Customer Service

Plan

TERMS AND CONDITIONS

This Service Plan is not an insurance contract.

1. DEFINITIONS: The following terms shall have the following meaning:
   

   Service Plan Provider/We/Us/Our means the entity that is contractually obligated to You under the terms of this Service Plan.  The Service Plan Provider is UNITED SERVICE PROTECTION, INC., P.O. Box 105689, Atlanta, GA 30348-5689. This Service Plan is between You and Us.

   Service Plan means this extended service plan, which You have purchased for the Merchandise described on Your sales slip.

   Service Plan Holder/You/Your means the original customer who purchased the Merchandise or original receiver of the Merchandise, in the case of a gift, covered by the Service Plan.

   Your name:
   Your address:

   Kay Jewelers means the store where You purchased the Merchandise and this Service Plan.

   Plan Price means the consideration paid by You for this Service Plan.

   Merchandise shall mean the merchandise identified on Your sales slip as covered by the Service Plan.

2. LENGTH OF COVERAGE: This Service Plan shall commence from the date the Service Plan is purchased (as shown on Your sales slip) and shall continue for the lifetime of the Service Plan holder. The Service Plan is void if the Merchandise is used as a trade-in toward another item.  A new Service Plan would need to be purchased on the new item.

3. WHAT IS COVERED: This is a repair plan. In consideration of Your payment of the Plan Price, We will furnish labor and parts necessary to maintain the Merchandise in a usable and wearable condition, provided such service is necessitated by Merchandise wear during normal usage of the Merchandise under the conditions for which it was designed.

The Service Plan coverage includes, but is not limited to, the following services, subject to the other terms and conditions of the Service Plan:  ring sizing, refinishing and polishing, rhodium plating white gold, earring repair, chain soldering, resetting your diamonds and gemstones.

4. IF YOU NEED SERVICE: To obtain authorized service under the Service Plan, the Merchandise may be taken to any Kay Jewelers store location. This requirement applies to all in-store and online purchases of the Service Plan.  All repairs shall be completed by Us or by such other repair center of Our choice. Unauthorized repairs or service (meaning any modifications, alterations, repairs or service by anyone other than Us or a repair center authorized by Us) can void Service Plan coverage.

5. DEDUCTIBLE: You are not required to pay any deductible under this Service Plan.

6. LIMIT OF LIABILITY: Our total liability under this Service Plan is the purchase price paid for the Merchandise as shown on the sales slip. In the event that the total value of all authorized services We provide under the Service Plan exceeds the purchase price of the Merchandise (as shown on Your sales slip), We shall have satisfied all obligations owed under the Service Plan.

   IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, NO MATTER WHAT THE CAUSE, INCLUDING DELAY IN RENDERING SERVICE UNDER THIS PLAN, OR LOSS OF USE DURING THE PERIOD THAT THE MERCHANDISE IS BEING REPAIRED OR OTHERWISE AWAITING PARTS.

7. PARTS: Parts may be replaced with non-original manufacturer's parts, of like kind and quality.

8. WHAT IS NOT COVERED: This is not a replacement plan. Watches and the replacement of diamonds or gemstones are not covered under the Service Plan. Nothing herein shall obligate Us to repair or replace materials resulting from excessive or abusive treatment of the Merchandise other than normal wear and tear. This Service Plan does not cover loss or theft of the Merchandise or damage resulting from loss, theft, misuse, abuse, or Act of God. If You purchase the Service Plan after You purchase the Merchandise, the Service Plan does not cover pre-existing conditions in the Merchandise that occurred after You purchased the Merchandise and prior to the effective date of the Service Plan.

   The Service Plan does not replace, but supplements, any other warranties/guarantees applicable to the Merchandise. You must and shall perform all maintenance on the Merchandise required by any applicable underlying warranties/guarantees to maintain the Merchandise in usable and wearable condition, as provided in said warranties/guarantees. Damage resulting from failure to comply with recommended services and/or maintenance under such warranties/guarantees is not covered by this Service Plan.

9. TRANSFER: This Service Plan is only for the benefit of the original customer or original receiver of Merchandise, in the case of a gift. It is not transferable to anyone else. The Provider may assign and transfer the rights and obligations under this Service Plan to another qualified 634 company, without Your express written consent, upon the approval of the appropriate regulatory authority of the state of Florida.

10. CANCELLATION:

    Cancellation by You. You may cancel the Service Plan for any reason at any time by visiting any Kay Jewelers location or, in writing, to the Service Plan Provider listed above. If you request cancellation within thirty (30) days of the original purchase date of the Service Plan (as shown on your sales slip) and no services have been provided to You under the Service Plan, then the Service Plan is void and You will receive a full refund of the Plan Price.

    If You request cancellation of the Service Plan more than thirty (30) days after the original purchase date of the Service Plan or after You have received services under the Service Plan then You will receive a refund equal to ninety percent (90%) of the unearned pro rata Purchase Price, less any claims paid or less the cost of any repairs made (based on an assumed duration of the Service Plan, solely for cancellation purposes, of sixteen (16) years), less the value of any Plan services received.

    A ten percent (10%) penalty per thirty (30) day period shall be added to any cancellation refund that is not paid or credited to You by Us within thirty (30) days after the date of cancellation.

    Cancellation by Us.We may not cancel the Service Plan except for non-payment, fraud, and material misrepresentation by You. Notice of cancellation by Us will be sent to You at least thirty (30) days prior to cancellation, and will state the effective date and reason for cancellation. If We cancel the Service Plan, You will receive a prorated refund of the Plan Price (based on an assumed duration of the Plan, solely for cancellation purposes, of sixteen (16) years), less the value of any Service Plan services received. No claim paid or incurred or cancellation fees shall be deducted from any refund owed.

11. YOUR OBLIGATIONS:

    You must provide the care and maintenance of the Merchandise. You must maintain possession of Your sales slip, which will serve as identification of Service Plan purchase as well as identification of Merchandise covered.

    ARBITRATION: READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY.  IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.

    As used in this Provision, "You" and "Your" mean the person or persons named in this Service Plan, and all of his/her heirs, survivors, assigns and representatives.  "We" and "Us" shall mean the Service Plan Provider identified above and shall be deemed to include all of its agents.

    Any and all claims, disputes, or controversies of any nature whatsoever (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with (1) this Service Plan or any prior Service Plan, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Service Plan ("Claim"), shall be resolved by binding arbitration before a single arbitrator.  All arbitrations shall be administered by the American Arbitration Association ("AAA") in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed.  The terms of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator.  The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. The arbitration shall be held at a location selected by Us within the state in which this Service Plan was purchased.  This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision, except that in no event shall this Provision be amended or construed to permit arbitration on behalf of a group or class. This Provision shall inure to the benefit of and be binding on You and Us and its Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Service Plan.

    You agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims.

    You and We Understand and agree that because of this PROVISION neither You nor Us will have the right to go to court except as provided above or to have a jury trial or to participate as any member of a class of claimants pertaining to any claim.

    While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. The arbitration action will take place in the county where the insured resides.

    To review the General Privacy Policy of United Service Protection, Inc., an Assurant Solutions company, please visit our website at http://www.assurantsolutions.com/privPolGeneral.html.
    
    FW8476-0209