Home Warranty
IMPORTANT-PLEASE READ. This is an agreement for repair or replacement of specified home systems and appliances that fail due to normal wear and tear within the main foundation of a residential home during the term of your agreement. All items not listed in this agreement are excluded from coverage. All covered items must be in proper working order on the coverage start date. The utilities must be turned on and running to all covered systems and appliances prior to the start of coverage. Advantage Home Warranty (AHW) will not reimburse for services performed prior to Advantage Home Warranty's approval. Advantage Home Warranty (AHW) has the right to request a copy of any visual or mechanical test that will have been performed by a home inspector or other licensed mechanical Agreement. AHW's only responsibility is to arrange for a Service Contractor to provide service in accordance with this agreement. AHW is not a Service Contractor and will not actually perform the repair or replacement of any covered system or component. Advantage Home Warranty's total liability to pay for the repair or replacement of covered items is limited to $10,000 in the aggregate during the agreement term.
HOW TO FILE A CLAIM: Please read this agreement carefully and then file your claim by calling 1-877-691-0041 or to file online, go to AdvantageHW.com.
You must call in or go online to file a claim as soon as a failure is discovered. AHW will not reimburse for services without its prior approval.
You will be required to provide credit card information to be charged the $50 Trade Call Fee for the Plus and Premium Plans Only. This fee will be charged when a claim is filed. The Trade Call Fee for the Elite plan is FREE. If you cancel your claim, you will receive a refund for your Trade Call Fee with 5 business days.
If your claim is filed within 30 days from the agreement start date, a home inspection will be requested to confirm the covered system/appliance was in proper working order prior to the agreement start date.
AHW will assign a Service Contractor within 24 hours. If you choose to schedule an appointment outside of normal business hours, you will be responsible for additional fees/overtime charges.
HOMEOWNER EXPECTATIONS WHEN FILING A CLAIM:
You must provide a safe working environment for the Service Contractor and any employee of the Service Contractor. You agree to not harm any equipment/property of the Service Contractor. You must not threaten, verbally abuse, or harm the well-being of a Service Contractor or any employee of AHW. If the Service Contractor or AHW representative feels that abuse is occurring, we reserve the right to terminate the phone call and contract.
No services will be performed, and the Service Fee will still be owed, if the Service Contractor is unable to enter the property due to presence of unsafe conditions, mold, animals, insects or not easily accessible.
The Service Fee is owed in the event you fail to be present at a scheduled time or in the event you cancel a service call at the time the Service Contractor is in route to your home.
If services provided under this agreement should fail, then AHW will provide necessary repairs without an additional Service Call Fee for a period of 90 days on parts and 30 days on labor.
AHW has the sole right to decide whether to repair or replace the covered item. All replacements approved by AHW will be of a similar quality to the covered item. Should you decide to replace any covered item with respect to which AHW has decided to cover the repair, AHW will only pay the amount the repair would have cost (less the Trade Call Fee) and you will be responsible for the difference in cost between repair and replacement. If you choose to upgrade an approved replacement covered item, AHW will pay the cost of a similar quality item and you will be responsible for the difference in cost between AHW replacement and the upgraded replacement.
When replacement equipment of identical dimensions is not available, AHW is responsible for installation of replacement equipment but NOT for the cost of construction, carpentry or any other modification made necessary by different dimensions. AHW is not responsible for upgrading or matching color or brand. AHW is not liable for replacement of entire systems or appliances due to obsolete, discontinuation, or unavailability of one or more integral parts. AHW will provide reimbursement for the costs of those parts determined by fair market value of similar parts.
We are not liable for failure to provide timely service due to conditions beyond our control: including but not limited to delays in obtaining parts, equipment, weather delays, labor difficulties or scheduling difficulties between you and your service contractor.
You are responsible for any cost incurred during the discovery/cause of failure for any uncovered item.
If AHW dispenses a Service Contractor and the failed appliance or system is not eligible for coverage, you can work directly with our Service Contractor while they are at your home, to repair/replace uncovered item. You will be responsible for the Trade Call Fee as well as all other associated costs.
COVERAGE TIME, RENEWALS, and PAYMENT
Coverage begins on the agreement start date and continues for 12 months unless otherwise stated in agreement confirmation.
Optional coverages or plan upgrades can be added within 30-days of the agreement start date and are subject to a 30-day waiting period.
