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TERMS AND CONDITIONS OF ZENNI EYEWEAR PROTECTION PLAN



  1. INTRODUCTION. Thank You for purchasing a Zenni Optical, Inc. (“Zenni”) Eyewear Protection Plan (“Plan”). By purchasing a Plan, You agree to the terms and conditions set forth below, including terms on coverage, filing a claim, cancellation, and other terms specific to your state of residence.

    These terms and conditions, along with Your receipt showing Your Plan purchase, constitute the entire contract between You and Zenni. If you have any questions concerning Your Plan, please send Zenni an email at claims@zennioptical.com or call Zenni at (800) 211-2105 between the hours of 5am and 9pm Pacific Time, 7 Days a Week. To submit a claim, please see Section 5 below entitled “HOW TO FILE A CLAIM”

  1. DEFINITIONS. Throughout these terms and conditions, the following capitalized words have the stated meaning:

    1. “Accidental Damage” refers to physical damage, breakage, or failure of Your Covered Product due to a single unforeseen and unintentional event. To obtain coverage for Accidental Damage, and as specified below, You will be required to provide information to Zenni about how and where the Accidental Damage occurred. You may also be required to submit photographs of the physical damage, breakage, or failure of Your Covered Product.

    2. “Covered Product” is the product covered by Your Plan and includes the eyeglass frames, eyeglass lenses, and eyeglass coatings.

    3. “Plan” refers to the coverage You purchased at the time You purchased Your Covered Product as specified in Your receipt and these terms and conditions. The cost of Your Plan is shown on Your receipt.

    4. “Term” refers to the period of time the provisions of Your Plan are valid as shown on Your receipt. Your Plan is valid from the date Your Covered Product is delivered to You and remains valid for the time period specified on Your receipt. The Term will expire, and the Plan will become void, upon Zenni’s replacement of Your Covered Product or expiration of the Term, whichever is earlier. The Term of Your Plan will be extended for an additional 30 days for any manufacturing defect in eyeglass frames and lenses, and one additional year for any manufacturing defect in anti-reflective coatings and photochromic films so that You will also benefit from Zenni’s standard limited warranty. The Term of Your Plan will also be extended for any Waiting Period.

    5. “You” or “Your” refers to the individual consumer who purchased the Plan and who is to receive the coverage specified in these terms and conditions.

    6. “Waiting Period” refers to the time period between Your submission of a claim and the Your receipt of a replacement for Your Covered Product, a store credit, or a denial of Your claim, as discussed below.

    7. “Zenni” and “Administrator” refers to Zenni Optical, Inc. Zenni’s address is [150 Alameda del Prado, Novato, California, 94949], and its phone number is [1-800-211-2105]. Zenni can also be reached by email at service@zennioptical.com.

    8. “Obligor”s refers to Starr Protection Solutions, LLC (“SPS”), except in Florida, Oklahoma, and Washington. In Oklahoma and Washington, the obligor is Starr Underwriting Agency, Inc. (Oklahoma License # 44200902) (“SUA”). SPS and SUA are located at 399 Park Avenue, 3rd Floor, New York, NY 10022, [(855) 438-2390]. In Florida, the obligor is Starr Indemnity & Liability Company located at 399 Park Avenue, 3rd Floor, New York, NY 10022, [(855) 438-2390].

  1. WHAT IS COVERED. Your Plan provides for the full replacement of Your Covered Product, including frames, lenses, coatings, and films, caused by (1) defects in materials or workmanship, (2) normal wear and tear, and (3) Accidental Damage to the extent not already covered by Zenni’s Return Policy and standard warranty concerning manufacturing defects. Your Plan also provides for the full replacement of Your Covered Product to the extent Your Covered Product has lenses marketed as damage- or scratch-resistant and those lenses develop scratches or damage impairing the line of vision or Your visual acuity. All replacements authorized by Zenni will be shipped to You free of any shipping or handling charges.

    Zenni will replace Your Covered Product a maximum of one (1) time during Your Plan Term. Once Your Covered Product is replaced one time, Your Plan is void.

