YOWZA
FITNESS® PREMIUM SERVICE PLAN
TERMS AND
CONDITIONS
This document outlines your coverage under the Yowza Fitness
Premium Service Plan. On purchasing this plan you have
selected coverage of 3, 4, or 5 years and that selection is documented on your
original sales receipt. Please keep this document and your original sales
receipt.
1. DEFINITIONS:
A. “Obligor”, “We”, “Us”
and “Our” mean the company obligated under this Agreement,
YowzaFitness.com 24830 Burnt Pine Drive, Suite 3 Bonita
Springs, Florida 34134
PH: 877-969-9240
B. “You” and “Your” mean
the purchaser of the Covered Product(s) and any authorized transferee/assignee
of the purchaser.
C. “Selling Retailer”
means Yowza Fitness® or Yowzafitness.com
D. “Covered Product”
means the consumer item(s) which were purchased by you and are covered by this
Agreement.
E. “Agreement” means the
terms, conditions, limitations and exclusions, including your original sales
receipt.
2. REPAIR PLAN:
A. Term:
Term
and coverage for parts and labor begin upon original purchase of covered
product and continue for the period indicated on your original sales receipt.
This coverage will blanket original manufacturer’s warranty and will cover any
item, including covered claims related to normal wear and tear under intended
use. In the event Your Covered Product is being serviced by an authorized
service center or technician when this Agreement expires, the term of this
Agreement will be extended until covered repair has been completed.
B. Coverage:
We will repair the Covered Product, at our
discretion, when required due to a mechanical or electrical breakdown, including
those experienced during normal wear and tear. A mechanical or electrical
breakdown caused by a direct result of a power surge is also covered. The
Covered Product must fail during normal usage and Equipment must be maintained
as outlined in the user’s manual and product warranty. I.E Treadmill belt and
rollers require regular lubrication to be done as outlined in the owner’s
manual. Parts will be replaced
with those of like kind and quality, and may be new or remanufactured. If the
Covered Product cannot be repaired, if the cost of the repair exceeds the
original purchase price or if parts are no longer available due to the age of
the Covered Product or are discontinued by the manufacturer, the Covered
Product will be replaced with a product of equal or similar features and
functionality at Yowza Fitness’s sole discretion and choice.
C. Limit of Liability:
The
limit of liability is the least of the cost of (1) the purchase price of the
Covered Product excluding tax and delivery costs or (2) authorized repairs not
to exceed the purchase price of the Covered Product or (3) replacement of the
Covered Product with a product with equal or similar features and functionality
or (4) reimbursement for authorized repairs or replacement. Upon replacement, there
is no longer any obligation for the replaced product under this Agreement.
D. Replacement Policy:
During
the term of this Agreement, if a Covered Product is replaced because it cannot
be repaired, if the cost of the repair exceeds the original purchase price or
if parts are no longer available due to the age of the Covered Product or are
discontinued by the manufacturer, the replacement Product will no longer be
covered by this Service Plan . Full replacement will act as termination of this
and any other coverage provided by this agreement.
E. What to do when Your Product fails to Operate:
Call
the 24-hour customer service toll-free number at (877) 969-9240 to report a
service issue or manufacturers defect.
At the sole discretion of YOWZA FITNESS®, Yowza will provide one of the
following methods to resolve the service claim: a) dispatching of an authorized
independent service technician to repair the product in the home, b) reimburse
the customer at a rate of $75.00 per service issue. Service issue is defined as
an approved service claim. Limit of one $75.00 will be made on each service
claim. All repairs must be authorized by us prior to performance of work.
Claims on unauthorized repairs may be denied. Many oversights, which are not
covered under this Agreement, can be due to simple circumstances such as the
Covered Product not being switched on, being unplugged, or a fuse blown at the
junction box.
