TERMS AND CONDITIONS OF ZENNI EYEWEAR PROTECTION PLAN

INTRODUCTION. These Zenni Optical Eyewear Protection Plan terms and conditions and Your Order Confirmation (Plan”) govern the service contract between You and Us on the Covered Products, including coverage information, claim instructions, cancellation rights, limitations and exclusions, and other important information. Please read this document carefully to fully understand Your Plan’s coverage. If you have any questions concerning the Plan, please send Zenni an email at {claims@zennioptical.com} or call Zenni at {(800) 211-2105} between the hours of {5am and 9pm Pacific Time, 7 Days a Week}. To submit a claim, please see Section 8 below entitled “HOW TO FILE A CLAIM”

NOTICE: (1) THIS PLAN DOES NOT REPLACE THE ZENNI’S RETURN POLICY OR MANUFACTURER’S WARRANTY FOR THE COVERED PRODUCT; (2) THIS PLAN IS NOT AN INSURANCE POLICY; AND (3) THE PURCHASE OF THIS PLAN IS NOT REQUIRED TO EITHER PURCHASE YOUR PRODUCT OR TO OBTAIN FINANCING FOR IT.

This Plan requires the resolution of disputes through individual small claims action or individual arbitration. Please read Section 10 for further information that affects Your legal rights.

This Plan is available in the following states: Arkansas, Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Kentucky, Maine, Massachusetts, Minnesota,Missouri, Montana, Nevada, New Jersey, New York, Ohio, Oklahoma, Oregon, South Carolina, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming.

DEFINITIONS. Under this Plan, the following terms have the meanings set forth below:

Accidental Damage from Handling (“ADH”) means damage from a single, unexpected, sudden, and unintentional event.
“Coverage Start Date” means the date that coverage under Your Plan begins, as indicated on Your Order Confirmation. Please note that Your Coverage Start Date may be later than the Purchase Date.
“Covered Breakdown(s)” is defined in Section 5.
“Covered Product” means the eyeglass frames, eyeglass lenses, and eyeglass coatings that are covered under this Plan. The Covered Product(s) will be listed on Your Order Confirmation.
“Delivery Date” means the date Covered Product was delivered to You.
“Expiration Date” means the date that coverage under this Plan ends, as listed in Your Order Confirmation, subject to prior fulfillment, termination, or cancellation.
“Obligor,” “We,” “Us,” and “Our” mean AIG WarrantyGuard, Inc., 500 W. Madison Street, Ste. 3000, Chicago, IL 60661, (800) 343-4441 in Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Jersey, New York, Ohio, Oregon, South Carolina, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming. In Florida and Oklahoma, they mean AIG Warranty Services of Florida, Inc., 1767 WSR 434, West Longwood, FL 32750, (800) 343-4441.
“Order Confirmation” means the purchase confirmation email or document that You receive from the Administrator for this Plan that identifies the Plan Purchase Date, Covered Product, Coverage Start Date, Expiration Date, Plan Price, and other important terms applicable to this Plan.
“Plan” is defined in Section 1.
“Plan Price” means the total price that You paid for the Plan, as listed on the Order Confirmation.
“Plan Purchase Date” means the date You purchased this Plan, as listed on Your Order Confirmation.
“Seller” means the entity that sold you this Plan, as identified on Your Order Confirmation.
“Services” means the replacement or reimbursement service benefit(s) that may be provided to You under this Plan for Covered Products, as further described below in Section 6.
“You” and “Your” means the original purchaser of the Covered Product and this Plan.
“Zenni” means Zenni Optical, Inc., who can be contacted at {150 Alameda del Prado, Novato, California, 94949}, {1-800-211-2105}, or by email at {service@zennioptical.com}.

COVERAGE TERM.

This Plan begins on the Delivery Date and remains in effect until the Expiration Date (“Term”).
If a Covered Product is being serviced when this Plan expires, coverage will be extended until the applicable Services are completed.
If You experience a defect in your eyeglass frame or lenses during the manufacturer’s warranty and Your product is replaced, You may transfer Your Plan to the replacement product and Your Plan will be extended for an additional 30 days of coverage. You must contact Zenni to transfer your coverage to the replacement product and receive the additional 30 days of coverage.

ELIGIBILITY.

The Covered Product must be in good working order as of the Coverage Start Date and must be properly maintained and operated throughout the Term, in accordance with the manufacturer’s instructions, to be eligible for coverage.
This Plan does not cover losses to a Covered Product that occurred prior to the Coverage Start Date.
The Covered Product will not be eligible for coverage if the serial or model numbers or labels have been removed, defaced, or made illegible.
We may require You to provide Your Plan’s Contract Number, Your Covered Product’s original purchase receipt, and other relevant information to be eligible for coverage. Please keep these documents in a readily accessible location for future use.

COVERED BREAKDOWNS. Subject to this Plan’s limitations and exclusions, We will provide eligible Services for Covered Product(s) upon the occurrence of the following breakdowns, failures, or damages (“Covered Breakdown(s)”).