  1. WHAT IS NOT COVERED. Damage to, or failure of, Your Covered Product is not covered under your Plan if:

    1. Covered by Zenni’s standard warranty set forth in its Return Policy, which provides a warranty that its eyewear will be free of manufacturing defects for a period of 30 days and that anti-reflective (AR) coatings and photochromic films will be free from manufacturing defects for one (1) year from the date of purchase;

    2. Caused by intentional conduct, abuse, adulteration (including without limitation by placing non-Zenni lenses into Zenni frames or Zenni lenses into non-Zenni frames), modifications to the Covered Product, tampering with the Covered Product, or unauthorized repairs to the Covered Product;

    3. Caused by pets, chemicals, or the tarnishing of frames;

    4. Caused by the bending or twisting of flexible or titanium frames;

    5. Caused by tampering with the eyeglass frame elements designed to secure lenses and eyeglass arms;

    6. Caused by Your failure to follow manufacturer instructions concerning proper care and maintenance;

    7. Caused by theft, fire, flood, earthquake, hurricane, tornado, sandstorm, landslide, natural disaster, public disturbance, riot, acts of war, or acts of God;

    8. Not reported during the Plan Term; or

    9. Your Covered Product is outside of the 50 United States of America or the District of Columbia.

      Further, Zenni will not provide coverage for damage to, or failure of, any cases or containers used to store Your Covered Product or any decorations, embellishments, or monograms You added to Your Covered Product after purchase. Further, Your Plan does not include coverage for (1) frame fit issues, (2) changes in Your prescription or visual acuity, or (3) any preventative maintenance.

  1. HOW TO FILE A CLAIM

    To file a claim, please visit https://www.zennioptical.com/warranty-claim, send an email to claims@zennioptical.com or call Zenni at (800) 211-2105 between the hours of 5am and 9pm Pacific Time, 7 Days a Week. In any email, please provide Your name, Your date of purchase of Your Covered Product, a copy of Your receipt for Your Plan, and the reason for Your claim. You may also be asked to upload photos of Your Covered Product.

    Zenni will evaluate Your claim and either approve and ship a replacement, ask for additional information, or deny Your claim.

    If Your claim is accepted, Zenni will provide You with replacement frames and lenses (as well as any films or coatings originally purchased) that is either identical to Your Covered Product or comparable to Your Covered Product, including shipping and handling. In the event Zenni is unable to replace Your Covered Product with an identical or comparable model, Zenni will provide You a credit redeemable at Zenni.com in the amount of Your original purchase price, including any shipping fees and taxes.

    If Your claim is denied, a detailed reason will be provided to You. You will have the right to escalate consideration of Your claim to a supervisor, who will render a final decision regarding Your claim.

  1. DEDUCTIBLES AND CO-PAYS. There is no deductible or co-pay for Your Plan.

  1. CANCELLATION.

    1. You may cancel Your Plan for any reason at any time by emailing claims@zennioptical.com or calling Zenni at (800) 211-2105 between the hours of 5am and 9pm Pacific Time, 7 days a week. You may also mail Zenni a notice of cancellation to [150 Alameda del Prado, Novato, California, 94949]. If You request cancellation within 60 days of the date You purchased Your Plan, and no claim has been filed under Your Plan, You will receive a 100% refund of the amount you paid for Your Plan and Your Plan will be void. For any other cancellation request made more than 60 days after the date of the Plan purchase date, You will receive a pro-rata refund based on the remaining Term of Your Plan, less the retail value of any replacement of Your Covered Product

    2. If you cancel Your Plan within 60 days of the date of Plan purchase, and no claim has been filed under Your Plan, a 100% refund of the amount You paid will be paid or credited to You within 30 days of Zenni’s receipt of Your cancellation notice. For residents of AL, AR, CA, CO, D.C., HI, MA, MD, ME, MN, MO, NJ, NM, NV, NY, SC, TX, WA, WI and WY, Zenni will also pay a 10% penalty for each month or portion thereof that a refund is not paid or credited to You within 30 days of receipt of Your cancellation notice.

    3. Zenni may not cancel Your Plan except for fraud or non-payment by You, or if required to do so by a regulatory agency. A written notice will be provided at least 30 days before cancellation to Your last known email or physical address, with the effective date of the cancellation and the reason for cancellation. You will receive a pro-rata refund based on the remaining Term of Your Plan, less the retail value of any replacement of Your Covered Product.

    4. If Your Plan was sold to You in a jurisdiction where the Plan is not available, Zenni will cancel Your Plan and refund 100% of the amount You paid for Your Plan so long as You have not received any replacement for Your Covered Product.

