without limitation regarding any breach of this Agreement, any contacts between you and THP (including, but not limited to, emails, telephone calls, and text message correspondence between us and you, including but not limited to, claims under the Telephone Consumer Protection Act), or any other such other understanding or arrangement, shall be finally resolved by binding arbitration administered by a private professional arbitrator and rules reasonably determined by the parties in writing, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.  You and THP are expressly waiving any rights to a jury trial. The arbitration will be conducted in the State of New Jersey, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and THP, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and THP and any decision rendered shall be deemed to be the confidential information of THP and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or THP may apply to any federal or state court sitting in the County and State of New Jersey for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and THP each submits to the exclusive jurisdiction of such courts for such purpose.  You and THP waive any right to assert any claims against the other party as a representative or member in any class or representative action. You agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $1500 per claim, but in no event attorneys' fees. You also agree that THP is not liable for consequential, incidental, indirect, secondary or punitive damages as you are waiving your rights to all such damages. You and THP each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum. 

15.3 Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate THP’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that THP shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which THP in its sole discretion believes will cause damage to any of the THP Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of THP in connection with this Section shall be in addition to, and not in limitation of, any other remedies to which THP may be entitled under this Agreement or otherwise at law or in equity. If THP prevails in any such proceeding, THP shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section 15.3, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in the County and State of New Jersey for THP’s pursuit of such relief, without breach of the above arbitration provision, and you and THP submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.


16. TIMELY FILING OF CLAIMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, OR ANY CONTACTS BETWEEN THP AND YOU (INCLUDING, BUT NOT LIMITED TO, TEXT MESSAGES, CALLS, OR EMAILS) OR OTHERWISE THIS AGREEMENT, MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.


17. ASSIGNMENT. You shall not sell, assign or otherwise transfer any of your rights or obligations under this Agreement, without THP’s prior written consent (to be provided or denied in our sole discretion). This Agreement may be automatically assigned by THP, in our sole discretion, to a third party, and such an assignment shall inure to the benefit of such third party or otherwise to our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, or any company under our common control, as well as with a potential acquirer, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets so transferred.


18. VALIDITY; WAIVER. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law as it shall then appear. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If THP does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which THP has the benefit of exercising or enforcing under any applicable law), such non-exercise or non-enforcement shall not be taken to be a formal waiver of THP’s rights or remedies, and all such rights or remedies shall still be available to THP.


19. GENERAL. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any such section. This Agreement and any additional applicable agreement between you and us sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of you and us.


20. CONTACT US. If you have any questions or concerns regarding the Website, please contact us by e-mail: admin@totalhomeprotection.com. 


 

 Service Agreement

 

This Service Agreement, hereinafter referred to as the “Agreement” or “service contract”, is issued by the entity listed for your state on the Coverage Summary page. Such entity is hereinafter referred to as “THP”, “we”, “us”, and/or “our”, or “provider”. The owner of the property covered by this Agreement is hereinafter referred to as “you” and/or “your”, or “contract holder”. THP offers home service contracts, which are not warranties. Terms may vary in different states. THP reserves the right to revise this Agreement at any time and you are deemed to be apprised of and bound by any changes to this Agreement. 

Obligations of the provider under this service contract are backed by the full faith and credit of the provider.

Certain items and events are not covered by this Agreement. Please read the Agreement carefully. Coverage includes only certain mechanical failures of the specific items listed as covered on your Agreement Coverage Summary and excludes all other failures and/or items. The Agreement Coverage Summary is attached to and made a part of this Agreement.

I.             BASIS FOR COVERAGE

During the term of this Agreement, we agree to pay the covered costs to repair or replace the items listed as covered on your Agreement Coverage Summary if any such items become inoperable due to mechanical failure caused by normal wear and tear.  Determination of Coverage including the operational condition as of the Agreement effective date for any claim will be made solely by us, considering but not limited to, our independent contractor’s diagnosis, hereinafter referred to as the “Service Contractor”.  This Agreement does not cover any known or unknown pre-existing conditions.  It is understood that WE ARE NOT A SERVICE CONTRACTOR and is not itself undertaking to repair or replace any such systems or components. This Agreement covers single-family homes, new construction homes, condominiums, townhomes, and mobile homes under 5,000 square feet, unless an alternative dwelling type (i.e. above 5,000 square feet or multi-unit home) is applied, and appropriate fees are paid.  This Agreement will not cover systems or appliances within (a) commercial properties; (b) residential properties used for business purposes, including, but not limited to, dwellings used for rest homes, day care centers, schools and/or professional offices; (c) common areas of condominiums, multi-family houses and/or cooperatives; (d) vacant properties, and; (e) foreclosed/short sold properties. Coverage applies to the systems and components mentioned as “covered” in accordance with the terms and conditions of this Agreement so long as such systems and components:

A.            Become inoperable due to normal wear and tear; and

B.            Are in place and in proper working order on the effective date of this Agreement; and

C.            Are located inside the confines of the main foundation of the home or attached or detached garage, with the exception of the air conditioner, exterior pool/spa, septic system, and well pump.

II.            TERM

Coverage starts 30 days after acceptance of application by us and receipt of applicable Agreement fees and continues for 365 days from that date.  We reserve the right to waive the 30-day grace period so long as you provide proof or prior coverage, showing no lapse of coverage, from another home service provider.  Waiving of the 30-day waiting period is at the sole discretion of us.     