F. Deductibles:
There
is no deductible required to obtain service for Your Covered Product. You will
receive service on Your Covered Product using the same type of service provided
during the manufacturer's warranty. Service will be
performed in your home. The authorized service center or technician may opt to
remove the Covered Product to perform service in shop
and
will return the Covered Product upon completion. Additional time and mileage
charges for in-home repairs outside of standard coverage areas or the normal
service radius of the authorized service center or technician are not covered
by this Agreement. Yowza Fitness® has a nationwide service network and we strive to be able to cover all areas in
which we sell, if for any reason, at our sole discretion, we feel that service
cannot be provided per our company standards, we will refund the cost of this
plan to you. In the event a Covered Product must be shipped to a central
service facility, we will pay for two-way shipping to the point of repair and
thereafter.
3. WHAT IS NOT COVERED:
A.) PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER’S
WARRANTY;
B.) PERIODIC CHECKUPS AND/OR
PREVENTATIVE MAINTENANCE AS DIRECTED BY THE MANUFACTURER
C.) ANY PRODUCT SOLD “AS-IS” INCLUDING
BUT NOT LIMITED TO FLOOR MODELS, DEMONSTRATION MODELS, ETC.;
D.) DAMAGE FROM ACCIDENT, ABUSE, MISUSE, MISHANDLING,
NEGLIGENCE, INTRODUCTION OF FOREIGN OBJECTS INTO THE COVERED PRODUCT,
UNAUTHORIZED MODIFICATIONS OR ALTERATIONS TO A COVERED PRODUCT, ANY COVERED
PRODUCT WITH REMOVED OR ALTERED SERIAL NUMBERS, FAILURE TO FOLLOW THE
MANUFACTURER’S INSTRUCTIONS, AND EXTERNAL CAUSES INCLUDING THIRD PARTY ACTIONS,
FIRE, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER CONDITIONS, EXTREME TEMPERATURE,
WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE, FLOOD, WATER, ACTS OF GOD OR CONSEQUENTIAL
LOSS OF ANY NATURE,with the exception of covered Power Surges.
E.) LOSS OR DAMAGE CAUSED BY WAR,
INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, RIOT, OR
CIVIL COMMOTION;
F.) INCIDENTAL, CONSEQUENTIAL OR
SECONDARY DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT, OR LOSS OF
USE OR TIME DURING THE PERIOD THAT THE COVERED PRODUCT IS AT AN AUTHORIZED
SERVICE CENTER OR OTHERWISE
AWAITING PARTS;
G.) ANY PRODUCT USED IN A COMMERCIAL SETTING OR RENTAL
BASIS;
H.) FAILURES THAT OCCUR OUTSIDE OF THE
50 STATES OF THE UNITED STATES OF AMERICA, INCLUDING THE DISTRICT OF COLUMBIA
or CANADA;
I.) NONFUNCTIONAL OR AESTHETIC PARTS
INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, SHELVES, DRAWERS, RACKS, KNOBS,
ROLLERS, SCRATCHES, HANDLES, COSMETIC PARTS OR PEELING AND DENTS, NONFUNCTIONAL
PARTS ARE THOSE PARTS THAT ARE NOT CRITICAL TO THE PERFORMANCE OF THE PRODUCT’S
ESSENTIAL FUNCTION, EXTERNAL EQUIPMENT SUCH AS PIPES, PLUMBING, POWER SOURCES
ETC. USED OR MODIFIED FOR THE PURPOSE OF USE WITH OR FOR THE COVERED PRODUCT, A
PART THAT IF MISSING OR BROKEN, DOES NOT RESULT IN THE PRODUCT BEING NON-OPERATIONAL;
J.)