Mechanical Failures: The Covered Product fails to perform as the manufacturer intended during normal usage due to structural or operational failure(s) caused by defects in materials or workmanship. Mechanical Failures include loose or broken hinges, end pieces, lenses, nose pads or pad arms.
Accidental Damage from Handling (ADH): The Covered Product fails to perform as the manufacturer intendeddue to Accidental Damage from Handling during normal usage, such as accidental drops or liquid spills. During the claims process, ADH coverage requires an explanation of where, when, and how the accidental damage occurred, including a detailed description of the fortuitous event. Failure to provide this information may result in claim denial. ADH includes, but is not limited to cracked, fractured, or shattered lenses or frames. In addition, to the extent Your Covered Product has lenses marketed as damage- or scratch-resistant, ADH also includes scratches or damage impairing the line of vision or Your visual acuity.

For Clarity, a Covered Product fails to perform as the manufacturer intended when the Covered Product, under normal and intended use, fails to function substantially in accordance with the Covered Product’s technical specifications or accompanying documentation, as provided by the manufacturer at the time of the Covered Product’s purchase.

SERVICES.

Subject to this Plan’s limitations and exclusions, if Your Covered Product experiences a Covered Breakdown,We will, at Our sole discretion, provide You with one of the following Services: (1) replace the Covered Product with an item of like-kind and quality or (2) reimburse You for the purchase price You paid for the Covered Product, including any shipping fees and taxes as indicated on Your original sales receipt. The Administrator will inform You what type of Service Your Covered Product qualifies for when You file Your claim.
Service options which may be available and provided to You, in Our sole discretion, are described in more detail below.

Replacement Service: We may replace the Covered Product with an item of like-kind and quality. Product replacement is limited to one (1) replacement per Plan Term. We may require You to send Us pictures of the damage for inspection prior to replacing Your Covered Product. If We replace the Covered Product or reimburse You for the Covered Product, We may, at Our discretion, require the damaged product to be returned to Us (or Our designee) at Our expense.
Reimbursement Service: Subject to the Limit of Liability set forth in Section 7, We may reimburse You up to the price You paid for the Covered Product, including any shipping fees and taxes, as indicated on Your sales receipt or order confirmation. At the Administrator’s discretion, reimbursements may be in the form of a check, ACH payment, prepaid debit/credit cards, gift card, a purchase-only credit to your online account with Seller, or an electronic payment.

Replacement Products.

Any replaced product that You receive under the Covered Product’s limited manufacturer warranty will, upon notification to Zenni, be subject to the remaining Term of Your Plan.
At the Administrator’s sole discretion, replacement products may be new, used, refurbished, non-original, or remanufactured and may not match the exact model or color as the original Covered Product. Refurbished or remanufactured products will be of equal or similar features and functionality that perform to the factory specifications of the original Covered Product. Technological advances or changing market conditions may result in a replacement product with a lower selling price than the original Covered Product.

LIMIT OF LIABILITY.

Our maximum aggregate limit of liability for all covered Services during the Term is: (1) Replacement with a product of like-kind and quality or (2) the purchase price You paid for the Covered Product, shipping, and taxes. If We have met any of the above conditions specified in this Limit of Liability section, We will have fulfilled all Services obligations owed under this Plan and no more Services claims will be eligible for coverage.

HOW TO FILE A CLAIM.

To file a Services claim please send an email to claims@zennioptical.com or call the Zenni at (800) 211-2105. The Administrator will help evaluate the issue and provide You with instructions for filing a claim. Customer service agents will be available to answer Your calls between the hours of 5 a.m. and 9.p.m. Pacific Time, 7 Days a Week. After business hours and during the weekends, You may also leave a voice message describing Your claim, which We will respond to within 48 hours under normal circumstances.
We reserve the right to inspect the Covered Product upon receipt or at the time of Services
Please note that the Administrator must authorize any repairs, replacements, or reimbursements to be eligible for coverage. We may deny any claims or decline to reimburse You for any losses where You fail to follow this Plan’s claims procedures or to receive the Administrator’s approval prior to repair or replacement. If You initiate Service for a non-covered repair or a “no failure found” diagnosis is determined by Us or the Administrator at the time of Service, We may hold You responsible for all costs associated with the claim other any covered inspection or diagnosis fees.
All Services claims must be reported within thirty (30) days from discovery of the Covered Breakdown and prior to the Expiration Date to be eligible for coverage.

