Service Agreement

Home Service Agreement

This Home Service Agreement (the "Agreement" or "Service Contract") is issued by the entity listed for your state on the Coverage Summary page (hereinafter referred to as "FPHW," "we," "us," "our," or "Provider"). The owner of the property covered by this Agreement is hereinafter referred to as "you," "your," or "Contract Holder."

FPHW offers home service contracts, which are not warranties. Terms may vary by state. FPHW reserves the right to revise this Agreement at any time, and you are deemed to have been apprised of and to be bound by any such revisions.

This Agreement covers 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 incorporated into, 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 expressly listed as Covered on your Agreement Coverage Summary, provided such items become inoperable due to mechanical failure caused by normal wear and tear. This Agreement is not an insurance policy and is not an agreement of insurance. It is service contract that provides limited coverage only for the specific items explicitly identified as Covered. No coverage is provided for any item not expressly listed as a Covered item.

Determination of Coverage - including the operational condition of any item as of the Agreement effective date - will be made solely by us, based on 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 are not undertaking to repair or replace any systems or components ourselves.

This Agreement applies to single-family homes, new construction homes, condominiums, townhomes, and mobile homes under 5,000 square feet, unless an alternative dwelling type (e.g., over 5,000 square feet or multi-unit home) is selected and the appropriate fee is paid.

This Agreement does not provide coverage for systems or appliances located in or associated with: commercial properties; residential properties used for business purposes, including but not limited to rest homes, day-care centers, schools, or professional offices; common areas of condominiums, multi-family houses, or cooperatives; vacant properties; foreclosed or short- sold properties.

Coverage applies only to the systems and components identified as "Covered," and only if such systems or components:

A. Become inoperable due to normal wear and tear,

B. Are installed and in proper working order on the Agreement effective date; and

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

II. TERM

Coverage begins thirty (30) days after we accept your application and receive all required Agreement fees, and continues for 365 days from that start date. We may waive the thirty (30) day waiting period only if you provide proof of prior coverage from another home service provider showing no lapse in coverage. If you cancel your previous home warranty or if a lapse in coverage exists, the waiting period cannot be waived. The decision to waive the thirty (30) day waiting period is solely at our discretion.

III. REQUESTING SERVICE CALL (800)-388-1918

A. We must be notified as soon as the malfunction is discovered and prior to the expiration of the Agreement. You can request service by calling 800-388-1918. We 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 within four (4) days on weekends and holidays. 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 non- emergency service only when a Service Contractor is available. If the Service Contractor agrees to expedite a non-emergency 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 our prior approval.

D. We reserve the right to obtain a second opinion at our expense. If we inform you that the malfunction is not covered under this Agreement, you may request a second opinion on the cause of the malfunction. You must request this second opinion from us within seven (7) days of being informed the malfunction is not covered. If the outcome of the second opinion differs from the first, we may, at our discretion, decide whether to accept Coverage under this Agreement. If you request a second opinion, you will be responsible for an additional Trade Service Call Fee only if the second opinion is the same as the initial opinion.

E. If we authorize or request that you contact an independent service contractor to perform a covered service, we will reimburse an authorized amount of the cost you incur for the repair or replacement. Acceptable proof of the repair and itemized costs must be provided to and approved by us before reimbursement is issued. We are not responsible for expenses incurred without our express consent, and we will not reimburse for unauthorized repairs or work performed by unauthorized contractors.

F. If service work performed under this Agreement fails, we will make the necessary repairs without an additional Trade Service Call Fee for a period of ninety (90) days on parts and thirty (30) days on labor.

G. Only one claim is permitted per policy at a time.

IV. Trade Service Call Fee

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 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 en route to your home or at your home. Failure to pay the Trade Service Call Fee will result in suspension or cancellation of the Agreement until 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 thirty (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 the 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,the 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) dueted 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 higher compliant, except:

NOT COVERED: Fibers; filter driers; condenser casing register and grills; water towers; humidifiers; chillers: electronic air cleaners; window units; non- ducted wall units; mini-split wall units, gas air conditioning systems; evaporator coil leaks, leak tests, leaks of any kind; 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 restriction, filter driers maintenance; rusted and/or corroded coils component short to ground; valves; key valves; 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 (ie. 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/electrical/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 motor: burners control 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 base-board 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 oils 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 par 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, filters, nozzles, 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 ceiling registers and grills; secondary units; solar hauling devices and components maintenance; noise without a related mechanical failure; improperly sized heating systems; mismatched systems; and structural components. Leaks of any kind, gas valves, open winding.