  1. TERRITORIAL COVERAGE. Your Plan is limited to the United States of America, including the District of Columbia. Zenni’s Plan is not available for sale outside the United States or in the U.S. Territories of Guam, Puerto Rico, or the U.S. Virgin Islands.

  1. TRANSFERABILITY. Your Plan is not transferable or assignable to others.

  1. RENEWALS. Your Plan is not renewable.

  1. INSURANCE REGARDING YOUR PLAN: THIS IS NOT A CONTRACT OF INSURANCE; however, Zenni’s obligations under Your Plan are insured under a service contract reimbursement insurance policy issued by Starr Indemnity & Liability Company located at [399 Park Avenue, 2nd Floor, New York, New York, 10022]. If Zenni fails to act on Your claim within 60 days after Your submission of a claim, You may make a claim with Starr Indemnity & Liability Company directly by calling them at [1-855-438-2390] and Starr Indemnity & Liability Company will pay on Zenni’s behalf any sums Zenni is legally obligated to pay pursuant to these Terms and Conditions but that Zenni failed to perform.

  1. LIMITATION OF LIABILITY.

    WITH THE EXCEPTION OF ZENNI’S COVERAGE OBLIGATIONS SPECIFIED IN SECTION 3 ABOVE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZENNI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

    IN NO EVENT SHALL ZENNI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES (WHETHER DIRECT OR INDIRECT) ARISING FROM YOUR PURCHASE OR USE OF YOUR PLAN, AND INCLUDING BUT NOT LIMITED TO (1) DAMAGES RESULTING FROM A DELAY IN RENDERING SERVICES UNDER YOUR PLAN, (2) LOSS OF USE OF YOUR COVERED PRODUCT DURING THE WAITING PERIOD, (3) THE NEED TO OBTAIN REPLACEMENT(S) FOR YOUR COVERED PRODUCT DURING THE WAITING PERIOD.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, ZENNI’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE PURCHASE PRICE OF YOUR COVERED PRODUCT EXCLUSIVE OF SHIPPING AND TAXES.

  1. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER.

    1. Informal Dispute Resolution. Zenni wants to address any concerns You may have without resort to legal proceedings. Most concerns may be quickly resolved in this manner. Thus, You agree to first contact Zenni at legal@zennioptical.com to resolve Your dispute with us informally. Your notice of dispute must be individual to You and must include, as applicable, Your name, Your email address, and Your residential address. Your notice of dispute also must explain the facts of the dispute as You understand them and tell Zenni what You want Zenni to do to resolve the issue. You agree to use Your best efforts to settle any dispute directly through consultation and good faith negotiations, and You agree that a notice of dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either You or Zenni initiating arbitration. A notice of dispute will not be valid unless it contains all of the information required by this paragraph.

      If You commence an arbitration without having previously provided a valid and compliant notice of dispute, You agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and Zenni authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the notice of dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

    2. Agreement to Binding Arbitration. In the unlikely event that You cannot reach an agreement with Zenni after 60 days of good faith negotiation, You agree to resolve any claim, dispute, or controversy arising out of, in connection with, or relating to Your Plan, including but not limited to these Terms and Conditions, through binding arbitration. These Terms and Conditions evidence a transaction involving interstate commerce and any arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

      Except in the event of a Mass Arbitration (as defined below), You agree that all disputes shall be finally settled through binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. The seat of the arbitration will be decided pursuant to the JAMS Rules. You or Zenni may elect to appear at the arbitration in person or, if You and Zenni both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.

      You will have the right to use legal counsel in connection with arbitration at Your own expense. You and Zenni shall select a single neutral arbitrator in accordance with the JAMS Rules. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You and Zenni also agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

      If You initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), and Your claim is ultimately found to be non-frivolous and not in bad faith, Zenni will reimburse all filing fees in excess of $250. Zenni will also pay all other arbitration costs in connection with the arbitration, other than costs incurred by You for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Zenni if You do not prevail in arbitration, unless the arbitrator determines that Your claim was frivolous or brought in bad faith, in which case the arbitrator may award Zenni its attorneys’ fees, expert witness fees, arbitration fees, and/or costs. Zenni will also reimburse You for any portion of the $250 filing fee that is more than what You would otherwise have to pay to file suit in a court of law.

    3. Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND ZENNI AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. You further agree to waive Your rights to file a class action or seek relief on a class basis. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then You agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.