III.           REQUESTING SERVICE – CALL (800) 545-0402

A.            We must be notified as soon as the malfunction is discovered and prior to expiration of the Agreement.  You can request service by calling 1-800-545-0402.  We will accept service requests 24 hours a day, 7 days a week.  We will not provide service until all past due Trade Service Call Fees and Plan Fees are made current. 

B.            Upon request for service under normal circumstances, we will contact an authorized Service Contractor within two (2) days during normal business hours and four (4) days on weekends and holidays after you request service. The authorized Service Contractor will contact you to schedule a mutually convenient appointment during normal business hours. We will determine what repairs constitute an emergency and will make reasonable efforts to expedite emergency service.  We will accept your request to expedite scheduling of non-emergency service only when a Service Contractor is available.  If the Service Contractor agrees to expedite scheduling of a non-emergency service request, you may be required to pay an additional fee.

C.            We have the sole and absolute right to select the Service Contractor to perform the service.  We will not reimburse for services performed without its prior approval.

D.            We reserve the right to obtain a second opinion at our expense.  In the event that we inform you the malfunction is not covered under this Agreement, you have the right to request a second opinion of the cause of the malfunction.  You must ask us for a second opinion from another Service Contractor within seven (7) days from us informing you the malfunction is not covered.  In the event that the outcome of the second opinion is different than the first opinion, then we may, in our discretion, decide whether to accept Coverage under this Agreement. If you request a second opinion, you will be responsible for the payment of an additional Trade Service Call Fee only if the outcome of the second opinion is the same as the initial opinion.

E.            In the event we authorize or request you to contact an independent service contractor to perform a covered service, we will provide reimbursement for an authorized amount of the cost you incur for the repair or replacement services.  Acceptable proof of the repair and your actual itemized costs must be provided to and approved by us before any reimbursement will be paid.  We are not responsible for expenses you incur without our express consent.  We will not reimburse you for any costs associated with unauthorized repairs or work performed by unauthorized contractors.

F.            If service work performed under this contract should fail, then we will make the necessary repairs without an additional Trade Service Call Fee for a period of 90 days on parts and 30 days on labor.

IV.          TRADE SERVICE CALL FEE

NOTE: The amount of your Trade Service Call Fee is listed on your Agreement Coverage Summary.

A.            You are required to pay a Trade Service Call Fee for each trade service request you submit to us.

B.            The Trade Service Call Fee applies to each call dispatched and scheduled, including but not limited to those calls where Coverage is approved or denied, included or excluded, covered or not covered.  The Trade Service Call Fee also applies in the event you fail to be present at a scheduled time, or in the event you cancel a service request at the time a Service Contractor is in route to your home or at your home.  Failure to pay the Trade Service Call Fee will result in suspension or cancellation of Agreement until such time as the proper Trade Service Call Fee is paid.  At that time, the Agreement may be reinstated; however, the contract period will not be extended.

C.            If a particular repair or replacement fails within 30 days, we will send a Service Contractor to repair the failure and you will not be charged an additional Trade Service Call Fee.

V.            COVERAGE

Coverage is dependent on plan you selected. Please refer to your Agreement Coverage Summary page.  Coverage is for no more than one (1) unit, system, or appliance, unless additional fees are paid or specified otherwise.  If no additional fees are paid, covered unit, system, or appliance is at our sole discretion.  Certain limitations of liability apply to covered systems and appliances.

A.            Air Conditioning System

Note: Coverage available on Air Conditioning units up to a 5-ton capacity, and for residential use only.

COVERED: Mechanical parts and components of two (2) ducted electric central air conditioning systems. All components and parts for units below 13 SEER and/or R-22 equipment, and when we are unable to facilitate repair and/or replacement of failed covered equipment at the current SEER rating or with R-22 equipment, repair and/or replacement will be performed with 13 SEER/R410A equipment and/or 7.7 HSPF or higher compliant, except:

NOT COVERED: Filters; filter driers; condenser casings; registers and grills; water towers; humidifiers; chillers; electronic air cleaners; window units; non-ducted wall units; mini-split wall units; gas air conditioning systems; water evaporative coolers; swamp coolers; condensate pumps; thermal expansion valves; all exterior condensing, cooling and pump pads; disconnect boxes; roof mounts, jacks, stands or supports; cost for crane rentals; electronic, computerized, and manual systems management and zone controllers; commercial grade equipment; refrigerant conversion; leak detections; water leaks; drain line stoppages or drain pans; failures due to open windings, line restrictions, filter driers; maintenance; rusted and/or corroded coils; component short to ground; noise without a related mechanical failure; improperly sized units; air conditioning with mismatched condensing unit and evaporative coil per manufacturer specifications; improper use of metering devices (i.e. thermal expansion valves). We are not responsible for the costs associated with matching dimensions, brand or color made. We will not pay for any modifications or upgrades necessitated by the repair of existing equipment or the installation of new equipment. We will pay up to $10 per pound per occurrence for refrigerant. You are responsible for payment of any costs in excess of $10 per pound.

B.            Heating System

Note: Coverage available on units up to a 5-ton capacity, and for residential use only.