UNAUTHORIZED REPAIRS AND/OR PARTS;
K.) COST OF INSTALLATION, SET-UP,
DIAGNOSTIC CHARGES, REMOVAL OR REINSTALLATION OF THE COVERED PRODUCT;
L.) ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT;
M.) ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE COVERED
PRODUCT;
N.) LOSS OF DATA OR ANY MECHANICAL
BREAKDOWN OR DAMAGE CAUSED BY A COMPUTER OR SOFTWARE VIRUS;
O.) SERVICE WHERE NO PROBLEM CAN BE FOUND;
P.) BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE TERM OF
THIS AGREEMENT;
Q.) FAILURE AS A RESULT FROM RUST OR
CORROSION ON ANY COVERED PRODUCT OR PART;
R.) INCORRECT CONNECTION OF SIGNAL
LEADS OR INCORRECT ELECTRICAL SUPPLY AND FAILURE OR IMPROPER USE OF ANY ELECTRICAL
SOURCE;
S.) ABNORMAL VARIATION OF ELECTRICITY
OR WATER SUPPLY;
T.) DAMAGE INCURRED WHILE MOVING THE COVERED PRODUCT TO
ANOTHER LOCATION;
U.) MODIFICATIONS TO MEET CHANGES IN
FEDERAL, STATE OR LOCAL CODES AND REGULATIONS;
V.) IMPROPER INSTALLATION OF COMPONENTS OR PERIPHERALS.
4. CONDITIONS:
A. Renewal:
This
Agreement is renewable at our discretion. Renewal cost reflects the age of the
Covered Product and service costs at time of renewal.
B. Transferability:
This
Agreement is transferable by the original purchaser for the balance of the
original extended protection period. The Covered Product may be registered by
mailing information to the Administrator, including the sales order number as
reference number, date of new ownership, new owner’s name, complete address,
and telephone number.
C. Territorial Limitation:
This
Agreement does not cover products located outside of the 48 states of the continental
United States of America or Canada. Alaska,
Hawaii, Mexico and other foreign countries are excluded.
D. Subrogation:
If
we pay for a loss, we may require you to assign us your rights of recovery
against others. We will not pay for a loss if you impair these rights to recover.
Your rights to recover from others may not be waived.
E. Dispute Resolution - Arbitration:
This
Agreement requires binding arbitration if there is an unresolved dispute
between you and us concerning this Agreement (including the cost of, lack of or
actual repair or replacement arising from a breakdown). Under this Arbitration
provision, you give up your right to resolve any dispute arising from this
Agreement by a judge and/or a jury. You also agree not to participate as a class
representative or class member in any class action litigation, any class
arbitration or any consolidation of individual arbitrations. In arbitration, a
group of three arbitrators (each of whom is an independent, neutral third
party) will give a decision after hearing your and our positions. The decision
of a majority of the arbitrators will determine the outcome of the arbitration
and the decision of the arbitrators shall be final and binding and cannot be
reviewed or changed by, or appealed to, a court of law. To start arbitration,
either you or we must make a written demand to the other party for arbitration.
This demand must be made within one (1) year of the earlier of the date the
breakdown occurred or the dispute arose. You and We will each separately select
an arbitrator. The two arbitrators will select a third arbitrator called an
"umpire." Each party will pay the expense of the arbitrator selected
by that party. The expense of the umpire will be shared equally by you and us.
Unless otherwise agreed to by you and us, the arbitration will take place in
the county and state in which you live. The arbitration shall be governed by
the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law
concerning arbitration. The rules of the American Arbitration Association
(www.adr.org) will apply to any arbitration under this Agreement. The laws of
the state of Illinois (without giving effect to its conflict of law principles)
govern all matters arising out of or relating to this Agreement and all
transactions contemplated by this Agreement, including, without limitation, the
validity, interpretation, construction, performance and enforcement of this Agreement.
F. Cancellation:
You
may cancel this Agreement for any reason at any time. To cancel, contact Yowza
Fitness® within thirty (30) days of receipt of your Agreement for a full refund.
After thirty (30) days, contact Yowza Fitness® in writing to receive a pro-rata
refund based on the time expired less a twenty-five dollar ($25) cancellation fee,
or ten percent (10%) of the purchase price (whichever is less), less the cost
of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, non-payment of premium by you or in the
event product is more than 50 miles from an acceptable, to us, repair facility
or certified technician. Notice of such cancellation will be mailed to you at
least thirty (30) days prior to cancellation and will include the effective
date and reason for cancellation. If we cancel, the return premium
is
based upon one-hundred percent (100%) of the unearned pro-rata premium.