EXCLUSIONS. The following is not covered under Your Plan:

Loss or damage covered by Zenni’s standard warranty set forth in its Return Policy, which provides a warranty that {its eyewear will be free of manufacturing defects for a period of {30} days and that anti-reflective (AR) coatings and photochromic films will be free from manufacturing defects for {one (1) year} from the date of purchase}.
Any cost recoverable under any other warranty, guarantee, or insurance policy, in which case, this Plan only provides secondary or excess coverage for Covered Breakdowns, including the cost of any applicable deductible.
Products purchased “as-is” or without a manufacturer or supplier’s written warranty, such as floor or demonstration models.
Covered Products purchased as used, refurbished, or remanufactured devices or where the manufacturer’s original seal had been broken
Loss or damage not covered under or subject to a manufacturer’s recall or similar manufacturer’s incentive or repair program.
Loss or damage (other than ADH) caused by Your failure to follow or adhere to the manufacturer’s operation, care, and maintenance instructions.
Any pre-existing conditions or damages that occurred prior to the Coverage Start Date.
Unauthorized modifications, alterations, or enhancements to the Covered Product (including without limitation by placing non-Zenni lenses into Zenni frames or Zenni lenses into non-Zenni frames).
Loss or damage caused by unauthorized repairs or parts replacements.
Loss or damage to nonfunctional or aesthetic parts, normal wear and tear, and cosmetic damage that does not impact the Covered Product’s proper operation or functionality, not critical to the performance of the Product’s essential function, including but not limited to, tarnishing, scratches, scuff marks, warping, rusting, splitting, cracking, peeling, discoloration, stretching, dents, and chips.
Any accessories, including any cases or containers used to store Your Covered Product or any decorations, embellishments, or monograms You added to Your Covered Product after purchase.
Installations, preventative cleaning, periodic checkups, and maintenance.
Loss or damage caused by any type of abnormal or improper use, abuse, misuse, neglect, or any other use.
Loss or damage caused by intentional, willful, or reckless conduct or use.
Loss or damage that occurs while the Covered Product is being delivered or transported to or from You or while being delivered or transported to or from a carry-in service facility.
Incidental, consequential, or secondary damages including but not limited to loss of use, loss of profits, or any damages arising from delays in requesting or rendering Services under this Plan.
Loss or damage caused by external causes of any kind (other than ADH) including but not limited to war, invasion, rebellion, riot, strike, labor disturbance, lockout, civil commotion, fire, theft, vandalism, insects, pandemic, epidemic, animals, exposure to weather, environmental conditions, terrorism, windstorm, rust, corrosion, sand, dirt, hail, earthquake, flood, water, or acts of God.
Covered Products that are lost or stolen.
Covered Products purchased outside of the United States.
Claims that are not initiated within thirty (30) days from the Covered Breakdown and prior to the Coverage Expiration Date.
Covered Products with removed or altered serial numbers.
Any Covered Product used in a “Commercial Setting”. A “Commercial Setting” is defined as any location other than a residential single-family dwelling, including but not limited to, business, educational, industrial, or rental properties (e.g., Airbnb, VRBO, etc.).
Covered Products in which You have no interest in the ownership or use of including but not limited to leased or rented products.
Consumable items normally designated to be replaced periodically by You or consumed during the life of the Covered Product.
On-site repair services for Covered Products that are located outside the United States.
Eye exams or other medical expenses associated with obtaining replacement eyewear.
Cleanings, adjustments, and fittings.
Repair or replacement of eyewear due to outgrowth of eyewear, a change in optical prescription or any other medical reason.
Loss or damage caused by pets or chemicals.
Loss or damage caused by the bending or twisting of flexible or titanium frames.
Loss or damage caused by tampering with the eyeglass frame elements designed to secure lenses and eyeglass arms.
We shall not provide coverage and We shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim, or provision of such benefit would expose the Obligor, its parent company, or its ultimate controlling entity to any sanction, prohibition, or restriction under United Nations resolutions or the trade or economic sanctions, laws, or regulations of the European Union or the United States of America.

CANCELLATION

You may cancel this Plan for any reason and at any time by emailing Zenni at {claims@zennioptical.com} or calling Zenni at t {(800) 211-2105} between the hours of 5 a.m. and 9 p.m. Pacific Time, 7 days a week. You may also mail Zenni a notice of cancellation to 150 Alameda del Prado, Novato, California, 94949.
If You request to cancel this Plan within thirty (30) days from the Plan Purchase Date without making any claims (“Free Look Period”), You will be refunded the full Plan Price.
If You request to cancel this Plan within thirty (30) days from the Plan Purchase Date after making a claim or after thirty (30) days from the Plan Purchase Date, You will receive at least a pro-rata refund of the Plan Price based on the elapsed Term, less the costs of any services or claims made.
We may cancel this Plan upon at least thirty (30) days prior written notice. If We cancel this Plan, a pro rata refund of the Plan Price will be issued for the unexpired Term, less the costs of any claims paid. The notice of cancellation will include the reason and the effective date of cancellation.
If this Plan was inadvertently sold to You on a product that was not intended to be covered by this Plan, We may cancel this Plan immediately upon notice and return the full Plan Price to You
In the event of reasonable suspicion of fraud, material misrepresentation, or a substantial breach of Your duties under this Plan, We may cancel this Plan immediately and without prior notice and We may demand immediate payment of the cost of all services provided to You, less Your payments made, and no refund of any kind will be issued.
In the event of non-payment by You, We may cancel this Plan immediately and without prior notice.