COVERED: Mechanical parts and components of two (2) systems, either hot water and steam heating system or centrally ducted forced air gas/electric/oil heating system or electric baseboard units, if providing the primary source of heat in dwelling, as follows: accessible ductwork from covered heating unit to point of attachment to register/grill; blower fan motors; burners; controls; fan blades; heat/cool thermostats (programmable and electronic set back units will be replaced only with standard units); heating elements; ignitor and pilot assemblies; internal system controls; wiring; and relays; motors (excludes dampers); and switches. Electric baseboard units are covered if they are the primary source of heating for the property.

NOT COVERED: Chimneys, flues, and liners; cleaning and re-lighting of pilots; concrete encased or inaccessible ductwork; concrete encased or inaccessible steam or radiant heating coils or lines; conditions of water flow restriction due to scale, rust, minerals and other deposits; heat exchangers; cracked heat exchangers; rusted and/or corroded heat exchangers; maintenance and cleaning; calcium build-up; evaporator coil pan; primary or secondary drain pans; fossil and dual fuel control systems and other energy management systems and controls; dampers; asbestos insulated ductwork or piping; electric baseboard heat unless primary heating system in home; filters (including electronic/electrostatic and de-ionizing filter systems); fireplaces and their respective components and gas lines; free-standing or portable heating units; heat lamps; pellet stoves; fuel storage tanks, lines, and filters; gas log systems, including gas feed lines; valves; key valves; oil filters, nozzles, or strainers; humidifiers; inaccessible water/steam lines leading to or from system; backflow preventers; individual space heaters; panels and/or cabinetry; radiant heating systems built into walls, floors or ceilings; registers and grills; secondary units; solar heating devices and components; maintenance; noise without a related mechanical failure; improperly sized heating systems; mismatched systems; and structural components.

C.            Refrigerator

Note: Refrigerator must be located in the kitchen.

COVERED: All components and parts, including integral freezer unit, except:

NOT COVERED: Racks; shelves; glass; lighting; handles; doors, door seals, hinges, and gaskets; Freon; disposal and recapture of Freon; ice makers, ice crushers, beverage dispensers and their respective equipment; water lines and valve to ice maker; line restrictions; leaks of any kind; maintenance; interior thermal shells; freezers which are not an integral part of the refrigerator; wine chillers or mini refrigerators; food spoilage; noise without a related mechanical failure; multi-media centers and internet connection components.

D.            Clothes Washer

COVERED: All components and parts, except:

NOT COVERED: Soap dispensers; removable minitubs; filter screens; knobs and dials; doors, door seals and hinges; glass; leveling and balancing; damage to clothing; commercial units; noise without a related mechanical failure; conditions of water flow restriction due to scale, rust, minerals and other deposits.

E.            Clothes Dryer

COVERED: All components and parts, except:

NOT COVERED: Venting; lint screens; knobs and dials; doors, door seals, and hinges; glass; leveling and balancing; noise without a related mechanical failure; damage to clothing; conditions of air flow restriction due to a lack of maintenance and/or clogged lint screens. 

F.            Plumbing System and Stoppage

Note: Mainline stoppages are only covered if there is an accessible ground level clean out.

COVERED: Leaks and breaks of water, drain, gas, waste or vent lines, except if caused by freezing or roots; toilet tanks, bowls and mechanisms within the toilet tank (replaced with builder’s grade as necessary); toilet wax ring seals; built-in bathtub whirlpool motor and pump assemblies; stoppages and/or clogs in drain and sewer lines up to 100 feet from access point. Repair and finish of any walls or ceilings where it is necessary to break through to effect repair is only covered to the following extent: repair of walls or ceilings to rough finish up to $500 per claim. Rough finish is defined to include hanging of drywall, patching of drywall, stucco, and lath. Repair to rough finish does not include supplies or labor for paint, sanding, wall texture, wallpaper and/or tile work.

NOT COVERED: All plumbing in or under the ground, foundation or slab; all piping and plumbing outside of the perimeter of the foundation; any piping or plumbing in a detached structure; stoppage of concrete encased lines; leak detections; any fees for locating, accessing or installing cleanouts; removal of water closets/toilets in order to clear stoppages, any fees for photo/video equipment, hydro-jetting equipment; jet or steam clearing; chemicals; stoppages caused by root invasion; stoppages caused by foreign objects, such as but not limited to, sanitary wipes, toys, bottle caps, etc.; bath tubs; toilet lids and seats; sinks; cracked porcelain; basket and strainers; pop-up assemblies; tub waste overflow; glass; bidets; electronic toilets/bidets; caulking or grout; color or purity of the water in the system; concrete encased plumbing; conditions of insufficient or excessive water pressure; conditions of water flow restriction due to scale, rust, sediment, and other deposits; failures due to calcium build-up; hose bibs; faucets and fixtures; faucet and fixtures cartridges; valves for shower, tub, and diverter angle stops, rinses and gate valves; water softeners; freeze damage; holding and pressure tanks; jet pumps; laundry tubs; lawn sprinkler systems; saunas and/or steam systems; polybutylene or quest piping; galvanized drain lines; drum traps; flange; repair and finish of any floors where it is necessary to break through to effect repairs; septic tanks and systems in or outside of the home; sewage ejector pumps; sewer and water laterals; shower enclosures and base pans. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.