    4. Mass Arbitration Before NAM. Notwithstanding Your agreement to arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and share common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, You and Zenni agree that the demands will constitute a “Mass Arbitration.” You agree that any Mass Arbitration shall not be governed by the JAMS Rules or administered by JAMS, but will instead be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”).

      The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. In the event of any failure or refusal to commence a Mass Arbitration before NAM, You or Zenni may seek an order from a court of competent jurisdiction compelling compliance with these Terms and Conditions and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, You and Zenni agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Zenni acknowledge that either party's failure to comply with this paragraph would irreparably harm the other, and You agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

    5. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions above by sending written notice of Your decision to opt-out by emailing Zenni at privacy@zennioptical.com. The notice must be sent within thirty (30) days of your purchase of Your Plan; otherwise You shall be bound to arbitrate disputes in accordance with these Terms and Conditions. If You opt-out of these arbitration provisions, Zenni also will not be bound by them.

    6. Exclusive Venue for Litigation Not Subject to Arbitration. To the extent that the arbitration provisions set forth above do not apply or if You opt out of arbitration, You and Zenni agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco County, California, and any litigation shall be filed exclusively in state or federal courts located in San Francisco, California (except for small claims court actions which may be brought in the county where you reside).

    1. SPECIAL STATE DISCLOSURES:

      Regulation of Protection Plans may vary widely from state to state. Any provision within this Agreement, which conflicts with the laws of the state where You reside, shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Plan was purchased in one of the following states and supersede any other provision within Your Plan terms and conditions to the contrary.

      ARIZONA only Definitions: A “Consumer” means a contract holder, inclusive of a buyer of the Covered Product (other than for re-sale), any person to whom the Covered Product is transferred to during the duration of the Coverage Term, or any person entitled to receive performance on the part of the Obligor under applicable law. “Service Dealer” is any person or entity that performs or arranges to perform services pursuant to a Plan which the Service Dealer issues. “Administrator” means an entity which agrees to provide contract forms; process claims and procure insurance for and on behalf of a Service Dealer in performance of the obligations pursuant to a Plan, but which may not itself perform actual repairs.

      All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the Seller. All references to denial or exclusion from coverage are applicable only if they happened while the product was owned by you.

      Cancellation: If Your written notice of cancellation is received prior to the expiration date, We will provide a pro rata refund after deducting for administrative expenses associated with the cancellation, regardless of prior services rendered against the Plan. No claim incurred or paid shall be deducted from the amount of the refund. The cancellation provision shall not contain both a cancellation fee and a cancellation penalty. The administrative expenses may not exceed $75 dollars or ten percent of the purchase price of the Plan, whichever is less. To arrange for cancellation of this Plan, please contact Your Seller. Starr Protection Solutions, LLC is the Provider and the Obligor for this Plan in Arizona. Dispute Resolution: Both parties must agree to arbitration. Additionally, as an Arizona resident you may follow the process to resolve complaints under the provisions of A.R.S. §§20-1095.09 and 20-461, Unfair Trade Practices, as outlined by the Arizona Department of Insurance and Financial Institutions. You have a right to file a complaint with the Department of Insurance and Financial Institutions against Us by contacting the Department of Insurance and Financial Institutions at 602-364-2499 or difi.az.gov.

      ARKANSAS only: The following provision applies to HOW TO FILE A CLAIM section: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Plan provisions.

      CALIFORNIA only: With respect to California contract holders, the Administrator under this Plan is Zenni Optical, Inc. The Obligor under this Plan is Starr Protection Solutions LLC. This Plan may be canceled by the contract holder for any reason, including, but not limited to, the Product covered under this contract being sold, lost, stolen or destroyed. If You decide to cancel this Plan, and cancellation notice is received by the Seller within 60 days of the date You received this Plan, and You have made no claims against this Plan, You will be refunded the full Plan price, less any claims; or if this Plan is canceled by written notice after 60 days from the date You received this Plan, You will be refunded a prorated amount of the Plan price, less any claims paid or less an administrative fee of 10% of the Plan price or $25, whichever is less, unless otherwise precluded by law. To arrange for cancellation of this Plan, please contact Your Seller.

      COLORADO only: Action under this Plan may be covered by the provisions of the “Colorado Consumer Protection Act” or the “Unfair Practices Act,” Articles 1 and 2 of Title 6, C.R.S. A party to this Plan may have a right of civil action under the laws, including obtaining the recourse or penalties specified in such laws.