MISCELLANEOUS

Transferability. This Plan is nontransferable or assignable by You to a new contract holder.
Subrogation. If We make any payment under this Plan, We are entitled to recover what We paid from other responsible parties. By accepting settlement of a claim, You transfer to Us Your right to recovery against any other party.
Entire Agreement. This Plan represents the entire contract between You and Us with respect to the subject matter herein. Neither the Seller, Administrator, nor any other agent has authority to change this Plan or to waive any of its provisions. No other written or oral statement applies to this Plan. No coverage will be provided under this Plan if any information that You, or anyone claiming benefits hereunder, provides is determined to be false, misleading, or intentionally omitted.
Independent Contractors. We are not a service provider, technician, or product retailer. Any repair, replacement, and supplemental technical support services will be performed by independent, third-party contractors.
Insurance Policy. This Plan is a service contract and not an insurance policy or contract. However, We secure Our fulfillment obligations and risks through an insurance policy issued by Illinois National Insurance Co., 500 W. Madison St., Ste. 3000, Chicago, IL 60661, Ph: (800) 250-3819 in all covered states except for AR, CA, FL, MS, NC, NY, OK, and VA where the insurance policy is issued by New Hampshire Insurance Company, 1271 Ave of the Americas, Floor 41, New York, NY 10020, Ph: (800) 250-3819. If within 60 days We have not paid a claim, provided You with a required refund, or You are otherwise dissatisfied, or We are no longer a going concern, become insolvent, or are otherwise financially impaired, You are entitled under state law to make a claim directly to the insurer by contacting the insurer at the address or phone number listed above. Please enclose a copy of Your Plan when sending correspondence to the insurer
Privacy Policy. We respect Your privacy. For information on Our privacy policy, please visit https://www.aig.com/privacy-policy.
Assignment. We may assign this Plan, in whole or in part, at any time without prior notice to You. We may delegate or assign any of Our obligations at Our sole discretion and without Your consent provided We give You at least 30 days’ prior written notice of any material changes. You may not change this Plan or delegate any of Your obligations.
Changes to the Plan: WE MAY CHANGE THE PLAN PRICE, ADMINISTRATION OF THE PLAN OR THESE TERMS AND CONDITIONS FROM TIME TO TIME UPON THIRTY (30) DAYS WRITTEN NOTICE TO YOU. SUCH NOTICE MAY BE PROVIDED IN A SEPARATE MAILING OR EMAIL OR BY ANY OTHER REASONABLE METHOD. IF YOU DO NOT AGREE TO THE MODIFIED CHARGES OR TERMS OF THE PLAN, YOU MAY CANCEL THE PLAN BY NOTICE TO US OR THE ADMINISTRATOR AT ANY TIME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. THE PAYMENT OF APPLICABLE CHARGES BY YOU, OR A REQUEST FOR SERVICE UNDER THE PLAN, AFTER RECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMS AND CONDITIONS WILL BE DEEMED TO BE ASSENT BY YOU TO THE CHANGE(S) IN THE CHARGES, TERMS OR CONDITIONS.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM OUR OBLIGATIONS UNDER THIS PLAN, INCLUDING THE FOLLOWING: COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA; FAILUE TO MAINTAIN DATA CONFIDENTIALITY; LOSS OF USE, INCLUDING LOSS OF USE WHILE THE COVERED PRODUCT IS BEING REPAIRED OR REPLACED; OR ANY LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT), REVENUE, OR ANTICIPATED SAVINGS. OUR MAXIMUM LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THIS PLAN SHALL NOT EXCEED THE PLAN’S LIMITS OF LIABILITY, REGARDLESS OF WHETHER THE UNDERLYING ACTION IS IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Severability. If any provision of this Plan is held invalid, illegal, or unenforceable in any respect under applicable laws, the validity, legality, and enforceability of the remaining provisions of this Plan shall not in any way be affected or impaired thereby.

ARBITRATION & CLASS ACTION WAIVER

READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS OF YOURS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES IN COURT AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS.

YOU, WE AND THE ADMINISTRATOR AGREE TO RESOLVE ANY DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION, EXCEPT AS FOLLOWS: ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS.

Under this provision, “Dispute” includes any claim or controversy arising out of or relating in any way to this Plan— whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.

This Arbitration Agreement is subject to and governed by the Federal Arbitration Act (“FAA”). This Arbitration Agreement is intended to be broadly interpreted and shall survive any termination or cancellation of this Plan. This Arbitration Agreement applies to Us and this Plan's Insurer, Administrator, and Seller and each of Our respective parents, subsidiaries, affiliates, agents, employees, successors, and assignees.

You, We and the Administrator agree to waive the right to participate in class actions or representative proceedings. However, this Arbitration Agreement does not preclude You from bringing an individual action against Us in small claims court, so long as the dispute is pursued on an individual rather than a class-wide basis.