G.           Water Heater

COVERED: All components and parts for gas and/or electric hot water heaters, including circulating pumps, except:

NOT COVERED: Auxiliary and secondary holding/storage tanks; main, holding or storage tanks; expansion tanks; base pans; drain pans and drain lines; line restrictions; pressure reducing valve; sediment build-up; mineral and/or calcium build-up; rust and corrosion; combustion shutdown; color or purity of water; flues; vent pipes/lines; insulation and insulation blankets; heat recovery units; tankless hot water heaters; low boy and/or squat water heaters; solar water heaters including all solar components and parts; any noise without a related mechanical failure; racks; straps; timers; energy management systems; commercial grade equipment and units exceeding 75 gallons. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement. 

H.            Whirlpool Bathtub

COVERED: Mechanical parts and components including accessible electrical controls; accessible plumbing lines; air pumps; gaskets; and primary circulation pump and motor.

NOT COVERED: Bathtub shell; heaters; lights; multi-media systems; faucets and fixtures; caulking and grout; drains; jets; conditions of water flow restriction due to scale, rust, minerals and other deposits; failures due to dry operation of equipment; gaining access to electrical, component parts, and/or piping; tiles and marble; and tub enclosure. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.

I.             Electrical System

COVERED: All components and parts, except:

NOT COVERED: Attic exhaust fans; direct current (DC) wiring and systems; exterior wiring and components (except main panels mounted to exterior wall); any wiring or components servicing a detached structure; fire, carbon monoxide alarm and/or detection systems; batteries; intercom or speaker systems; doorbells; multi-media systems; lighting fixtures; load control devices; low voltage systems including wiring and relays; service entrance cables; telephone systems; telephone wiring; cable wiring; alarm and/or security systems and wiring; timers; touch pad assemblies; transmitters and remotes; utility meter base pans; solar power systems and panels; all solar components and parts; energy management systems; commercial grade equipment; auxiliary or sub-panels; bus bars; broken and/or severed wires; rerunning of new wiring for broken wires; wire tracing; central vacuum systems. Failures and conditions caused by inadequate wiring capacity, inadequate size breakers, circuit overload, power failure/shortage or surge, and corrosion are not covered. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.

J.             Oven/Range/Stove/Cooktop

COVERED: All mechanical components and parts, except:

NOT COVERED: Doors; door seals; hinges; handles; glass; knobs; lighting; clocks (unless they affect the cooking function of the unit); meat probe assemblies, rotisseries; racks and trays; downdrafts; range exhaust hoods; independent telescoping range exhaust; exhaust fan not solely for venting range/cooktop fumes; filters and screens; venting; sensi-heat burners will only be replaced with standard burners; drip pans; self-cleaning mechanisms including door latches; commercial units.

K.            Built-In Microwave

COVERED: All mechanical components and parts, except:

NOT COVERED: Doors; hinges; handles; glass; knobs; lights; clocks (unless they affect the cooking function of the unit); meat probe assemblies, rotisseries; racks and trays; interior linings; arcing; portable or counter top units.

L.             Dishwasher

COVERED: All mechanical components and parts, except:

NOT COVERED: Doors; door seals; hinges; handles; glass; knobs; racks, trays, and baskets; rollers; damage caused by broken glass; noise without a related mechanical failure; maintenance and cleaning; commercial units; portable units.

M.          Garbage Disposal

COVERED: All components and parts, including entire unit, except:

NOT COVERED: Failures and/or jams caused by bones, eggshells; glass, or foreign objects other than food.

N.           Trash Compactor

COVERED: All components and parts, except:

NOT COVERED: Portable units; lock and key assemblies; removable buckets; doors; door seals; hinges; handles; damage caused by overloading; commercial units.

O.           Ductwork

COVERED: Duct from heating and air conditioning unit to point of attachment at registers or grills, except:

NOT COVERED: Registers and grills; insulation; insulated ductwork; asbestos; vents, flues and breaching; ductwork exposed to outside elements; improperly sized ductwork; separation due to settlement and/or lack of support; damper motors; diagnostic testing of, or locating leaks to ductwork, including but not limited to, as required by any federal, state or local law, ordinance or regulation, or when required due to the installation or replacement of system equipment. We will provide access to ductwork through unobstructed walls, ceilings or floors, only, and will return the access opening to rough finish condition. With respect to concrete covered, embedded, encased, or otherwise inaccessible ductwork, we will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement. Rough finish is defined to include hanging of drywall, patching of drywall, stucco, and lath. Repair to rough finish does not include supplies or labor for paint, sanding, wall texture, wallpaper and/or tile work. We shall not be responsible for payment of the cost to remove and replace any built-in appliances, cabinets, floor coverings or other obstructions impeding access to walls, ceilings, and/or floors.

P.            Garage Door Opener

Note: Coverage is for no more than one (1) unit, system, or appliance, unless additional fees are paid.

COVERED: All components and parts, except:

NOT COVERED: Garage doors; hinges; springs; sensors; chains; travelers; door track assemblies; rollers; lights; keypads; wall buttons; remote receiving and/or transmitting devices.

Q.           Ceiling and Exhaust Fans

Note: Coverage is for no more than two (2) units, systems, or appliances, unless additional fees are paid. Builder's standard equipment is used when replacement is necessary.

COVERED: Motors; switches; controls; bearings, except:

NOT COVERED: Kitchen exhaust fans; range exhaust fans; fan blades; belts; shutters; filters; lighting. We will pay no more than $400 per contract term for access, diagnosis, repair and/or replacement. 