Payment is due at closing of real estate transaction. Payment must be received within 21 business days to ensure coverage. Payment can be paid in full using a check or credit card.
Renewals will be offered at AHW's discretion. You will be notified of prices and terms for continued conditions 30 days prior to the end of your agreement.
Installment payments will be permitted for renewals only. Should you experience a mechanical failure covered by this agreement at a time when there are unpaid installments due from you, we reserve the right to deduct all or any portion of the unpaid amounts from the amount of loss covered by this agreement.
c. COVERED SYSTEMS AND APPLIANCES
This section provides included coverage for the covered property. AHW shows examples of components excluded to help you understand the agreement. This agreement covers only the systems/appliances/components identified herein and excludes all other items, whether specifically identified as excluded or not.
Your coverage depends on the plan you purchased. Your selected plan is listed in the invoice included in your welcome information.
HVAC System — Residential, 2 units, up to 5-ton capacity_(All Plans)
If the main HVAC system in your home functions as both an A/C unit and heating system, it is subject to all heating system limitations listed below. AHW's responsibility to pay for the repair of replacement of HVAC system is limited to $2,500 /$3,500n the aggregate per type of system. For example, if there are two A/C systems on the covered property, AHW will pay in total for both, not each.
HEATING SYSTEM
COVERED: All components and parts necessary for the operation of the main heating source
EXCLUDED: Baseboard casings, propane, fuel or oil storage tanks, solar heating systems, fireplaces, key valves, flues, vents, chimneys and chimney liners, grills, free-standing or portable heating units, zone controls, dampers, pellet, coal, or wood stoves. Over time, the metal on the heat exchanger heats up and expands, and then contracts as it cools. Over a long span of time, this expanding and contracting of the metal can damage it, causing cracks and if found shortly after closing, will be the cause for a denial of the claim due to pre-existing conditions. AHW is not responsible for repairing/replacing a cracked heat exchanger unless you have a visual inspection report that can confirm all heat exchanger surfaces are free of abnormal splits, cracks or holes prior to your contract start date.
ANNUAL LIMITATIONS: PLUS: $2,500 PREMIUM & ELITE: $3,500
We will pay no more than $7,500 per covered item per contract term for access, diagnosis, and repair or replacement of any geothermal, glycol, hot water, or steam circulating systems.
AIR CONDITIONING/COOLINC SYSTEM
COVERED: All components and parts of a ducted electric central air conditioning and ducted electric wall air conditioning, including refrigerant (up to $50 per pound for PLUS plan), ductless mini-split system
EXCLUDED: Gas fueled systems, condenser casings, registers and grills, window units, free-standing or portable cooling units, dampers, zone controls, handheld remotes
ANNUAL LIMITATIONS: PLUS: $2,500 PREMIUM & ELITE: $3,500
These limitations include costs related to the use of cranes to complete an A/C repair or replacement.
SELLER/PLUS - Refrigerant recovery is limited to $50 per pound. Vou are responsible for payment of any costs more than $50 per pound. PREMIUM & ELITE - Refrigerant recovery is 700% covered.
DUCTWORK
COVERED: Duct from heating unit to point of attachment at registers or grills
EXCLUDED: Insulation, asbestos-insulated ductwork, diagnostic testing of (or locating leaks to) ductwork, separation due to settlement or lack of support, vents and breaching, missing ductwork
ANNUAL LIMITATIONS: PLUS: $500 PREMIUM & ELITE: $7,000
HUMIDIFIER
COVERED: Permanently mounted furnace humidifier including pans, housing, motors, fans, humidistats, transformers, valves, and lines
EXCLUDED: Media elements, brushes, atomizers, or back flush units ANNUAL LIMITATIONS: PLUS: $375 PREMIUM & ELITE: $750
PLUMBING & DRAINS
COVERED: Within the main foundation of the home: drains, leaks to water lines, leaks to sewer lines, hydro-jetting, assemblies within toilet tank, interior hose bibs, clearing of stoppages (with 100' of access point), valves to shower, risers, jetted bathtub (motor and pump assemblies), polybutylene piping ($1,000 cap), permanently installed interior sump pumps, main line stoppages if a ground level clean out is available, sewer ejector pumps, fixtures and cartridges, faucets, shower heads and arms.