      CONNECTICUT only: The term of this Plan is automatically extended by the length of time in which the Covered Product is in the Obligor’s custody for repair under this Plan. In the event of a dispute with the Obligor, You may contact the State of Connecticut Insurance Department: P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Product, the cost of repair of the Product, and a copy of this Plan. If the Obligor fails to pay or to provide service on a claim within sixty (60) days after proof of loss has been filed, the Plan holder is entitled to submit a claim directly to Starr Indemnity & Liability Company who insures the Obligor’s obligations under this Plan, at [(855) 438-2390] or 399 Park Ave, 3rd Floor, New York, NY 10022.

      FLORIDA only: The Obligor under this Plan is Starr Indemnity & Liability Company. The Administrator under this Plan is Zenni Optical, Inc. If You cancel this Plan, You will receive a refund equal to 90% of the unearned pro rata purchase price of the Plan, less any claims that have been paid or less the cost of repairs made on Your behalf. To arrange for cancellation of this Plan, please contact Your Seller. If We cancel this Plan, You will receive one hundred percent (100%) of the unearned pro rata purchase price of this Plan, less any claims paid or the cost of repairs made on Your behalf. The rates charged for this Plan are not subject to regulation by the Florida Office of Insurance Regulation.

      HAWAII only: You may return this Plan within thirty (30) days of the date this Plan was provided to You or within twenty (20) days if this Plan was delivered to You at the time of sale. If You made no claim, this Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. The Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of this Plan to the Seller. These provisions apply only to the original purchaser of this Plan. In the event the Obligor cancels this Plan, We will mail a written notice to You at Your last known address at least 5 days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by You relating to the Covered Product or its use, or a substantial breach of Your duties relating to the Covered Product or its use. Obligations of the Obligor under this Plan are insured under a Plan contractual liability policy issued by Starr Indemnity & Liability Company, 399 Park Ave, 3rd Floor, New York, NY 10022. If You have a question or complaint, You may contact the Insurance Commissioner, Hawaii Insurance Division, PO Box 3614, Honolulu, Hawaii, 96811.

      ILLINOIS only: Starr Protection Solutions, LLC, (and not the dealer or manufacturer), is the Obligor under this Plan in the State of Illinois. The Obligor will pay the cost of covered parts and labor necessary to restore the Product (s) to normal operating condition as a result of covered or mechanical component failure due to normal wear and tear. You may cancel this Plan at any time. If You cancel this Plan within the first thirty (30) days of purchase and if no service has been provided to You, You shall receive a full refund of the purchase price less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). If You cancel this Plan at any other time or if You cancel after service has been provided to You, You shall receive a refund equal to the pro rata purchase price less the value of any service received and less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). To arrange for cancellation of this Plan, please contact Your Seller. If the Obligor fails to pay or to provide service on a claim within sixty (60) days after proof of loss has been filed, the Plan holder is entitled to submit a claim directly to Starr Indemnity & Liability Company which insures the Obligor’s obligations under this Plan at the following address: 399 Park Avenue, 3rd Floor, New York, NY 10022.

      KENTUCKY only: If processing of a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Obligor, the claim may be submitted to Starr Indemnity & Liability Company who insures the Obligor’s obligations under this Plan at 399 Park Avenue, 3rd Floor, New York, NY 10022.

      MAINE only: The following provision applies to HOW TO FILE A CLAIM section: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Plan provisions.

      MARYLAND only: The definition of “Term” is amended to also provide that Your Plan is extended automatically to the extent Zenni fails to perform services under the Plan and Your Plan will not terminate until the services are provided to You in accordance with these Terms and Conditions. Md. Code Ann., Com. Law § 14-404. Further, if for any reason Zenni fails to respond to a claim You submit within 10 days from the date of Your submission, Zenni is required, upon Your request, to provide a brief statement explaining the reasons for the delay. Md. Code Ann., Com. Law § 14-404(d).

      MISSOURI only: The following provisions apply only to the original purchaser of this Plan, and only if no claim has been made prior to the return of this Plan: You may return this Plan within twenty (20) days of the date this Plan was mailed to You or within ten (10) days if this Plan was delivered to You at the time of sale. If You made no claim under this Plan, the Plan is void and the full purchase price will be refunded to You or credited to Your account. To arrange for cancellation of this Plan, please contact Your Seller. The Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of this Plan to the Seller. The Deductible (if applicable) is a non-refundable amount You will be assessed, per Claim, prior to receiving covered services under this Plan, as indicated on the purchase confirmation page. The following provision applies to HOW TO FILE A CLAIM section: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Plan provisions.