VI.          OPTIONAL COVERAGE

Optional Coverage requires additional payment per item, system, or appliance.  You may purchase any Optional Coverage for up to 30 days after commencement of Coverage. However, Coverage shall not commence until receipt of payment by us and such Coverage shall expire upon expiration of Coverage period in section II.

A.            Pool/Spa Equipment

Note: Shared equipment is covered. If equipment is not shared, then only one or the other is covered unless an additional fee is paid.

COVERED: Above ground components and parts of the pumping, and filtration system including pool sweep motor and pump; pump motor; blower motor and timer; filter; filter timer; gaskets; timer; valves, limited to back flush, actuator, check, and 2 and 3-way valves; relays and switches; above ground plumbing pipes and wiring, except:

NOT COVERED: Portable or above ground spas; access to pool and spa equipment; lights; liners and tile; jets; ornamental fountains, waterfalls and their pumping systems; auxiliary pumps; pool cover and related equipment; fill line and fill valves; built-in or detachable cleaning equipment including, without limitation, pool sweeps, pop-up heads, turbo valves, skimmers, chlorinators, and ionizers; fuel storage tanks; disposable filtration mediums; heat pump; heaters; control panels; control boards; multi-media centers; dehumidifiers; salt water generators and components; salt water systems; cracked or corroded filter casings; grids; cartridges; maintenance; structural defects; solar equipment and components. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.

B.            Limited Roof Leak

Note: Coverage applies to single family homes only.

COVERED: Repair of shake and composition roof leaks over the occupied living area.

NOT COVERED: Leaks related to patios; porches; decks; metal roofs; foam roofs; shingles; cemwood shakes; cracked and/or missing material; tiles; tar and gravel; flat or built-up roofs; structural leaks; asphalt; gutters; downspouts; skylights; flashing; patio covers; solar components; attic vents; roof jacks; satellite components; antennae; chimney components; partial roof replacement; preventative maintenance. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.

C.            Central Vacuum

COVERED: All mechanical components and parts, except:

NOT COVERED: Ductwork; piping; nozzles; hoses; blockages; accessories. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement.

D.            Sump Pump

COVERED: Mechanical parts and components of permanently installed sump pump for ground water, within the foundation of the home or attached garage, except:

NOT COVERED: Any unit located outside the covered property and/or within crawl spaces; back-up power assemblies; portable or non-hard piped installed units; sewerage ejector pumps; backflow preventers; check valves; piping modifications for new installs. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.

E.            Well Pump

COVERED: All components and parts of well pump utilized as a main source of water to the home, except:

NOT COVERED: Above or underground piping, cable or electrical lines leading to or from the well pump, including those that are located within the well casing; holding or storage tanks; digging; locating pump; pump retrieval; redrilling of wells; well casings; pressure tanks; pressure switches and gauges; check valve; relief valve; drop pipe; piping or electrical lines leading to or connecting pressure tank and main dwelling including wiring from control box to the pump; booster pumps; well pump and all well pump components for geothermal and/or water source heat pumps. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.

F.            Septic System

COVERED: Sewage ejector pump for septic system only; jet pump; aerobic pump. Clearing of stoppages within the connecting waste line (leading from the house to the primary septic tank) which are attributable to normal wear and tear and can be accessed through an existing clean out without excavation.

NOT COVERED: Broken or collapsed sewer lines; tile fields; leach beds; leach lines; lateral lines; tanks; insufficient capacity; seepage pits; cesspools and sewage ejector pumps not associated with the septic system. We do not cover the cost associated with locating or gaining access to the septic tank or sewer hook-ups nor do we cover the cost of installing cleanouts or hook ups if they do not already exist; disposal of waste; pumping; chemical treatments of the septic tank or sewer lines, stoppages caused by root invasion and/or stoppages caused by foreign objects, such as but not limited to, toys and bottle caps. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.

G.           Septic Tank Pumping

COVERED: The septic tank will be pumped once during the Agreement term if the stoppage is due to septic back up only. Coverage applies to main line stoppages and/or clogs and must have existing access or clean out. Coverage can only become effective if a septic certification was completed within 90 days prior to close of sale. We reserve the right to request a copy of the certification prior to service dispatch.

NOT COVERED: We do not cover the cost associated with locating or gaining access to the septic tank or sewer hook-ups nor do we cover the cost of installing cleanouts or hook ups if they do not already exist; disposal of waste; chemical treatments of the septic tank or sewer lines; leach beds; leach lines; lateral lines; tanks; cesspools; mechanical pumps and/or systems. We will pay no more than $200 per contract term for access, diagnosis, repair; and pumping.

H.            Second Refrigerator

COVERED: All components and parts, including integral freezer unit, except:

NOT COVERED: Racks; shelves; glass; lighting; handles; doors, door seals, hinges, and gaskets; Freon; disposal and recapture of Freon; ice makers, ice crushers, beverage dispensers and their respective equipment; water lines and valve to ice maker; line restrictions; leaks of any kind; maintenance; interior thermal shells; freezers which are not an integral part of the refrigerator; wine chillers or mini refrigerators; food spoilage; noise without a related mechanical failure; multi-media centers and internet connection components.