You agree that all disputes shall be finally settled through binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. The seat of the arbitration will be decided pursuant to the JAMS Rules. You, We and/or the Administrator may elect to appear at the arbitration in person or, if You, We and/or the Administrator agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.

You will have the right to use legal counsel in connection with arbitration at Your own expense. You, We and/ or the Administrator shall select a single neutral arbitrator in accordance with the JAMS Rules. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You, We and the Administrator also agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

STATE-SPECIFIC DISCLOSURES:

Arkansas, Georgia, Hawaii, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Jersey,South Carolina, Wisconsin and Wyoming: The following statement is added to Section 10(c): “If You cancel Your Plan during the Free Look Period without making any claims and do not receive a full refund or credit within fortyfive (45) days of Our receipt of the returned Plan, a ten percent (10%) penalty per month shall be applied to the refund owed to You. The right to void the service contract during the Free Look Period is not transferable and applies only to the original contract purchaser.”

Arizona: In the event You do not receive satisfaction under this Plan, You may contact the Arizona Department of Insurance and Financial Institutions’ Consumer Protection Division at [100 N. 15 Ave., Suite 261, Phoenix, AZ 85007- 3630] or by calling [602-364-3100]. The following is added to Section 10: “If this Plan is cancelled pursuant to this paragraph, You will receive a pro-rata refund after deducting for claims paid and administration expenses associated with the cancellation. The administrative expenses may not exceed ten percent (10%) of the gross amount paid by You for the Plan or seventy-five dollars ($75), whichever is less.” Section 10(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon at least thirty (30) days prior written notice. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Plan, cancellation may be immediate and without prior notice. We may not cancel or void this Plan for any of the following reasons: (1) Preexisting conditions that were known or that reasonably should have been known by Us or Our subcontractors; (2) prior use or unlawful acts relating to the product; or (3) misrepresentation by Us or Our subcontractors. Neither We, Our assignees, nor Our subcontractors may cancel or void coverage under this Plan due to Our failure to provide correct information or Our failure to perform the services or repairs provided in a timely, competent, and workmanlike manner.” Section 11(h) is deleted in its entirety and replaced with the following: “WE MAY CHANGE THE PLAN PRICE, ADMINISTRATION OF THE PLAN OR THESE TERMS AND CONDITIONS AT RENEWAL FOLLOWING APPROVAL BY THE ARIZONA DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS AND UPON THIRTY (30) DAYS WRITTEN NOTICE TO YOU. SUCH NOTICE MAY BE PROVIDED AS IN A SEPARATE MAILING OR EMAIL OR BY ANY OTHER REASONABLE METHOD. WE MAY CHANGE THE PLAN PRICE UPON THIRTY (30) DAYS WRITTEN NOTICE TO YOU. SUCH NOTICES MAY BE PROVIDED AS IN A SEPARATE MAILING OR EMAIL OR BY ANY OTHER REASONABLE METHOD. IF YOU DO NOT AGREE TO THE MODIFIED CHARGES OR TERMS OF THE AGREEMENTPLAN, YOU MAY CANCEL THE PLAN BY NOTICE TO US OR THE ADMINISTRATOR AT ANY TIME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. THE PAYMENT OF APPLICABLE CHARGES BY YOU, OR A REQUEST FOR SERVICE UNDER THE PLAN, AFTER RECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMS AND CONDITIONS WILL BE DEEMED TO BE ASSENT BY YOU TO THE CHANGE(S) IN THE CHARGES, TERMS OR CONDITIONS”

Arkansas: A claim against Us may include a claim for the return of the unearned provider fee. Sections 10(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon thirty (30) days written notice. However, if the reason for cancellation is nonpayment of the provider fee, material misrepresentation, or a substantial breach of Your duties relating to a Covered Product or its use, We may cancel this Plan immediately without any prior notice to You. Unless the cancellation is for nonpayment, We will provide You with a pro rata refund of the unearned portion of the provider fee, less the amount or value of any claims paid, if We cancel the Plan.”

California: For information regarding Our privacy practices and Your rights under the California Consumer Privacy Act, please visit https://www.aig.com/privacy-policy. Section 10(b) is replaced with the following: “Cancellation requests made within sixty (60) days from the start of the coverage Term or within thirty (30) days from receipt of the Plan, whichever is later, will receive a 100% refund of the full Plan Price if no claim has been made under the Plan. If You are not refunded or credited the amount You paid within thirty (30) days, a ten percent (10%) penalty per annum will be added to the refund for each thirty (30) days or fraction thereof until the refund is paid. This only applies to the original Plan purchaser and is not transferable.” Section 10(c) is replaced with the following: “For cancellation requests made more than sixty (60) days from the start of the coverage Term or after thirty (30) days from receipt of the Plan, whichever is later, or if a claim was made under the Plan within the first sixty (60) days, You will receive at least a pro-rata refund of the Plan Price based on the elapsed coverage Term. In addition, the Administrator may assess a cancellation or administrative fee, not to exceed ten (10) percent of the price of the Plan or twenty-five ($25) dollars, whichever is less.” This Plan may be canceled by You for any reason, including the Covered Product being sold, lost, stolen or destroyed. California residents may submit complaints to the Bureau of Household Goods and Services (BHGS) by calling (916) 999-2041, or writing to 4244 S. Market Ct. Ste. D, Sacramento, CA 95834, or by visiting www.bhgs.dca.ca.gov.