G. Entire Agreement:
This
is not a contract of insurance. This is the entire Agreement between the
parties, and no representation, promise or condition not contained herein shall
modify these items.
5. STATE VARIATIONS:
State Variations: The
following state variations will control if inconsistent with any other
provisions:
(1)
In Arizona: In Section 3 “WHAT IS NOT COVERED,” exclusion (E) is
removed. The following statement is added to Section 4.E “Dispute Resolution
-Arbitration”: Arbitration does not preclude the Arizona consumer’s right to
file a complaint with the Arizona Department of Insurance, Consumer Affairs Division
800-325-2548. The following statement is added to section 4.F “Cancellation”:
No claim incurred or paid will be deducted from the amount to be returned in
the event of cancellation. See (21) below for an additional variation
(2)
In Arkansas: The following statement is added to Section 4.G “Entire
Agreement”: If the Administrator does not pay a claim within sixty (60) days of
submitting the claim, the claim can be submitted to the insurer at the above
address. A claim submitted to the insurer may include a claim of the unearned
premium in the event of a cancellation. The following is added to this
Agreement: This Agreement does not exclude pre-existing conditions. See also
(20) below.
(3)
In California: The following statement is added to Section 4.E “Dispute
Resolution - Arbitration”: This arbitration provision does not prohibit a California
resident from following the process to resolve complaints as outlined by the
California Bureau of Electronic and Appliance Repair (BEAR). To learn more
about this process, you may contact BEAR at 1-800-952-5210, or you may write to
Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highlands,
California, 95660, or You may visit their website at www.bear.ca.gov. Section
4.F “Cancellation” is amended as follows: In the event you cancel this
Agreement within sixty (60) days of receipt of this Agreement, You shall
receive a full refund of any payments made by you under this Agreement. In the
event You cancel this Agreement after sixty (60) days of receipt of this
Agreement, you shall receive a prorate refund of any amount paid based upon
elapsed time less an administrative fee not to exceed ten percent (10%) of the
price of this Agreement or twenty-five dollars ($25.00), whichever is less, and
less any claims that have been paid or repairs that have been made.
(4)
In Connecticut: The following statement is added to Section 4.E “Dispute
Resolution - Arbitration”: The State of Connecticut has established an arbitration
process to settle disputes arising from service agreements. If you purchased
this Agreement in Connecticut, You may pursue arbitration to settle disputes
between you and the provider of this Agreement. A written complaint may be
mailed to: State of Connecticut, Insurance Department, P. O. Box 816, Hartford,
CT 06142-0186, Attn: Consumer Affairs. The written complaint must contain a
description of the dispute, the purchase price of the Covered Product, the cost
of repair and a copy of this Agreement. The following statement is added to
section 4.F “Cancellation”: You may cancel this Agreement if you return the
Covered Product, or if the Covered Product is sold, lost, stolen or destroyed.
See also (21) below.
(5)
In Florida: Section 4.E “Dispute Resolution - Arbitration” is removed.
Section 4.F “Cancellation” is amended as follows: If You cancel this Agreement,
You will receive a pro-rata refund based upon ninety percent (90%) of the
unearned pro-rata premium less the cost of any claims paid or repairs made on
Your behalf. If we cancel this Agreement, return of premium shall be based upon
one hundred percent (100%) of unearned pro-rata premium.
(6)
In Georgia: Section 4.E
“Dispute Resolution - Arbitration” is removed. Section 4.F “Cancellation” is
amended as follows: If you cancel after sixty (60) days of receipt of Your
Agreement, You will receive a pro-rata refund of the Agreement price. We may
not cancel this Agreement except for fraud, material misrepresentation, or
nonpayment by you. Any refund owed and not paid as required is subject to a
penalty equal to twenty five percent (25%) of the refund owed and interest of
eighteen percent (18%) per year until paid; however, such penalty shall not
exceed fifty percent (50%) of the amount of the refund. If we cancel this
Agreement, notice of such cancellation will be in writing and given at least
thirty (30) days prior to cancellation. Cancellation will comply with Section
33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be
deducted from any refund owed as a result of cancellation. See also (21) below.