I.             Stand Alone Freezer

COVERED: All components and parts, except:

NOT COVERED: Racks; shelves; glass; lighting; handles; doors, door seals, hinges, and gaskets; Freon; disposal and recapture of Freon; ice makers, ice crushers; water lines and valve to ice maker; line restrictions; leaks of any kind; maintenance; interior thermal shells; food spoilage; noise without a related mechanical failure; multi-media centers and internet connection components.

J.             Water Softener

COVERED: Mechanical parts and components of basic single water softener unit, including central head assembly; multi-level/twin softeners; piping to and from unit(s) and system tanks.

NOT COVERED: Any and all treatment, purification, odor control, iron filtration components and systems; discharge drywells; inadequate pressure; failure due to excessive water pressure or freeze damage; failures due to mineral and/or sediment; resin bed replacement and salt; leased or rented units; softening agents. We will pay no more than $500 per contract term for access, diagnosis, repair and/or replacement.

K.            Refrigerator Ice Maker

COVERED: Mechanical components and parts related to the kitchen refrigerator ice maker only, except:

NOT COVERED: Free standing ice makers; Freon; disposal and recapture of Freon; dispensers; ice crushers; water lines and valve to ice maker; line restrictions. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement.

L.             Free Standing Ice Maker

COVERED: All mechanical components and parts, except:

NOT COVERED: Racks; shelves; glass; lighting; handles; doors, door seals, hinges, and gaskets; Freon; disposal and recapture of Freon, ice crushers; water lines and valve to ice maker; line restrictions; leaks of any kind; maintenance; interior thermal shells; noise without a related mechanical failure; leveling and balancing; commercial units.

M.          GREENguard™

COVERED: If a covered system or appliance (limited to Clothes Washer, Clothes Dryer, Refrigerator, and Dishwasher) fails per section I above and subject to all other Agreement inclusions, exclusions and limitations, and it cannot be repaired, we will replace the appliance with an ENERGY STAR qualified product (subject to availability, exclusions and limitations), one with similar and like features as existing appliance, except:

NOT COVERED: All other Agreement limitations of liability and exclusions apply.

N.          Lawn Sprinkler System

Note: Coverage is for lawn sprinkler systems only.

COVERED: Timers; valves; stoppages, except:

NOT COVERED: Hydraulic systems; malfunctioning due to lack of water pressure; digging of sprinkler lines; water lines; leak detections; batteries; drip irrigation systems; damage due to freezing, pets, cars, or lawn care equipment; sprinkler heads; seasonal maintenance; improper electrical current; systems using water containing corrosive chemicals, electrolytes, sand, dirt, silt, rust or agents that otherwise attack and degrade plastics. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement.

VII.         GENERAL LIMITATIONS OF LIABILITY

A.            The following are not included during the contract term; (i) malfunction or improper operation due to rust or corrosion of all systems and appliances, (ii) collapsed ductwork, (iii) known or unknown pre-existing conditions, deficiencies and/or defects.

B.            We are not responsible for the repair of any cosmetic defects or performance of routine maintenance.

C.            At times it is necessary to open walls or ceilings to make repairs. The Service Contractor provided by us will close the opening, and return to a rough finish condition. We are not responsible for restoration of any wall coverings, floor coverings, plaster, cabinets, counter tops, tiling, paint, or the like. Rough finish is defined to include hanging of drywall, patching of drywall, stucco, and lath. Repair to rough finish does not include supplies or labor for paint, sanding, wall texture, wallpaper and/or tile work. We are not responsible for drywall or rough finish repairs on not covered claims.

D.            This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation abuse; misuse and/or neglect; lack of maintenance; rust and/or corrosion; noise without a related mechanical failure; chemical or sedimentary build up; failures due to calcium build-up; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; water damage; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure. We are not responsible for drywall or rough finish repairs on not covered claims.

E.            This Agreement shall not cover any item(s) if they are mismatched systems with components having incompatible capacity ratings; modified from the original manufacturer design or application; items determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with Optional Coverage purchased for items outside the main perimeter.

F.            This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.

G.           This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or local law, code, regulation, or ordinance. All such costs are your responsibility.

H.            SEER (Seasonal Energy Efficiency Ratio) operational compatibility: If we elect to replace an air conditioning condenser or heat pump unit, and it becomes necessary to make a mechanical modification to the evaporator coil in order to provide operational compatibility, we agree to pay the covered costs for one (1) of the following, determination is at our sole discretion, only: expansion metering device, or coil, or air handler. This Agreement does not cover any costs associated with modifications or upgrades required to match efficiency value, rating or ratio.

I.             This Agreement does not cover fees associated with the removal and/or disposal of old systems, appliances and components; any fees or costs associated with Freon reclamation.

J.             This Agreement does not cover fees associated with the removal and/or disposal of hazardous or toxic material or asbestos.

K.            This Agreement does not cover repair or replacement of systems, appliances or components classified by the manufacturer as commercial-grade.

L.             This Agreement does not cover (i) fees associated with use of cranes or other lifting equipment required to service any item or system; or (ii) excavation or other charges associated with gaining access to the well pump; or (iii) electronic computerized energy management systems or devices, or lighting and/or appliance management systems; or (iv) solar systems and solar components. 