      NEVADA only: This Plan is renewable at Our option. This Plan is not an insurance policy. This Plan does not provide replacement or service coverage for failures or breakdowns arising from pre-existing conditions or for any form of consequential damages. The purchase price is as indicated on the bill of sale or receipt or declarations page and is considered to be a part of the contract.

      The cancellation provision in this Plan is hereby deleted and replaced with the following:

      This Plan is void and We will refund to You the purchase price of this Plan, if no service or replacement claim has been made and You return the contract to Us:

      (a) Within 20 days after the date this Plan was mailed or otherwise sent to You; or

      (b) Within 10 days after You have received a copy of this Plan if We have furnished You with a copy of this Agreement at the time when this Agreement was purchased.

      To arrange for cancellation of this Plan, please contact Your Seller. We will refund to You the purchase price of this contract within 45 days after it has been returned to us. If We do not refund the purchase price within 45 days, We will pay You a penalty of 10 percent (10%) of the purchase price for each 30-day period that the refund remains unpaid. You may also cancel this Plan at any other time and receive a refund equal to the pro rata purchase price. These provisions apply only to the original purchaser of this Plan.

      We may not cancel this contract once it has been in effect for at least seventy (70) days, except for the following conditions:

      (a) Failure by You to pay this Plan purchase price;

      (b) The contract holder being convicted of a crime which results in an increase in the service required under this Plan;

      (c) Discovery of fraud or material misrepresentation perpetrated by You in purchasing this contact or obtaining service;

      (d) The discovery of an act or omission, or a violation of any condition of this contract by You which substantially and materially increases the service requested under this Plan; or

      (e) A material change in the nature or extent of the service required under this Plan, which occurs after the purchase of this contract, and substantially and materially increases the service required beyond that contemplated at the time of purchase.

      If We cancel this Plan for any of the above reasons, You will receive a refund equal to the pro rata purchase price. With respect to each Product covered under this Plan, the Administrator and/or Obligor liability is limited to the original retail purchase price You paid for such Product. We may not cancel this Plan until at least fifteen (15) days after the notice of cancellation has been mailed to You. The obligations under this Plan are guaranteed by Starr Indemnity & Liability Company located at 399 Park Ave., 3rd Floor, New York, NY 10022. If You are not satisfied with the manner in which We are handling service under this Agreement, You may contact the Nevada Commissioner by use of the toll-free number of the Division, (888) 872-3234.

      NEW HAMPSHIRE only: The provisions of Section 7(C), CANCELLATION, are amended to state the following: Zenni may cancel Your Plan for any reason within seventy (70) days from the date of purchase. After seventy (70) days, Zenni may only cancel Your Plan if (a) You fail to pay an amount when due; (b) You are convicted of a crime which results in an increase in the services Zenni must provide under the Plan; (c) Zenni discovers a fraud or material misrepresentation by You in purchasing the Plan or presenting a claim under the Plan; (d) Zenni discovers (1) an act or omission by You or (2) a violation by You of any of the terms and conditions of the Plan which occurred after the effective date of Your Plan and which substantially and materially increases the service required under the Plan; or (e) there is a material change in the nature or extent of the required service which occurs after the effective date of Your Plan and which causes the required service to be substantially and materially increased beyond that contemplated at the time that the Plan was sold. N.M.S.A. 1978 § 59A- 58-12.

      If you have any concerns regarding the handling of your claim, you may contact the Office of Superintendent of Insurance at 1-855-427-5674. Bulletin 2017-016, 2017 WL 6517555 (NM INS BUL)

      NEW YORK only: The obligations of the Obligor under this Plan are insured under a Plan reimbursement insurance policy issued by Starr Indemnity & Liability Company. If the Obligor fails to perform under this Agreement, including failure to return any unearned fee in the event of cancellation, Starr Indemnity & Liability Company will pay all sums the Obligor is legally obligated to pay under this Agreement or perform any service the Obligor is legally obligated to perform under this Agreement. You may return this Plan within twenty (20) days of the date this Plan was provided to You or within ten (10) days, if this Plan was delivered to You at the time of sale. If You made no claim, this Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. We will pay a penalty of ten percent (10%) per month on a refund that is not made within thirty (30) days of return of this Plan. These provisions apply only to the original purchaser of this Plan In the event We cancel this Plan, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. A written notice is not required, if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the Covered Product or its use. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed, the claim can be submitted to Starr Indemnity & Liability Company located at 399 Park Ave, 3rd Floor, New York, NY 10022, [(855) 438-2390].