(7)
In Michigan: The following statement is added to Section 2.A. “Term”: If
performance under this Agreement is interrupted because of a strike or work stoppage
at our place of business, the effective period of the Agreement shall be
extended for the period of the strike or work stoppage.
(8)
In Missouri: The following statement is added to Section 4.G “Entire
Agreement”: If Yowza Fitness does not pay a claim within sixty (60) days of submitting
the claim, the claim can be submitted to the insurer at the above address. A
claim submitted to the insurer may include a claim for return of the unearned premium
in the event of a cancellation. See also (20) below.
(9)
In Nevada: The following statement is added to Section 4.F
“Cancellation”: No claim incurred or paid will be deducted from the amount to
be returned in the event of cancellation. See also (20) below.
(10)
In New Hampshire: The following statement is added to Section 4.G “Entire
Agreement”: If Yowza Fitness does not pay a claim within sixty (60) days of
submitting the claim, you may contact the New Hampshire Insurance Department,
21 South Fruit Street, Concord, New Hampshire, 03021, (603) 271-2261.
(11)
In New Mexico: Section 4.F “Cancellation” is amended as follows: If this
Agreement has been in force for a period of seventy (70) days, We may not cancel
before the expiration of the Agreement term or one (1) year, whichever occurs
first, unless: 1) You fail to pay any amount due; 2) You are convicted of a
crime which results in an increase in the service required under the Agreement;
3) You engage in fraud or material misrepresentation in obtaining this Agreement;
or 4) You commit any act, omission, or violation of any terms of this Agreement
after the effective date of this Agreement which substantially and materially
increase the service required under this Agreement. See also (20) below.
(12)
In North Carolina: Section
4.F “Cancellation” is amended as follows: We may not cancel this Agreement
except for nonpayment by You or
for violation of any of the terms and conditions of this Agreement. The
following statement is added to Section 4.G “Entire Agreement: You understand that
the purchase of this Agreement is not required to purchase or to obtain
financing for the Covered Product. See also (20) and (21) below.
(13)
In Oklahoma: The following statement is added to Section 4.F
“Cancellation”: You may cancel this Agreement for any reason at any time. To
cancel, contact Yowza Fitness® in writing. If you cancel within the first thirty
(30) days of receipt of Your Agreement, You will receive a full refund. If you cancel
after thirty (30) days, you will receive a pro-rata refund based on the time
expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%)
of the purchase price (whichever is less). 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 Agreement except for fraud, material
misrepresentation or non-payment by you. Notice of such cancellation will be
mailed to you at least thirty (30) days prior to cancellation. If we cancel,
the return premium is on one-hundred percent (100%) of the unearned pro-rata
premium. Oklahoma does not review commercial service contract language (only personal).
(14)
In South Carolina: The following statement is added to Section 4.G “Entire
Agreement”: If You purchased this Agreement in South Carolina, complaints or
questions about this Agreement may be directed to the South Carolina Department
of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone
number (803) 737-6180. See also (20) below.
(15)
In Texas: The following statement is added to Section 4.F
“Cancellation”: If You cancel Your Agreement within
sixty (60) days of receipt of Your Agreement,
Your Agreement will be voided. If Your Agreement is voided and You do not
receive a refund or credit within thirty (30) days of receipt of the returned
service Agreement, You may request a refund from Yowza Fitness Inc., [24830
Burnt Pine Dr. Bonita Springs, FL. 34134], and a ten percent (10%) penalty per
month shall be applied to the refund. The following statement is added to
Section 4.G “Entire Agreement”: If You purchased this Agreement in Texas,
unresolved complaints or questions concerning the regulation of service
agreements, may be addressed to the Texas Department of Licensing and
Regulation at PO Box, 12157, Austin, TX 78711, telephone number (512) 463-2906
or 800-803-9202. See also (21) below.