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

Connecticut: If Your term of coverage is less than one (1) year, this Plan is automatically extended while the product is being repaired. You may cancel this Plan if You return the product or the product is sold, lost, stolen, or destroyed. If We are unable to resolve any disputes with You regarding this Plan, You may file a written complaint to the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must describe the dispute, identify the price of the product and cost of repair, and include a copy of this Plan. In-Home services are available.

Florida: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. Sections 10(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon at least thirty (30) days prior written notice mailed to Your last known address. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Plan, Our cancellation may be immediate. If We cancel this Plan, We will refund 100% of the unearned pro rata premium, less any claims paid.”

Georgia: Sections 10(d) through (g) are replaced with the following: “If You request cancellation of the Plan within thirty (30) days from the Plan Purchase Date, You will be refunded the full Plan Price less claims paid. If You cancel the Plan after thirty (30) days from the Plan Purchase Date, You will be refunded the unearned pro-rata Plan Price less claims paid.” Sections 10(d) through (g) are replaced with the following: “We may only cancel this Plan for fraud, material misrepresentation, or failure to pay any amounts due. We will provide You with written notice of such cancellation, which will be effective at least thirty (30) days from date of mailing such notice. If We cancel this Plan, We will refund any unearned portion of the Plan price on a pro rata basis, less any claims paid. If a claim covered by this Plan is also covered by another service contract, then the claim will be paid on a pro-rata basis with such other service contract. If a claim covered by this Plan is covered by an insurance policy, manufacturer’s warranty, or recall, or is the subject of any legal action, We shall pay only for the amount of the cost to repair or replace such covered product in excess of the amount due from that other insurance policy, manufacturer’s warranty, recall, or legal action. In no event, however, shall We pay more than the applicable Limit of Liability.” Arbitration is nonbinding in Georgia. For any claim that is not arbitrated or brought in small claims court, it will be resolved in a state or federal court with proper jurisdiction based on the county where the contract holder resides.

Illinois: Sections 10(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon at least thirty (30) days prior written notice. If We cancel this Plan, a pro-rata refund will be issued for the unexpired term, less the costs of any claims paid. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Plan, cancellation may be immediate and without prior notice. The notice of cancellation will include the reason and the effective date of cancellation. If this Plan is cancelled at any time, We may retain a cancellation fee not to exceed the lesser of 10% of the service contract price or $50. The obligor, AIG WarrantyGuard, Inc., is the party responsible for honoring cancellation requests.”

Maine: The following is added to Section 10: “If You cancel this Plan during the Free Look Period without making any claims and We do not provide the full refund within forty-five days after Your return of the service contract to Us, a 10% penalty per month will be added to the applicable refund. The right to void the service contract during the Free Look Period is not transferable and applies only to the original contract purchaser.” Section 10(c) is replaced with the following: “If You terminate this Plan within thirty (30) days from the Plan Purchase Date after making a claim or terminate this Plan after thirty (30) days from the Plan Purchase Date, You will receive a pro rata refund based on the time expired, less the cost of any claims made. We may also charge You a reasonable administrative fee, not to exceed 10% of the contract price.” Sections 10(d) through (g) are replaced with the following: “We may cancel this Plan by providing You with at least 15 days prior written notice of cancellation mailed to Your last known address. If We cancel this Plan for any reason other than nonpayment of the provider fee, We will refund 100% of the unearned pro rata provider fee, less any claims paid. We may also charge You an administrative fee for the cancellation, not to exceed 10% of the provider fee.”

Washington D.C.: The following is added to Section 10: “If You cancel this Plan during the Free Look Period without making any claims and We do not provide the full refund within forty-five days after Your return of the service contract to Us, a 10% penalty per month will be added to the applicable refund. The right to void the service contract during the Free Look Period is not transferable and applies only to the original contract purchaser.” Section 10(c) is replaced with the following: “If You terminate this Plan within thirty (30) days from the Plan Purchase Date after making a claim or terminate this Plan after thirty (30) days from the Plan Purchase Date, You will receive a pro rata refund based on the time expired, less the cost of any claims made. We may also charge You a reasonable administrative fee, not to exceed 10% of the contract price.”

