REPLACEMENT PLAN TERMS AND CONDITIONS

DEFINITIONS

The following definitions apply to words used frequently throughout this Agreement and which appear in bold-faced type.

Administrator – LOTSolutions, Inc., 10751 Deerwood Park Blvd., Suite 200, Jacksonville, FL 32256, 888-209-3406.

Cost – The replacement cost of Covered Part(s).  Replacement of any covered part may be made with new, remanufactured, rebuilt, or like kind and quality at the time of repairs at the discretion of the Administrator/Provider.  Parts will be reimbursed up to the manufacturer’s suggested list price for parts. 

Covered Part(s) – The part(s) listed as PART(S) COVERED on the Registration Page.

Normal Wear and Tear – The natural and inherent wear characteristics of automobile parts. Reduction in operating performance of a Covered Part that exceeds the published tolerances allowed by the manufacturer will not be considered Normal Wear and Tear.

The provider (“We”, “Us”, “Our”) – Auto Parts4Less, Inc., 106 W. Mayflower Ave., North Las Vegas, NV 89030.

Registration Page – Page 1 of this Replacement Plan where information regarding You, Your Covered Parts, and coverage options is shown.

Repair Facility - A Repair Facility licensed to perform mechanical repairs.

Replacement Plan – This plan provides replacement coverage for Covered Part(s) listed on the Registration Page.

Term – The number of months the Replacement Plan is in force as indicated on the Registration Page. 

You or Your - The customer identified under the Customer Information section on the Registration Page.

COVERAGE

This Replacement Plan covers the replacement cost of Covered Part(s) subject to the exclusions listed within. We will replace only the Covered Part(s) listed as PART(S) COVERED on the Registration Page.  A Covered Part has failed when it can no longer perform the function for which it was designed solely because of its condition and not because of the action or inaction of any non–covered parts. The benefits available under this Replacement Plan are strictly provided to You for the replacement of the Covered Part(s) that fail due to defect.

This Replacement Plan excludes the following parts and services:  

1. Replacements are performed without the Administrator’s prior authorization.
2. For Costs covered by any Parts Replacement Plan, insurance policy, or any other guarantee. We may require You to assign Your rights of recovery against others if We pay for any claim made under this Replacement Plan. We will not pay for any claim hereunder if You impair these rights of recovery. You may not waive Your right(s) to recover from others.
3. Covered Part(s) damaged by abnormal use, misuse, neglect, accident, and alteration or “tampering with”.
4. Failure is caused by contamination, overheating, or lack of coolant or fluids.
5. Parts needed to maintain Your vehicle (oil, filters, tune-up, spark plugs, etc.) or parts of the vehicle that require regular maintenance (belts, hoses, etc.) as recommended by the manufacturer’s maintenance or replacement intervals, unless the part is specifically listed as PART(S) COVERED on the Registration Page.
6. Fuses, relays, speakers, graphic equalizers, DVD players, VHS players, speakers, visual and other electronic equipment (including game systems), telephones, radar detectors and GPS equipment, and electronic transmitting/receiving devices, unless the part is specifically listed as PART(S) COVERED on the Registration Page.
7. Freon, fluids, fluid leaks, or damage caused by fluid leaks; damage or failure caused by sludge or water ingestion.
8. Seals and Gaskets are not covered by this Replacement Plan.
9. Diagnostic and tear-down charges.
10. If the responsibility for the repair is covered by an insurance policy, manufacturer and/or recalls, or any other Replacement Plan or service contract.
11. Exhaust systems including catalytic converters and/or for repairs made solely to maintain any governmental emission standards.
12. Failure(s) caused by Normal Wear and Tear.
13. Failure(s) caused by collision or impact.
14. Vehicles that are used for excessive hauling and pulling, tow trucks, snowplows, emergency vehicles, taxi cabs, livery, and police vehicles are specifically excluded from coverage.
15. Any damage that occurs outside the United States of America, and Canada.
16. Any Cost is other than the Cost of the qualifying Covered Part(s). 
17. Repairs if Your vehicle has been declared a total loss, salvaged, or junk vehicle.
18. Fraudulent representations to obtain this Replacement Plan or when presenting a request for replacement under this Replacement Plan.
19. This Replacement Plan does not cover the replacement(s) of any part(s) other than those listed under PART(S) COVERED on the Registration Page.
20. This Replacement Plan does not in any way cover incidental or consequential damages even if caused by the failure of a Covered Part.
21. More than one replacement for the same Covered Part.