M.          This Agreement does not cover ductwork with the sole exception of ductwork that is exposed and readily accessible to service a mechanical failure of a covered air conditioning or heating system or item. This Agreement does not cover: asbestos insulated ductwork; concrete encased or inaccessible ductwork; crushed/collapsed ductwork; ductwork damaged by moisture, water, pests and/or animals; insulation; registers, grills and dampers; underground ductwork. Inaccessible ductwork refers to ductwork that is used in central heating and/or air conditioning systems that is not exposed and cannot readily be accessed for replacement or repair due to design and installation obstacles such as, but not limited to, permanent partitions, chimneys, etc., and ductwork embedded in floors, walls or ceilings.

N.           This Agreement does not cover any costs incurred to gain and/or close access to a covered item, system, appliance or component in situations where there is not adequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, toilets, sinks, permanently installed fixtures, cabinets, snow/ice covered areas, flooded areas, or personal property. In the event it is necessary to open walls, floors, or ceilings, or to move such fixtures, cabinets, or personal property to perform a diagnosis or service, we are not responsible for restoring such openings, items, or property. This Agreement does not cover any costs associated with equipment to gain access or permit serviceability such as but not limited to scaffolding.

O.           This Agreement does not cover delays or failures to provide service caused by, or related to any of the exclusions listed herein; shortages of labor and/or materials; or any other cause beyond our reasonable control. This Agreement does not cover additional charges to access or transport materials, supplies, or independent Service Contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to, tolls, required use of ferries or barges and/or remote locations.

P.            This Agreement does not cover any incidental, consequential, special, and/or punitive damages, and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the failure of any item or system, including, but not limited to, food spoilage, loss of income, additional living expenses, and/or any loss, damage, cost or expense directly or indirectly arising out of or resulting from, or in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, wet or dry rot and/or other property damage.

Q.           This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, or home warranty. Our Coverage is secondary to such insurance, warranties, or guarantees.

R.            This Agreement does not cover any mechanical failure when the covered item or system has been repaired, modified, disabled or adjusted in any way which prevents us or our independent Service Contractor(s) from inspecting, diagnosing and/or repairing the mechanical failure. This Agreement does not cover any mechanical failure to any covered item or system that has been improperly altered, repaired, installed, modified or damaged in the course of remodeling or unauthorized repair.

S.            This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. For example, you are responsible for providing maintenance and cleaning pursuant to manufacturers’ specifications, such as periodic cleaning of heating and air conditioning systems, evaporator coils and condenser coils, as well as periodic filter replacement. We will not pay for repairs or failures that result from your failure to perform normal or routine maintenance.

T.            We are not liable for any damages that result from a Service Contractor’s service, delay in providing service or failure to provide service. We are not liable for any incidental, consequential, special, and/or punitive damages, whether caused by negligence or any other cause, and you agree to waive any and all claims for such damages, arising from, resulting from or related to any Service Contractor’s service, delay in providing service or failure to provide service, including, but not limited to, damages, resulting from delays in securing parts and/or labor, the failure of any equipment used by an independent Service Contractor, labor difficulties, and/or the negligent, tortuous and/or unlawful acts or omissions of any independent Service Contractor.

U.           We have the sole right to determine whether a covered system or appliance will be repaired or replaced. We are responsible for installing replacement equipment of similar features, capacity, and efficiency, but not for matching dimensions, brand or color. We are not responsible for upgrades, components, parts, or equipment required due to the incompatibility of the existing equipment with the replacement system or appliance or component or part thereof or with new type of chemical or material utilized to run the replacement equipment including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by federal, state, or local governments. If parts are no longer available, we will offer a cash payment in the amount of the average cost between parts and labor of the covered repair. We reserve the right to locate parts at any time.  We are not liable for replacement of entire systems or appliances due to obsolete, discontinued or unavailability of one or more integral parts. However, we will provide reimbursement for the costs of those parts determined by reasonable allowance for the fair value of like parts. We reserve the right to rebuild a part or component, or replace with a rebuilt part or component.

V.            We reserve the right to offer cash back in lieu of repair or replacement in the amount of our actual cost, which at times may be less than retail, to repair or replace any covered system, component or appliance. In the event a covered system or appliance is deemed irreparable or it is not cost effective to repair, we may replace the system or appliance with a system or appliance of like capacity, the price of which shall not exceed the depreciated value of the system or appliance being replaced. THP is not responsible for installation. The cash settlement shall be in an amount not to exceed the depreciated value of the component, system, or appliance being replaced. In the event you elect to use the cash back funds to repair rather than replace your system or appliance, said system or appliance will no longer be covered by THP.

W.          We are not liable for the repair or replacement of commercial grade equipment, systems or appliances. We shall pay no more than $1,000 in aggregate for professional series or like appliances such as, but not limited to, brand names such as Sub Zero, Viking, Wolf, Bosch, Jenn-Air, GE Monogram, Thermador, Miele, Fisher & Paykel, and etc.

X.            You agree that we are not liable for the negligence or other conduct of the Service Contractor, nor are we an insurer of Service Contractor’s performance. You also agree that we are not liable for consequential, incidental, indirect, secondary, or punitive damages. You expressly waive the right to all such damages. Your sole remedy under this Agreement is recovery of the cost of the required repair or replacement, whichever is less. You agree that, in no event, will our liability exceed $1500 per contract item for access, diagnosis, repair and/or replacement.