EXCLUDED: Sinks, bathtubs, exterior hose bibs, filters, shower pans or enclosures, tub enclosures, toilet bowl or tank or lid, toilet flange, caulking and grouting, root damage, re-routing of plumbing lines, inadequate or excessive water pressure, holding or storage tanks, basket strainers, backup, or portable sump pumps. Stoppages caused by collapsed, damage, or broken drain, vent, or sewer lines outside the home's main foundation. Lines broken, infiltrated, or stopped by roots or foreign objects even if within the home's main foundation. Bathtubs, sinks, showers, shower enclosures and base pans, pipes located outside of the perimeter of the principal dwelling. ANNUAL LIMITATIONS: PLUS: $7,000 PREMIUM & ELITE: $2,000 Including $500 for access to concealed plumbing and restoration for all plans.
GAS LINES
In the event of a gas leak in your home, you MUST call your designated emergency response from your local gas company or local authorities. They will shut off the gas in your home and mark off the spot of the leak. Once that is completed, you can call AHW and request service for a gas leak.
COVERED: Leaks and breaks of gas line or valve, except if caused by roots, within the perimeter of the main foundation of the home EXCLUDED: All piping outside the perimeter of the main foundation of the home, collapse of gas line, damage caused by a foreign object ANNUAL LIMITATIONS: PLUS: $500 PREMIUM & ELITE: $7,000
ELECTRICAL SYSTEM
COVERED: Main electrical panel, outlets, switches, conduit, junction box, wiring
EXCLU DED: Damage due to power surges or power failure, carbon monoxide detectors, inadequate wiring or components, solar power systems and panels, D.C. (direct current) wiring or components, circuit overload, low voltage systems, meter boxes, grounding of ungrounded outlets, exterior outlets and exterior lamps/lights. ANNUAL LIMITATIONS: PLUS: $7,000 PREMIUM & ELITE: $2,000
WATER HEATER
COVERED: All components of an electric, gas and tankless water heaters, including circulating pumps
EXCLUDED: Oil hot water tanks, units exceeding 75 gallons
ANNUAL LIMITATIONS: PLUS: $750 PREMIUM & ELITE: $7,500
KITCHEN APPLIANCES
One of each kitchen appliances per agreement unless otherwise noted before or on agreement start date.
COVERED: Refrigerator (including ice maker), built-in microwave, garbage disposal, oven/range/cooktop, built-in dishwasher, instant hot water dispenser, trash compactor EXCLUDED: Shelves, doors, hinges, handles, any non-mechanical failure, water dispenser, line restrictions, interior thermal shells, wine coolers, internet connections, glass or ceramic cooktops, door seals, lighting, self-cleaning mechanisms, any cosmetic damage, problems caused by bones, glass or non-food objects, televisions, or radio in kitchen refrigerator. Repair or replacement of ice makers will only be completed when parts are available.
ANNUAL LIMITATIONS: PLUS: Kitchen Refrigerator (with ice maker) $750, Built-in Microwave $725, Oven/Range/Cooktop $375, Dishwasher $250, Garbage Disposal $250 - A total of $7,750 for the Plus Plan
PREMIUM & ELITE: Kitchen Refrigerator (with ice maker) $7,500, Built-in Microwave $250, Oven/Range/Cooktop $750, Dishwasher $500, Garbage Disposal $500 — A total of $3,500
AHW is not responsible for repair or replacement for parts that are involved in a class-action lawsuit.
CLOTHES WASHER/CLOTHES DRYER
COVERED: All parts and components
EXCLU DED: Soap dispensers, plastic mini-tubs, dials and knobs, lint screen, venting, damage to clothing, door seals, stackable washer/dryer, all-in-one washer/dryer ANNUAL LIMITATIONS: PLUS: $300 each for clothes washer and dryer - A total of $600. PREMIUM & ELITE: $600 each for clothes washer and dryer - A total of $7,200.
GARAGE DOOR OPENER
COVERED: All parts and components.