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; Sealed system leaks, 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, Liners, heat exchangers 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 rollers, gas valves glass; leveling and balancing: damage to clothing: commercial units; noise without a related mechanical failure; conditions of water flow restrictions due to scale, rust, minerals, Lids, switches, tubs 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; rollers; gas valves; glass; leveling and balancing; noise without a related mechanical failure: damage to clothing: Lids, switches, rust, 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, bolts 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 effort 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 Supply lines, angle stops, collapsed lines, 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 assembles; tub waste overflow; glass; bidets; shower body's, multi ports; toilets; 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; reverse osmosis; water filtration systems; holding and pressure tanks: jet pump; laundry tubs: lawn sprinkler system; saunas and/er 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 repair: 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 tank; Leaking tanks, tankless heaters, intimal looks, relighting of pilots, 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; 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; timer; energy management system; 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 system; faucets and fixtures, caulking and grout; drains; jets: conditions of water flow restriction due to scala, rust, minerals and other deposits; failures due to dry operation of equipment; gaining access to electrical, components parts, and/or piping; tiles and marble; and tub enclosure. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement. electrical, components parts, and/or piping; tiles and marble; and tub enclosure. We will pay no more than $200 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, rotisserie; rack and trays downdraft 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; knob; 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: Al mechanical components and parts, expert:

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

M. Garbage Disposal

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

NOT COVERED: Failures and/or jams caused by bones, eggshells: glass, or foreign objects other than food. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement.

N. Trash Compactor

COVERED: All components and ports, except:

NOT COVERED: Portable units lock and kay assembles; removable bucket; doors; door seals; hinges; handles; Maintenance, switches, valves, rust, 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: Upgrades, 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 pains, 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, improperly installed and/or floors.

P. Garage Door Opener Note

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, drums, wheels, cables 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, Attic Fans, wall buttons, remote receiving and/or transmitting devices. We will pay no more than $200 per contract term to access diagnosis repair and/or replacement.

VI. OPTIONAL COVERAGE

Optional Coverage requires an additional payment for each item, system, or appliance selected. You may purchase Optional Coverage within thirty (30) days after the commencement of Coverage. However, such Coverage will not begin until we receive the applicable payment, and it will terminate upon the expiration of the Coverage period set forth 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 roots: foam roof shingles; camwood shakes; cracked and/or missing material tiles; tor 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; Windows, siding, soffits, vinyl siding, 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; Valves, maintenance, filters.

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 preventer, crack valves; Cracked casings, alarms, basins; 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 pump, 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: Jet 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 not already exist; disposal of waste: pumping: Sewage ejector pump, aerobic pump, maintenance, gravel chemical treatments of the septic tank or sewer lines, stoppages caused by root invasion and/or stoppages caused by foreign object, 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.

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; sealed systems; 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 internet connection component.

I. Stand Alone Freezer

COVERED: All components and ports, except:

NOT COVERED: Racks; shelves: glass: lighting: handles doors, door seals, hinges, and gaskets: sealed systems: Freon; disposal and recapture of Freon; ice makers, ice crushers water lines and vale to ice maker; line restriction; 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 softener; 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; Valves, maintenance; 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 fixtures; dispensing ice crushers: water lines and vales 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. We will pay no more than $200 per contract term to access, diagnose, repair and/or replacement.

M. GREENguard^TMM

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 inclusion, 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 f water pressure; digging of sprinkler lines; water lines; leak detections; batteries; drip irrigation system damage due to freezing, pets, cars, or lawn care equipment; sprinkler heads; sessional maintenance; improper electrical current; systems using water containing corrosive chemicals, electrolytes, sand, dirt, silt, rust or agents that otherwise attack and degrade plastics. Backflow preventers and related parts. We will pay no more than $200 per contract term for access, diagnosis, repair and/or replacement.

O. Electronic Systems

Note: Coverage is for laptops, tablets, and televisions only.

COVERED: Mechanical or electrical failure of internal components caused by normal wear and tear, including internal power supplies, internal circuit boards, internal cooling fans, internal batteries (where applicable), internal charging components, and other internal parts necessary for the normal operation of the covered device. Coverage is limited to failures resulting from normal wear and tear only

NOT COVERED: Accidental or physical damage including drops, impact, cracks, or broken screens; liquid or moisture damage; cosmetic damage; software, firmware, operating system, application, or connectivity issues; data loss or data recovery; power surges, lightning, or other electrical events; misuse, abuse, or neglect; unauthorized repairs or modifications; manufacturer defects, recalls, or warranties; pre-existing conditions; accessories or peripheral equipment including chargers, cables, adapters, remote controls, cases, keyboards, or external devices; theft, vandalism, fire, flood, or other Acts of God; routine maintenance, cleaning, or adjustments.