      OKLAHOMA only: The Obligor under this Plan is Starr Underwriting Agency, Inc. (License # 44200902). This plan is a service agreement and is not an insurance policy. The Cancellation conditions do not apply to Oklahoma state residents. In the event You cancel this Plan, You shall receive a refund equal to ninety percent (90%) of the unearned pro-rata purchase price less the cost of any service received. To arrange for cancellation of this Plan, please contact Your Seller. In the event We cancel this Plan, You shall receive a refund equal to one hundred percent (100%) of the unearned pro-rata purchase price, less the cost of any service received. This is not an insurance contract. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. The term of this Plan is automatically extended by the length of time in which the Covered Product is in the Obligor’s custody for repair under this Plan. While arbitration is mandatory, the outcome of any arbitration shall be nonbinding on the parties, and either party shall, following arbitration, have the right to reject the arbitration awarded and bring suit in a district court of Oklahoma. The following provision applies to HOW TO FILE A CLAIM section: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Plan provisions. INSURANCE REGARDING YOUR PLAN section the following language is being added, Our obligations are guaranteed under a reimbursement insurance policy issued by Starr Indemnity & Liability Company. Starr Indemnity & Liability Company is located at 399 Park Avenue, 3rd Floor, New York, NY 10022, and you may contact them toll free at [(855) 438-2390].

      OREGON only: Arbitration: If You are a resident of Oregon, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement. Any arbitration occurring under this Plan shall occur in an agreed upon location by both parties and be administered in accordance with the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (the “Arbitration Rules”) unless any procedural requirement of the Arbitration Rules is inconsistent with the Oregon Uniform Arbitration Act in which case the Oregon Uniform Arbitration Act shall control as to such procedural requirement. Any award rendered shall be a nonbinding award against You. The following provision applies to HOW TO FILE A CLAIM section: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Plan provisions. INSURANCE REGARDING YOUR PLAN section the following language is being added, Our obligations are guaranteed under a reimbursement insurance policy issued by Starr Indemnity & Liability Company. Starr Indemnity & Liability Company is located at 399 Park Avenue, 3rd Floor, New York, NY 10022, and you may contact them toll free at [(855) 438-2390].

      SOUTH CAROLINA only: In order to prevent damage to the Covered Product, please refer to the owner’s manual. This Plan does not provide coverage for pre-existing conditions. This Plan does not cover repair and replacement necessitated by loss or damage resulting from 1) any cause other than normal use and operation of the Product in accordance with manufacturer’s specifications and/or owner’s manual or 2) failure to use reasonable means to protect Your Product from further damage after a breakdown or performance failure occurs. You may return this Plan within twenty (20) days of the date this Plan was provided to You, or within ten (10) days, if this Plan was delivered to You at the time of sale. If You made no claim, this Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. We will pay a penalty of ten percent (10%) per month on a refund that is not made within forty- five (45) days of return of this Plan. These provisions apply only to the original purchaser of this Plan. In the event We cancel this Plan, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The written notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the covered property or its use. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed, the claim can be submitted to Starr Indemnity & Liability Company, which insures the obligations under this Plan, located at 399 Park Ave., 3rd Floor, New York, NY 10022. In the event You have a question or complaint, You may contact the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina, 29202-3105, (803) 737-6134.

      TEXAS only: You may return this Plan within twenty (20) days of the date this Plan was provided to You or within ten (10) days if this Plan was delivered to You at the time of sale. If You made no claim, this Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. We will pay a penalty of ten (10) percent of the amount outstanding per month on a refund that is not made within forty-five (45) days. These provisions apply only to the original purchaser of this lan . In the event We cancel this Plan, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered Product or its use. Obligations of the provider under this Plan are insured under a Plan reimbursement policy. In the event a covered service is not provided by Us within sixty (60) days after proof of loss has been filed, the claim can be submitted to Starr Indemnity & Liability Company located at 399 Park Ave, 3rd Floor, New York, NY 10022. Unresolved complaints concerning a provider or questions concerning the registration of a Plan provider may be addressed to the Texas Department of Licensing and Regulations, PO Box 12157, Austin TX 78711, 1 (800) 803-9202.