EXCLU DED: Garage doors, adjustments, infrared sensors, tracks, hinges and springs
ANNUAL LIMITATIONS: PLUS: $250 PREMIUM & ELITE: $500
ATTIC, EXHAUST and CEILING FANS
COVERED: Switches, controls, motors, bearings, and blades
EXCLUDED: Shutters, belts, filters, lights
ANNUAL LIMITATIONS: PLUS: $250 PREMIUM & ELITE: $500
COVERED SYSTEMS and APPLIANCES - PREMIUN and ELITE PLANS ONLY
This section provides included coverage for the covered property within the PREMIUM and ELITE plans ONLY. AHW shows examples of components excluded to help you understand the agreement. This agreement covers only the systems/appliances/components identified herein and excludes all other items, whether specifically identified as excluded or not. Your coverage depends on the plan you purchased. Your selected plan is listed in the invoice included in your welcome information
WATER SOFTENER
COVERED: Domestic water softener, brine tanks and connected water lines
EXCLU DED: Insufficient or excessive water pressure, color or purity of water, filters, resin beds, salt replacement, normal maintenance, purification systems, and all rented/leased water softeners ANNUAL LIMITATION: $750
WATER WELL PUMP
Coverage is available for first year agreements only and is not renewable.
COVERED: Well pump, valves, and regulators. Must be primary water source.
EXCLUDED: Pressure tanks, holding or storage tanks, cisterns, digging, re-drilling of wells, well casings, pressure switches or gauges, piping, electrical lines, screens, pumps used for lawn sprinklers
ANNUAL LIMITATION: $7,500
SEPTIC SYSTEM
Coverage is available for first year agreements only and is not renewable.
COVERED: Septic tank and line from house, baffles, sewer ejector pump, aerobic pump, jet pump and switches. If a stoppage is due to a septic tank back up, AHW will pump the septic tank one time during the coverage period of the plan
EXCLUDED: Drain field, tile fields, leach beds, clean out, insufficient capacity, blockages from tree roots or foreign objects, leach lines, field lines, seepage pits, cost of gaining or finding access to the septic tank, cesspools ANNUAL LIMITATION: $750
RADON MITIGATION FAN
COVERED: Motor, couplers
EXCLUDED: Housing, leaks
ANNUAL LIMITATION: $500
SEASONAL HVAC TUNE-UP
COVERED: One Spring tune-up valid for service requests created on or between March 31st and May 30th. One Fall tune-up valid for services requests created on or between August 31st and October 31st. Seasonal HVAC tune-up includes the following: clean or replace homeowner supplied standard air filter, check heat anticipator settings, inspect inside cooling coil (if accessible), inspect primary and secondary drains, inspect condenser coil, inspect blower components, lubricate all applicable moving parts, tighten all loose electrical connections, monitor air conditioner operating pressure for proper refrigerant charge, measure cooling temperature difference, examine heat exchanger for cracks or damage, inspect and adjust burner assembly, inspect ignition assembly, monitor flue draft for safe operation, adjust gas pressure as necessary, inspect pilot operation — adjust as needed, inspect and test safety control, adjust air flow for proper temperature rise, monitor voltage and amp draw on motors, monitor air conditioning and heating cycles, monitor starting capabilities, and test for carbon monoxide. Homeowner is responsible for contacting AHW to schedule this service. AHW is not subject to scheduling the maintenance on homeowner's behalf. All scheduled maintenance services with the PREMIUM PLAN will be subject to the $50 Trade Call Fee. All scheduled maintenance services with the ELITE PLAN are FREE. If covered service beyond the tune-up is required, an additional Trade Call Fee is due.
EXCLUSIONS: Clearing of stoppages to condensate drain lines, filters, evaporator/indoor condenser cleaning (including acid cleaning, cleaning and unclogging services required to correct problems related to the lack of manufacturer's recommended maintenance)
GO GREEN ADVANTAGE (ELITE PLAN ONLY)
When a covered item cannot be repaired and subsequently must be replaced.
COVERED: Dishwasher, refrigerator, clothes washer, heating system (gas furnace only), or water heater
All appliances listed above will be replaced with an equivalent appliance that has been certified by the Environmental Protection Agency's Energy Star program When the covered property's existing infrastructure can support a tankless hot water heater, a tankless hot water heater will be installed as a replacement.
When the covered property's existing infrastructure is capable of supporting HVAC equipment with SEER and AFUE ratings which meet the Environmental Protection Agency's Energy Star program's requirements for certification, such HVAC equipment will be installed as a replacement.