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, (ii) 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 when it opening and return to is necessary to open walls or ceilings to make repairs. The Service Contractor provided by us will close the 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 und/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: Secondary damage, smells and/or odors, grease build up, 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 outside the perimeter of the main foundation (ie, 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. located

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 codes): 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 upgrades or modifications to comply with federal, state, and/or local law, code, regulation, or ordnance. All associated with any such costs are your responsibility.

H. SEER (Seasonal Energy Efficiency Ratio) operational compatibility: It 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 sir 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 fees do 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 (ii) 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 iter. This Agreement does not cover: asbestos insulated ductwork; concrete encased or inaccessible ductwork; crushed/collapsed 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 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 for any loss, damage, cost or expense directly or indirectly in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, arising out of or resulting from, any 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 heating and air conditioning maintenance and cleaning pursuant to manufacturers' specification, such in periodic cleaning of 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. "FPHW reserves the right and may request prior three (3) years of maintenance records and/or pictures from a licensed service company. Without proper maintenance records and pictures the maximum payout on any system/appliance is up to $150.

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 any other cause, and you for any incidental, Service Contractor's service, delay consequential, special, and or punitive damages, whether caused by negligence or or failure to provide service, including, but not limited to, damages, agree to waive any and all claims for such damages, arising from, resulting from or related to any in providing service for labor, the failure of resulting from delays in securing parts and 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 replacement equipment including but not limited to, differences in technology refrigerant requirements, or efficiency as material utilized to run the mandated the amount of the average time. We for by federal, state, or local governments. If parts are no longer available, we will offer a cash payment in of the covered repair. We reserve the right to locate parts at any are not liable reimbursement for the costs of those parts determined by reasonable allowance for the fair value of like parts. We to obsolete, discontinued or unavailability of one or more integral parts. However, replacement of entire systems or cost between parts and labor we will provide 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 tis 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. FPHW is not responsible for installation. We will not issue any reimbursement or cash settlement until all past-due Trade Service Call Fees and Plan Fees have been paid in full. 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 FPHW.

W. We are not liable for the repair or replacement of commercial grade equipment, systems or appliances. We shall pay no more than $1000 in aggregate for professional series or like appliances such as, but not limited to, brand names such as Sub Zero, Viking Wolt, Bosch, Jenn-Air, GE Monogram, Thermador, Miele. Fisher & Paykel, und 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) FPHW: (ii) any employee of FPHW: (iii) a Service Contractor; or (iv) any property of FPHW 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, FPHW 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 mere, 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

In the event of a dispute regarding a claim or Coverage, you agree to submit written Notice of Dispute to us and allow thirty (30) business days for us to respond. The parties agree to participate in good-faith mediation before initiating mandatory arbitration. All Notices of Dispute and mediation-related communications must be submitted via email to complaints@firstpremierhomewarranty.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 dispute you agree that:

A. Any and all disputes, claims and causes of action arising out of or connected with this Agreement shall be resolved individually, without resort to any form of class action, and exclusively by the American Arbitration Association under its Commercial Mediation Rules. Controversies or claims shall be submitted to arbitration regardless of the theory under which they arise, including without limitation contract, tort, common law, statutory, or regulatory duties or liability.

B. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $1000 per claim, but in no event attorneys' fees.

C. Under no circumstances will you be permitted obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.

D. Any claim must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A class or representative ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

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. FPHW may, in its sole discretion, elect to renew this Agreement for a one year contract term, unless otherwise approved by FPHW. 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 FPHW 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 the 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 800-388-1918 in order to transfer the Agreement to the new owner.

D. You may transfer this Agreement at any time. There will be a $75 transfer fee to transfer the agreement.

XII. CANCELLATION

A. This Agreement may be cancelled by FPHW 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; (ii) fraud or misrepresentation by the customer and/or customer representative of facts material to FPHW's issuance of this Agreement: or (iv) a change in laws or regulations that has a material effect on the business of FPHW or FPHW'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. Upon mutual agreement between you and us, if this Agreement is canceled after thirty (30) days, you will be entitled to a pro rata refund based on the standard monthly contract fee for the unused portion of the term, less a $75 administrative fee and any service costs incurred by us (including, but not limited to, goodwill payments or settlement payments made to you or unbinding fees). If the value of services provided exceeds the contract fees paid, no refund will be issued. All cancellation requests must be submitted in writing to cancellations@firstpremierhomewarranty.com.

D. If this agreement is cancelled after thirty (30) days and you are a monthly customer there will be no refunds on any premiums paid. A $75 administrative fee must be paid to cancel the agreement less than any service costs incurred by us.