Y.            In the event you threaten to harm or actually harm the safety or well-being of: (i) THP ; (ii) any employee of THP ; (iii) a Service Contractor; or (iv) any property of THP or the Service Contractor, you will be in breach of this Agreement. In the event you breach this or any other obligation under this Agreement, THP may refuse to provide service to you and may cancel this Agreement.

VIII.        MULTIPLE UNITS AND INVESTMENT PROPERTIES

A.            If the Agreement is for 2-family, 3-family, or 4-family dwelling, then every unit within such dwelling must be covered by the Agreement with applicable Optional Coverage for Coverage to apply to shared systems and appliances.

B.            If this Agreement is for a unit within a multiple unit of five (5) or more, then only items contained within the confines of each individual unit are covered. Shared systems and appliances are excluded.

C.            Except as otherwise provided in this section, shared systems and appliances are excluded.

IX.           MEDIATION; GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF 

In the event of a dispute over claims or Coverage you agree to file a written informal claim with us and allow us twenty (20) calendar days to respond to the claim. The parties agree to mediate in good faith before resorting to mandatory arbitration. All written claims should be mailed to Total Home Protection, Mediation Department, 300 McGaw Drive, 2nd Floor, Edison, NJ 08837, or e-mailed to Mediation@TotalHomeProtection.com .

Except where prohibited, if a dispute arises from or relates to this Agreement or its breach, and if the dispute cannot be settled through direct discussions you agree that:

A.            This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, excluding New Jersey’s choice-of-law principles, and all claims arising out of or relating to your use of the Website, contacts between you and us (including telephone calls and text messages), this Agreement and/or any other understanding or arrangement between you and THP or any of the other THP Parties, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New Jersey, excluding New York’s choice-of-law principles.

B.            Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, this Agreement, and/or any other understanding or arrangement between you and THP or any of the other THP Parties, including without limitation regarding any breach of this Agreement, any contacts between you and THP (including, but not limited to, claims and coverage, emails, telephone calls, and text message correspondence between us and you, including but not limited to, claims under the Telephone Consumer Protection Act), or any other such other understanding or arrangement, shall be finally resolved by binding arbitration administered by a private professional arbitrator and rules reasonably determined by the parties in writing, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.  You and THP are expressly waiving any rights to a jury trial. The arbitration will be conducted in the State of New Jersey, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and THP, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and THP and any decision rendered shall be deemed to be the confidential information of THP and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or THP may apply to any federal or state court sitting in the County and State of New Jersey for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and THP each submits to the exclusive jurisdiction of such courts for such purpose.  You and THP waive any right to assert any claims against the other party as a representative or member in any class or representative action. You and THP each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.

C.            You agree that it would be impossible or inadequate to measure and calculate THP’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that THP shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which THP in its sole discretion believes will cause damage to any of the THP Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of THP in connection with this Section shall be in addition to, and not in limitation of, any other remedies to which THP may be entitled under this Agreement or otherwise at law or in equity. If THP prevails in any such proceeding, THP shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in the County and State of New Jersey for THP’s pursuit of such relief, without breach of the above arbitration provision, and you and THP submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

D.            You agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $1500 per claim, but in no event attorneys' fees. You also agree that THP is not liable for consequential, incidental, indirect, secondary or punitive damages as you are waiving your rights to all such damages.

X.            SEVERABILITY

If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.

XI.           RENEWALS AND TRANSFER OF AGREEMENT

A.            THP may, in its sole discretion, elect to renew this Agreement for a one year contract term, unless otherwise approved by THP . In the event we elect to renew your Agreement, you will be notified of the terms within sixty (60) days prior to expiration of your Agreement. Unless you notify THP prior to expiration of your Agreement, your Agreement will be automatically renewed and you will be charged applicable plan fees.

B.            If you select the monthly payment option and we elect to renew your Agreement, we will notify you of applicable rate and terms of renewal during the tenth month of your Agreement. You will automatically be renewed for a monthly coverage period unless you notify us in writing thirty (30) days prior to the expiration of the Agreement. Your first payment for the next contract term will be construed as authorization for month-to-month charges.

C.            If your covered property is sold during the term of this Agreement, you must notify us of the change in ownership and submit the name of the new owner by phoning 1-800-545-0402 in order to transfer Agreement to the new owner.

D.            You may transfer this Agreement at any time.  There is no fee to transfer the Agreement.

XII.         CANCELLATION

A.            This Agreement may be cancelled by THP for the following reasons: (i) nonpayment of Agreement fees or other breach of this Agreement by the customer; (ii) nonpayment of Trade Service Call Fee, as stated in section IV; (iii) fraud or misrepresentation by the customer and/or customer representative of facts material to THP’s issuance of this Agreement; or (iv) a change in laws or regulations that has a material effect on the business of THP or THP’s ability to fulfill its obligations under this Agreement.

B.            You may cancel this Agreement within the first thirty (30) days of the order date for a full refund of the paid contract fees, less any service costs incurred by us.

C.            Mutual agreement of us and you. If this Agreement is canceled after thirty (30) days, you shall be entitled to a pro rata refund at the standard contract fee rate for the unexpired term, less a $50 administrative fee and any service costs (including, but not limited to, any good will payments or settlement payments made to you) incurred by us. If we have provided services and the amount of the service costs incurred by us is greater than the contract fees paid, then no refund will be due to you. All cancellation requests must be submitted in writing.


 

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