(16)
In Utah: Section 4.E “Dispute Resolution - Arbitration” is removed
and replaced with: Any matter in dispute
between you and us may be subject to arbitration as an
alternative to court action pursuant to the rules of the American Arbitration
Association, a copy of which is available on request from Us. Any decision
reached by arbitration shall be binding upon both you and us. The arbitration
award may include attorney's fees if allowed by state law and may be entered as
a judgment in any court of proper jurisdiction. The laws of the state of
Illinois (without giving effect to its conflict of law principles) govern all
matters arising out of or relating to this Agreement and all transactions
contemplated by this Agreement, including, without limitation, the validity,
interpretation, construction, performance and enforcement of this Agreement.
Section 4.F “Cancellation” is amended as follows:
We can cancel the Agreement during the
first sixty (60) days of the initial annual term by mailing to You a notice of
cancellation at least thirty (30) days prior to the effective date of
cancellation except that We can also cancel the Agreement 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 Agreement 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 Agreement, (c) substantial breaches of contractual duties, conditions, or
warranties. The notice of cancellation must be in writing to You at Your last
known address and contain all of the following: (1) the Agreement number, (2)
the date of notice, (3) the effective date of the cancellation and, (4) a
detailed explanation of the reason for cancellation. Proof of loss should be
furnished by you to Yowza Fitness as soon as reasonably possible. Failure to
furnish such notice or proof within the time required by this Agreement does
not invalidate or reduce a claim. This Agreement is subject to limited
regulation by the Utah Insurance Department. To file a complaint, contact the
Utah Insurance Department. See also (21) below.
(17)
In Washington:. You are not required to wait sixty (60) days before filing
a claim directly with the Yowza Fitness. See also (20) below.
(18)
In Wisconsin: In Section 3 “WHAT IS NOT COVERED”, exclusion (M) is
removed. The following statement
is added to Section 4.D “Subrogation”: The
Agreement holder will be made whole before We retain any amount we may recover.
The following statement is added to Section 4.E “Dispute Resolution -
Arbitration”: Mandatory arbitration is not permitted. Both parties must agree
to participate. If one party disagrees to participate, this arbitration
provision becomes null and void. The following statement is deleted from
Section 4.E “Dispute Resolution – Arbitration”: You give up your right to
resolve any dispute arising from this Agreement by a judge or jury. You also
agree not to participate as a class representative or class member in any class
action litigation, any class arbitration or any consolidation or individual
arbitrations. The following statement is added to Section 4.F“Cancellation”:
Claims paid or the cost of repairs performed shall not be deducted from the
amount to be refunded upon cancellation of this Agreement. The following
statement is added to Section 4.G “Entire Agreement”: This Agreement is
subject to limited regulation by the Office of the Commissioner of Insurance. Proof
of loss should be furnished by you to Yowza Fitness as soon as reasonably
possible and within one (1) year after the time required by this Agreement.
Failure to furnish such notice or proof within the time required by this
Agreement does not invalidate or reduce a claim. See also (21) below.
(19)
In Wyoming: The following statement is added to Section 4.E “Dispute
Resolution - Arbitration”: Arbitration
can only be final and binding if agreed
to by the parties involved and in a separate written agreement. See also (20)
and (21) below.
(20) In Alabama, Arkansas, Maryland, Minnesota, Missouri, Nevada,
New Mexico, New York, North
Carolina, South Carolina, Washington and
Wyoming: The following statement is added to
Section 4.F “Cancellation”: If You cancel Your Agreement within sixty (60) days
of receipt of Your Agreement and do not receive a refund or credit within
thirty (30) days of receipt of the returned service Agreement, a ten percent
(10%) penalty per month shall be applied to the refund.