Minnesota: Sections 10(d) through (g) are replaced with the following: “We reserve the right to cancel this Plan upon thirty (30) days written notice. However, in the event of reasonable suspicion of fraud, material misrepresentation, failure to pay, or a substantial breach of Your duties under this Plan, cancellation may be made upon at least five days written notice to You. If We cancel this Plan, a pro-rata refund will be issued for the unexpired term, less the costs of any claims paid. In the event of cancellation for reasonable suspicion of fraud or material misrepresentation, We may demand immediate payment of the cost of all services provided to You, less any payments made, and no refund of any kind will be issued. The notice of cancellation will include the reason and the effective date of cancellation.”

Nevada: Sections 10(d) through (g) are replaced with the following: “You are entitled to a “Free Look” period for this Plan. If Your Plan does include a WAIT PERIOD and You decide to cancel this Plan within thirty (30) days of purchase, You are entitled to a one hundred percent (100%) refund of any fees paid. If Your Plan is not subject to a WAIT PERIOD and You have not made a claim, You may cancel this Plan within the first thirty (30) days of receipt and receive a full refund. Otherwise, if You have made a claim or If You cancel this Plan after thirty (30) days from purchase, Your Coverage will terminate and You will receive a pro-rata refund based on the days remaining. No cancellation of this Plan by Us may become effective until at least fifteen (15) days after a notice of cancellation is mailed to You at Your last known address. If the contract has been in effect for seventy (70) days or more, We can only cancel this Plan due to (1) unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Plan, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Plan was issued or last renewed; (2) Discovery of fraud or material misrepresentation by the holder in obtaining the service contract, or in presenting a claim for service; (3) An act or omission by You or a violation by You of any condition of the service contract, which occurred after the effective date of the service contract and which substantially and materially increases the service required under the service contract. If We cancel this Plan You will receive a pro-rata refund based on the days remaining, no cancellation fee will be imposed and no deduction for claims paid will be applied. The EXCLUSIONS section contains exclusions and limitations to coverage but not reasons for which the contract itself may be cancelled. No deductions of any type shall be made from any refund owed as a result of cancellation or buyout.” If You are not satisfied with the manner in which We are handling Your claim, You may contact the Commissioner of the Division of Insurance at [1-888-872-3234]. Section 11(h) is deleted in its entirety and replaced with the following: “WE MAY CHANGE THE ADMINISTRATION OF THE PLAN OR THESE TERMS AND CONDITIONS AT RENEWAL FOLLOWING APPROVAL BY THE NEVADA DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS AND UPON THIRTY (30) DAYS WRITTEN NOTICE TO YOU. WE MAY CHANGE THE PLAN PRICE AT RENEWAL UPON THIRTY (30) DAYS WRITTEN NOTICE TO YOU. SUCH NOTICES MAY BE PROVIDED AS IN A SEPARATE MAILING OR EMAIL OR BY ANY OTHER REASONABLE METHOD. IF YOU DO NOT AGREE TO THE MODIFIED CHARGES OR TERMS OF THE PLAN, YOU MAY CANCEL THE PLAN BY NOTICE TO US OR THE ADMINISTRATOR AT ANY TIME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. THE PAYMENT OF APPLICABLE CHARGES BY YOU, OR A REQUEST FOR SERVICE UNDER THE PLAN, AFTER RECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMS AND CONDITIONS WILL BE DEEMED TO BE ASSENT BY YOU TO THE CHANGE(S) IN THE CHARGES, TERMS OR CONDITIONS.

New Jersey: The use of refurbished, reconditioned, or non-original manufacturer’s parts is permitted.

New York and Washington: The following paragraph is added to Section 10: “If You cancel this Plan during the Free Look Period without making any claims and We do not provide the full refund within thirty days after Your return of the Plan, a 10% penalty per month will be added to the refund. The right to void the Plan during the Free Look Period is not transferable and applies only to the original contract purchaser.”

Oklahoma: This is not an insurance contract. Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial-use references in a service warranty contract. This Plan is not issued by the manufacturer or wholesaler company marketing the product. The Obligor is AIG Warranty Services of Florida, Inc., Oklahoma License No. 44200930. The term “etc.” is stricken from this contract. Sections 10(b) through (g) are replaced with the following: “If Your Plan is subject to a WAIT PERIOD and You cancel this Plan within the first thirty (30) days of receipt, You will receive a full refund. If Your Plan is not subject to a WAIT PERIOD and You have not made a claim, You may cancel this Plan within the first thirty (30) days of receipt and receive a full refund. Otherwise, if You have made a claim or If You cancel this Plan after thirty (30) days, Your Coverage will terminate, and You will receive a refund based on one hundred percent (100%) of the unearned pro rata premium, less a cancellation fee of ten percent (10%) of the unearned pro rata premium. No claim incurred or paid, nor any repair made, will be deducted from the amount to be returned in the event of cancellation. We may not cancel this Plan except for reasonable suspicion of fraud, material misrepresentation, or nonpayment by You. Notice of such cancellation will be mailed to You at least thirty (30) days prior to cancellation. If We cancel this Plan, We will refund one-hundred percent (100%) of the unearned pro-rata premium.