      UTAH only: The language in CANCELLATION section regarding Our rights to cancel this agreement is deleted and replaced with: We may cancel this Plan by providing You with thirty (30) days written notice for the following reasons only: material misrepresentation, substantial change in the risk assumed or substantial breaches of contractual duties. We may cancel this Plan by providing you with ten (10) days written notice, if the reason for cancellation is non-payment by you. The following provision applies to HOW TO FILE A CLAIM section: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Plan provisions. All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the dealer. The following sentences are added to the end of the DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER section: 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 or other recognized arbitrator), a copy of which is available on request from the company. Any decision reached by arbitration shall be binding upon both you and the company. 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. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to Starr Indemnity & Liability Company, who insures the Administrator’s obligations under this Plan, located at 399 Park Avenue, 3rd Floor, New York, NY 10022, [(855) 438-2390]. Coverage afforded under this Plan is not guaranteed by the Property and Casualty Guaranty Association. This Plan or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.

      VERMONT only: You may return this Plan within twenty (20) days of receipt and, if no claim for service has been made, receive a full refund of the purchase price. To arrange for cancellation of this Plan, please contact Your Seller. Our obligations under this Plan are supported by a contractual liability insurance policy issued by Starr Indemnity & Liability Company. In an event that We are unable to perform under the contract, Starr Indemnity & Liability Company, which shall pay on Our behalf any sums We are legally obligated to pay and shall provide the service, which We are legally obligated to perform according to the Our contractual obligations under this Plan. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to Starr Indemnity & Liability Company located at 399 Park Avenue, 3rd Floor, New York, NY 10022, [(855) 438-2390].

      VIRGINIA only: If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.

      WASHINGTON only: The “INSURANCE REGARDING YOUR PLAN” provision of these Terms and Conditions as set forth above is deleted in its entirety and replaced with the following: This is not an insurance policy. Obligations of the Plan obligor under this Plan are backed by the full faith and credit of the Plan obligor, Starr Underwriting Agency, Inc., located at 399 Park Avenue, 3rd Floor, New York, NY 10022. You may contact them toll-free at [(855) 438-2390].

      WISCONSIN only: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Arbitration: If You are a resident of Wisconsin, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, or if the provider becomes insolvent or otherwise financially impaired, the claim can be submitted to Starr Indemnity & Liability Company, who insures Our obligations under this Plan, located at 399 Park Avenue, 3rd Floor, New York, NY 10022, [(855) 438-2390]. You may return this Plan within twenty (20) days of the date this Plan was mailed to You, or within ten (10) days, if this Plan was delivered to You at the time of sale. If You made no claim, this Plan is void and the full purchase price will be refunded to You or credited to Your account. To arrange for cancellation of this Plan, please contact Your Seller. We will pay a penalty of ten (10) percent per month on a refund that is not paid or credited within forty-five (45) days after return of this Plan to Us. If We cancel this Plan, We will provide You at least 5 days written notice prior of cancellation stating the effective date and reason. These provisions apply only to the original purchaser of this Plan. In the event that You experience a total loss of property covered by this contract that is not covered by a replacement of the property pursuant to the terms of the contract, You shall be entitled to cancel this contract and receive a pro rata refund of any unearned provider fee, less any claims paid. Lack of pre-authorization shall be the sole grounds for a claim denial; however, unauthorized repairs may not be covered if evaluated to have been at an unreasonable expense.

      WYOMING only: You may return this Plan within twenty (20) days of the date this Plan was provided to You, or within ten (10) days, if this Plan was delivered to You at the time of sale. If You made no claim, this Plan is void and the full purchase price will be refunded to You. To arrange for cancellation of this Plan, please contact Your Seller. We will pay a penalty of ten (10) percent on a refund that is not paid or credited within forty-five (45) days after return of this Plan to Us. These provisions apply only to the original purchaser of this Plan. In the event We cancel this Plan, We will mail a written notice to You at Your last known address at least ten (10) days prior to cancellation, which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required, if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by You relating to the Covered Product or its use, or a substantial breach of Your duties relating to the Covered Product or its use. Obligations under this Plan are insured by Starr Indemnity & Liability Company located at 399 Park Avenue, 3rd Floor, New York, NY 10022.