POOL/SPA (Optional coverage)
COVERED: Salt water and chlorine pools, spas with shared equipment. All above ground components and parts of the heater, pump, filter, pools sweep motor and timer. EXCLUDED: Skimmers, lights, liners, jets, underground/inaccessible lines, cleaning equipment, solar equipment, above ground pools, structural defects, timers, remote controls, pool/spa covers
LIMITATIONS: AHW will pay no more than $1,500 in the aggregate of the agreement
Covered Item |
PLUS PLAN LIABILITY |
PREMIUM PLAN LIABILITY |
ELITE PLAN LIABILITY |
COVERED ITEM |
PLUS PLAN LIABILITY |
PREMIUM PLAN LIABILITY |
ELITE PLAN LIABILITY |
Heating System |
$2,500 |
$3,500 |
$3,500 |
Clothes, washer/dryer |
$600 |
$1,200 |
$1,200 |
Cooling System |
$2,500 |
$3,500 |
$3,500 |
Garage Door Opener |
$250 |
$500 |
$500 |
Refrigerant Recovery |
Up to $50/Ib. |
Included |
included |
Water Softener |
Not Included |
$750 |
$750 |
Ductwork |
$500 |
$1,000 |
$1,000 |
Water Well Pump |
Not Included |
$1,500 |
$1,500 |
Humidifier |
$375 |
$750 |
$750 |
Septic System |
Not Included |
$750 |
$750 |
Plumbing/Draining |
$1,000 |
$2,000 |
$2,000 |
Radon Mitigation Fan |
Not Included |
$500 |
$500 |
Kitchen Appliances (refer to C9 for coverage limitations per appliance) |
$1,500 |
$3,500 |
$3,500 |
HVAC Tune Ups |
Not Included |
$50 Service |
FREE |
Gas Line |
$500 |
$1,000 |
$1,000 |
Go Green |
Not Included |
Not Included |
Included |
Water Heater |
$750 |
$1,500 |
$1,500 |
OPTIONAL COVERAGE: Pool/Spa Combo $150 |
$1,500 |
$1,500 |
$1,500 |
Attic/Exhaust/Ceiling Fans |
$250 |
$500 |
$500 |
Electric System |
$1,000 |
$2,000 |
$2,000 |
SELLER/LISTING COVERAGE
Listing coverage is only available if the property is listed with a licensed real estate professional and accessible on MLS within 24 hours of active coverage. Listing coverage is not available to an owner of investment and/or rental properties. Listing coverage starts on agreement start date and continues until the sale of the covered property, the expiration or cancellation of plan, or 180 days from agreement start date.
COVERED: The same standard coverage inclusions, exclusions and limitations as Buyer's Plus plan coverage applies to Listing Coverage.
EXCLUSIONS: Conditions found during the home inspection
LIMITATIONS: AHW will pay no more than $2,000 during the listing period.
Delays. Failures cannot always be diagnosed and repaired on the first service visit. AHW is not liable for losses or damages resulting from misdiagnosis or delays in completing diagnosis or repairs.
Model/Serial Numbers: AHW is not responsible for repair or replacement of a system/appliance lacking a visible model or serial number.
Obstructed Items: AWH will pay up to $500 for providing access to or closing access from any covered item that is concrete-encased or otherwise inaccessible. If it is necessary to open walls or ceilings to make repairs, AHW will close the opening (if wall/ceiling were not damaged by water prior to claim) and return to a rough finish condition.
AHW is not responsible for repair of any cosmetic defects, smells, noises or for the cost of cleaning any parts or equipment.
Hazardous Materials: AHW will have no liability for the removal of, failure to detect, or contamination of any asbestos, radon gas, mold or other hazardous products or materials.
Consequential or Secondary Damage: AHW is not responsible for consequential or secondary damage including but not limited to: repair of conditions by any of the following: excessive water pressure, insect infestation, mold, mildew or bacteria, misuse or abuse, theft or vandalism, failure to clean or maintain covered item as specified by manufacturer, missing parts, structural changes, fire, freezing, electrical failure or surge, water damage, intentional acts, riot, war, lightning, mud, earthquakes, tornados, soil movement or settlement, storms or other natural disasters, acts of terrorism, strikes, labor troubles, shortages in supply, accidents, pest damage, changes in law, rules or regulations of any governmental authority and any other cause beyond AHW's control, or any other perils not considered loss or damage due to normal wear and tear. Loss of Use Damages: AHW is not liable for indirect, consequential, or economic damages for loss or damages to any person or property arising from the loss of use or the inability to use any covered items or property to the extent such will be disclaimed by law, and you expressly waive the right to all such damages.
