PLAN IS NOT TRANSFERABLE, NO ASSIGNMENT OF BENEFITS
This Plan, together with all its benefits and rights accruing to You, are NOT
transferable or assignable. This prohibition against transfer and assignment of
benefits and rights under this Plan includes, for example, any rights You may have
to litigate or otherwise file a suit or legal action under or arising from this
Plan. In the event that a court or regulatory body of competent jurisdiction
determines that You may transfer, hypothecate, or assign any benefits or rights
accruing to You under this Plan, You agree that We shall have the exclusive and
first right to purchase all of Your rights and benefits under this Plan for ten
($10.00) dollars, which You acknowledge is good, adequate, and valuable compensation
for such rights and benefits. Furthermore, You agree that in the absence of a
determination by a court or regulatory body, if you attempt to transfer,
hypothecate, or assign any of Your rights under this Plan, that We shall have the
first right of purchase of all Your rights and benefits under this Plan for ten
($10.00) dollars, which You agree is good and valuable consideration received for
such rights and benefits.
OUR LIABILITY LIMITS
The limit of liability under this Plan is the lesser of (a) the amount that You
paid for the covered and damaged/non-functional Item excluding sales tax, delivery,
and handling or (b) five thousand ($5,000.00) dollars, which means that Our maximum
liability and obligation to pay or service claims under this Plan shall in no event
exceed five thousand ($5,000) dollars. This Plan expires upon the earliest of the
term of the Plan expiration date shown on the last page of this Plan or payment of
compensation to You for an Item covered by this Plan, or, in lieu of compensation,
replacement of an Item covered by this Plan.
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN CONTRACT, TORT, OR NEGLIGENCE, INCLUDING LOSS OR DAMAGE TO
PERSON OR PROPERTY ARISING FROM THE USE OF, OR INABILITY TO USE, OR FROM THE REPAIR
OR REPLACEMENT OF AN ITEM.
CLASS ACTION WAIVER
EACH PARTY HEREBY AGREES TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY
CLAIM OF DISPUTE AS A CLAS ACTION PROCEEDING, WHETHER IN LAW OR EQUITY, EITHER AS A
MEMBER OF A CLASS OR AS A REPRESENTATIVE, REGARDLESS OF WHICH PARTY BRINGS SUIT, OR
TO ACT AS A PRIVATE ATTORNEY GENERAL. THIS WAIVER SHALL APPLY TO ANY MATTER
WHATSOEVER BETWEEN THE PARTIES (INCLUDING OUR AFFLIATES AND ASSIGNS) WHICH ARISE OUT
OF OR ARE RELATED IN ANY WAY TO THIS PLAN, OUR PERFORMANCE UNDER THIS PLAN, OR OUR
AGENT'S PERFORMANCE UNDER THIS PLAN.