Oregon: AIG WarrantyGuard, Inc.’s license number in Oregon is 208059. Section 12 is deleted in its entirety and replaced with the following: “Most of Your concerns about the Plan can be addressed simply by contacting Us at [800- 250-3819]. In the event we cannot resolve any dispute, You and We may, in a separate agreement, consent to arbitration. Any arbitration proceedings shall be conducted under local rules as required under ORS Chapter 36. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER SIMILAR PROCEEDING.” In the event of an emergency and service is required for the Breakdown of Your Covered item outside of the Administrator’s normal business hours, You may arrange for a licensed repair provider of Your choice to perform the repair and submit the invoice to Us for reimbursement in accordance with the Plan terms.

South Carolin: In the event of a dispute with the provider of this contract, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201, Telephone #: (803) 737-6160.

Texas: A ten (10%) percent penalty per month will be added to a refund that is not made within forty-five (45) days of return of the Plan to Us. You may cancel this Plan after the time periods above or after You have made a claim for service by returning the Plan to the Administrator and receive a pro-rata refund of the Plan price less any claims that have been paid. Unresolved complaints concerning a provider or questions concerning the registration of a service contract provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-6599 or (800) 803-9202 (in Texas). The Provider is AIG WarrantyGuard, Inc., 500 W. Madison Street, Ste. 3000, Chicago, IL 60661.

Utah: This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Plan is not guaranteed by the Property and Casualty Guarantee Association. Proof of loss should be furnished by You to Us as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Plan does not invalidate or reduce a claim. Sections 10(d) through (g) are replaced with the following: “We may cancel this Plan during the first sixty (60) days of the initial term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation, except that We may also cancel this Plan during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel the Plan by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) Material misrepresentation; (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (c) substantial breaches of contractual duties, conditions, or warranties.” The following is added to Section 12: “ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION OR OTHER RECOGNIZED ARBITRATOR, A COY OF WHICH IS AVAILABLE ON REQUEST FROM THE COMPANY. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARIBRTRATION AWARD MAY INCLUDE ATTORNEY’S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGEMENT IN ANY COURT OF PROPER JURISDICATION.” In the event emergency service is required for the Covered Breakdown of Your Covered Item outside of the Administrator’s normal business hours, You may arrange for a licensed repair provider of Your choice to perform the repair and submit the invoice to Us for reimbursement in accordance with the Plan terms.

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

Washington: Sections 10(d) through (g) are replaced with: “In the event of nonpayment, reasonable suspicion of fraud, material misrepresentation or if required to do so by a regulatory authority, We may cancel this Plan with twenty-one (21) days prior written notice. A pro rata refund will be issued for the unexpired coverage Term, less the costs of any claims paid. The notice of cancellation will include the reason and the effective date of cancellation.” You are not required to wait before filing a claim directly with the insurer of this Plan. The commissioner is the Provider’s attorney to receive service of legal process in any action, suit, or proceedings in any court. The obligations of the Provider under this Plan are insured by Illinois National Insurance Co., 500 W. Madison St., Ste. 3000, Chicago, IL 60661. You may make a claim directly with Illinois National Insurance Co. who insures the obligations of the Provider under this Plan at the foregoing address. Any arbitration proceedings initiated, brought, or required under Section 14 of this Plan will be held at a location in closest proximity to the service contract holder’s permanent residence.

Wisconsin Residents: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Section 10(c) is replaced with the following: “If You cancel this Plan within thirty (30) days from the Plan Purchase Date after making a claim or cancel this Plan after thirty (30) days from the Plan Purchase Date, Your Coverage will terminate at the end of Your current Term and We will refund 100% of the unearned pro rata provider fee, less the costs of any claims made and a reasonable administrative fee for cancellation, not to exceed 10% of the provider fee.” Section 10(d) through (g) is replaced with the following: “We may only cancel this Plan for nonpayment of the provider fee, material misrepresentation by You to Us or the Administrator, or substantial breach of duties by You relating to the covered product or its use. We will mail written notice of cancellation to Your last known address at least five (5) days prior to cancellation by Us, which shall state the effective date of cancellation and the reason for cancellation. If We cancel this Plan for any reason other than nonpayment of the provider fee, We will refund 100% of the unearned pro rata provider fee, less any claims paid and a reasonable administrative fee for cancellation, not to exceed 10% of the provider fee.” The following is added to Section 10: “In the event of total loss of covered property that is not covered by a replacement of the property under this Plan, You may cancel this Plan and receive a pro rata refund of any unearned provider fee, less any claims paid.” We will not deny Your claim solely because You did not obtain preauthorization if We are not prejudiced by Your failure to notify Us. The “Subrogation” section does not apply to Wisconsin. The service contract provider is AIG WarrantyGuard, Inc. 500 W. Madison Street, Ste. 3000, Chicago, IL 60661. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.

TERMS AND CONDITIONS OF ZENNI EYEWEAR PROTECTION PLAN

Take 15% Off Your First Order