Repairs/Replacements: AHW has the sole right to determine whether any covered items will be repaired or replaced. Parts and replacements will be of similar quality and efficiency to those being replaced, subject to all other provisions of this agreement. When replacement equipment of identical dimensions is not available, AHW is responsible for installation of replacement equipment but NOT for the cost of construction, carpentry or any other modification made necessary by different dimensions. AHW is not responsible for upgrading or matching color or brand. AHW is not liable for replacement of entire systems or appliances due to obsolete, discontinuation, or unavailability of one or more integral parts. AHW will provide reimbursement for the costs of those parts determined by fair market value of similar parts.
Disposal of failed systems/appliances. AHW will remove/haul away any failed system/appliance.
Cash Option: AHW reserves the right to offer cash back in lieu of repair/replacement.
Second Opinions: AHW reserves the right to require a second opinion, which AHW will obtain at its own cost.
AHW will not repair or replace any covered item that was not properly matched in size or efficiency.
AHW will repair covered failures due to improperly repair and/or improperly installed up to $500.
Building and Zoning Code Requirements/Violations: AHW will pay up to $250 for the costs to obtain permits and code upgrades.
EXCLUSIONS
Non- Essential Components: items not required for covered items to function.
Hazardous Materials: Services do not include the identification, detection, abatement, or removal of asbestos, radon gas or any other hazardous material. Management Systems: Electronic or computerized energy management or lighting and appliance management are excluded from coverage.
AHW is not responsible for repairing any systems/appliances with manufacturer's defects or under manufacturer's warranty, including parts and labor.
AHW is not responsible for repairing any system/appliance involved where the branded parts are involved in any type of lawsuit.
Properties sold "AS-IS" are excluded from coverage unless a full home inspection is provided prior to the closing date of the property. An AS-IS property is when a homeowner is selling a home in its current condition and will make no repairs or improvements before the sale (or negotiate with the buyer for any credits to fund the repairs or improvements).
This coverage is for residential-use property only. It does not cover commercial property or home used as a business, such as nursing/care homes, fraternity/sorority houses or day care centers.
G. GENERAL
This service agreement is subject to change.
Cancellations: If this agreement is cancelled, you shall be entitled to a pro rata refund of the paid agreement fee for the unexpired term, less an administrative fee of $50 and less all claims' costs incurred by AHW. AHW can cancel this agreement for fraud, material misrepresentation or nonpayment.
Transfer of Agreement: If ownership of this property changes during the coverage term, agreement will be transferred to the new owner. Agreement holder must notify AHW within 30 days of the property transfer at 877-691-0041.
Personal Identifiable Information: by submitting any of your personally identifiable information such as your name, address, phone number, email address to us, you consent to our privacy policy located at www.AdvantageHW.com or as listed in the last section of this agreement.
Multiple Units: If this agreement is for a property that is a duplex, triplex, or fourplex dwelling, the invoice must reflect said property type for all the units to be covered. When multiple units are covered, each individual unit is subject to its own limitations. All units within dwelling must be covered by an AHW plan for applicable, coverage to apply to shared systems and appliances. Common grounds and facilities are excluded.
Governing Law: All matters arising out of or relating to this agreement shall be governed by and construed in accordance with the internal laws of Ohio without giving effect to any choice or conflict of law provision or rule.
Headings: the headings in this agreement are for reference only and shall not affect the interpretation of this agreement.
Entire agreement: this agreement (including the invoice and all documentation related to optional add-ons constitutes the sole and entire agreement of the parties to this agreement with respect to the subject matter contained herein and therein, and superseded all prior contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter).
MANDATORY ARBITRATION. Any claim, dispute, or controversy, regarding any agreement, tort, statute, or otherwise ("Claim"), arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association ("AAA"), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed ("AAA Rules"). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1- 800-778-7879. The arbitrator's decision shall be final, binding, and non-appealable. Judgment upon the award will be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator's award; any such suit will be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any Ohio court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled "Class Action Waiver."
CLASS ACTION WAIVER. Any Claim must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable will be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
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