Surge Protection Plan

Surge Protect Terms & Conditions

1. Coverage: This service plan contract (“Contract”) will reimburse you for the cost of replacement or repair of damage caused by a power surge to the following items owned by you (each a “Product”): (1) Refrigerator; (2) Freezer; (3) Microwave; (4) Range/Cooktop; (5) Dishwasher; (6) Washer; (7) Dryer; (8) Television; (9) DVD Player; (10) Home Telephone; (11)Home Computer; (12) Stereo/Speakers; (13) Gaming Console; (14) Coffee Machine; (15) Home Security (wired only) and which are used primarily by you at your residence (which is the address of your residential account). “Power surge” is defined as an unexpected, uncontrollable burst of unwanted electricity on a circuit which can result in or cause Product failure.

Throughout this Contract, the words “we,” “us,” and “our” refer to Constellation Home Products & Services, LLC dba “Constellation Home” in Maryland. The words “you” and “your” refer to you, the service plan holder, as identified on this Contract. This is not a contract for insurance.

2. Term; Renewals: Coverage under this Contract begins on the date stated on the cover page (the “Start Date”). You will be billed for the Initial Term in accordance with your election on the cover page. Unless you opt out on the front page of the Terms and Conditions, this Contract will automatically renew after the Initial Term, your coverage will continue on a month-to-month basis until terminated by either party. We will send you a notice of renewal at least 30 days before the end of the Initial Term. The renewal notice will include any changes to the Contract terms, conditions, or price.

3. Exclusions. Coverage does not apply to: (1) any items other than the Products listed above or Products over ten (10) years old; (2) Products not fully functional on the Start Date or with pre-existing conditions; (3) Liquid immersion of any kind or failure due to general environmental conditions including, but not limited to, water, rust, corrosion, mold or dust; or anima l or insect damage; (4) improper electrical wiring and connections; improper installation or setup; or Products with unavailable or inaccessible components or parts; (5) acts of God such as fire, water, windstorm, sand, dirt, hail or earthquake; civil disorder; riot; nuclear accident; or malicious mischief; (6) any consumable part, such as remote controls or batteries; (7) costs due to routine maintenance, customer education, or no problem found; (8) peripherals, adjunct devices, or any device that is not built into your covered Product; (9) unintentional or accidental loss or damage of the Product such as, but not limited to, the spilling of liquid on the Product or the dropping of the Product; (10) damage to, failure of, or defect in cosmetic or non-operational components that do not inhibit the proper operation and performance of a covered Product such as, but not limited to, appearance parts, broken hinges, or decorative finishing; (11) problems caused by abuse, misuse, improper installation, or collision with any object; (12) problems resulting from the original manufacturer’s design plan or manufacturing process (as determined solely by us); (13) repair or replacement covered by any other warranty, service agreement, insurance policy, or manufacturer recall, in effect at the time of the failure; (14) dismounting the failed Product, and remounting the repaired or replaced Product; (15) any upgrades to any Product; or, any modifications required by local regulations; (16) loss or theft of the Product; or (17) repairs to any item that you share with any third party or is covered by a homeowners, condominium, or like association.

4. Claims Process. Your claim must be submitted within thirty (30) days of when you become aware or should have become aware of the damage to the Product(s) resulting from a power surge event in order to be reimbursed for the repair or replacement of the covered Product(s). For more information on the claims process please call us at 888-243-4663 or visit us at www.ConstellationHome.com/Surgeclaim. You may contact us in writing at: Constellation, 1409-A Tangier Drive, Baltimore, MD 21220.

All claims require the completion of the Surge Protect Claim Form and legible copies of the purchase and/or repair receipt(s). Any claim greater than $750 will require a completed Service Provider Damage Certification. If we are not able to reimburse your claim within ten (10) days of a complete and valid submission, upon your written request we will provide an explanation for the delay. For the avoidance of doubt: (i) if the Contract term is set to expire while a valid submission is pending approval, the claim will still be processed in accordance with the terms of this Contract; (ii) your account must be in good standing to qualify for reimbursement of a claim.

5. Cancellation by Customer. You may cancel this Contract at any time with written notification to us, or by contacting Customer Care during normal business hours. If you cancel this Contract within thirty (30) days of the Start Date and no claims have been filed, we will refund all amounts paid. If you cancel after the first 30 days following the Start Date, we are entitled to the lesser of any claim filed or payment for the full year value of the Contract.

Cancellation by Constellation Home. We may cancel this Contract if: (i) a law or regulatory rule affects our ability to provide the services; or (ii) fraud, material misrepresentation, or non-payment by you. We reserve the right to cancel coverage, change terms and conditions and/or pricing with 30 days written notice to you in accordance with applicable law.

6. Limitation of Liability: We will not be required to provide reimbursement of any claims under this Contract which are more than $2,500 in total for claims submitted in any 12-month period. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES WHETHER IN CONTRACT OR IN TORT FOR INJURY TO PERSON OR PROPERTY RESULTING FROM ANY ACTIONS UNDERTAKEN PURSUANT TO THIS CONTRACT.

7. Change in Terms: We will provide you with 30 days written notice of changes or modifications to this Contract.

8. Assignment: You may not assign or transfer this Contract without our written consent. We may assign the Contract to any other party including but not limited to and affiliate, subsidiary, or another creditor. If we do this, the assignee will have our rights and privileges under this Contract with respect to the unpaid balance assigned.

9. Governing Law; Waivers: The Contract is governed by Maryland law without respect to any conflicts of law provisions. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES IRREVOCABLY CONSENT AND AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO INITIATE A CLASS ACTION.

10. Taxes: You shall be responsible for all applicable taxes required by law.

11. Authorizations; AutoPay Terms and Conditions: You authorize us to share your customer information with our affiliates. You may notify us in writing if you wish to rescind this authorization in which case, we may terminate this Contract in accordance with applicable law. If you elect to allow for automatic payments, you authorize us to debit your checking account or to charge your credit card as may be allowed by applicable law.

12. Miscellaneous: This Contract supersedes all prior proposals, understandings, negotiations, and all other agreements and discussions, oral or written, between the parties relating to the subject matter of this Contract. The Contract constitute s the entire agreement between the parties. Any provision of this Contract which may be contrary to law shall not invalidate any of its other provisions. All rights and remedies hereunder are cumulative and not alternative. A waiver or consent given by us on any one occasion shall be effective only in that instance and shall not be construed as a bar to or waiver of any right on any other occasion.