FILING A CLAIM

1. In the event the Covered Part(s) fail due to defectiveness, You must contact the Administrator at 888-209-3406 for instructions before ANY repairs or replacements have begun on Your vehicle.  You will be instructed to take the failed Covered Part(s) to a Repair Facility.
2. The Repair Facility must call the Administrator at 888-209-3406 for approval prior to replacing qualifying Covered Part(s).
3. The Repair Facility must provide an estimate of Covered Part(s) to obtain approval.  No claim payments will be made if the Administrator has not issued a claim approval reference number prior to replacing qualifying Covered Part(s).
4. Reimbursement for qualifying Covered Part(s) replacement(s) performed outside of normal business hours can be obtained by You only if You call the Administrator at 888-209-3406 for instruction on the first business day after such emergency replacement(s) are performed unless You show that it was not reasonably possible to give notice or file the proof of loss within the prescribed time and that the notice was filed as soon as reasonably possible.

AUTHORIZATION IS REQUIRED FROM THE ADMINISTRATOR PRIOR TO ANY REPLACEMENT OF THE COVERED PARTS. Call the administrator toll-free at 888-209-3406 to File a Claim.

PLEASE READ THIS DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, INCLUDING THE OPT-OUT PROVISION, CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES THAT CLAIMS (AS DEFINED BELOW) BE RESOLVED SOLELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY A JURY OR IN A CLASS ACTION.

Arbitration is a method of resolving any Claim without filing a lawsuit. In this Arbitration Agreement and Class Action Waiver (collectively including all of this section of this Replacement Plan), You, We, and the Administrator (the “Parties”) are agreeing to submit any and all Claims to binding arbitration on an individual basis for resolution. This Arbitration Agreement and Class Action Waiver sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree that any and all claims, disputes, and controversies related in any way to this Replacement Plan, including but not limited to claims related to the underlying transaction giving rise to this Replacement Plan, or claims related to the sale, financing, or fulfillment of this Replacement Plan (collectively, “Claims”), shall be resolved by final and binding arbitration.  “Claims” shall be given the broadest meaning possible and includes, without limitation, Claims arising under agreement, tort, statute, regulation, rule, ordinance, or other rule of law or equity, and Claims against any of Our or the Administrator’s owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, agents, successors, or assigns. “Claims” does not include a statutory claim for public injunctive relief brought under any California statute enacted for a public reason, provided that You are a California resident or that You purchased Your Replacement Plan in California.  In arbitration, Claims are resolved by an arbitrator and not by a judge or jury.  THE PARTIES, INCLUDING YOU, WAIVE ANY RIGHT TO HAVE CLAIMS DECIDED BY A JUDGE OR JURY.  In addition, except as expressly stated in the Class Action Waiver or otherwise expressly stated herein, the arbitrator shall have exclusive authority to decide all issues related to the enforcement, applicability, scope, validity, and interpretation of this Arbitration Agreement, including but not limited to any unconscionability challenge or any other challenge that the Arbitration Agreement is void, voidable or otherwise invalid. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim, on an individual basis, within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under or related to this Replacement Plan.

The Parties agree and acknowledge that the transaction evidenced by this Replacement Plan affects interstate commerce. The Parties further agree that all issues relating to this Arbitration Agreement and Class Action Waiver, including its enforcement, scope, validity, interpretation, and implementation, will be determined pursuant to federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16.  If federal substantive law holds that state law should apply to any issue relating to this Arbitration Agreement and Class Action Waiver, then the law of the state where You purchased the Replacement Plan shall apply, without regard to conflicts of law. 

CLASS ACTION WAIVER.  All Claims must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, representative action, mass action, private attorney general action or action on behalf of the general public, or similar proceeding (any such action is referred to herein as a “Class Action”).  NO CLAIM WILL BE ARBITRATED ON A CLASS ACTION BASIS.  The Parties, including You, expressly waive any right or ability to bring, assert, maintain, or participate as a class member in any Class Action in court, arbitration, or any other forum, and the right for anyone to do so on Your behalf.  The arbitrator may not consolidate more than one person or entity’s claims and may not otherwise preside over any Class Action.  The arbitrator shall not have the authority to combine or aggregate multiple persons’ or entities’ Claims or discovery, to conduct a Class Action, or to make an award to any person or entity not a party to the arbitration.  Notwithstanding anything to the contrary, the Parties agree that the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver shall be decided by a court of competent jurisdiction and not by an arbitrator.  If this Class Action Waiver is ruled unenforceable or is interpreted to not prevent a Class Action, then the Arbitration Agreement shall be null and void, and any Claims shall proceed in a court of law and not in arbitration.  The Parties agree that if an arbitrator renders a decision regarding the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver, or determines that a Class Action may proceed in arbitration, then:  (1)  the arbitrator has exceeded his powers, pursuant to §10(a)(4) of the FAA, by taking such action;  (2) either party may seek immediate review of that decision by a court of competent jurisdiction; and (3) a court of competent jurisdiction shall apply a “de novo” standard of review of that decision if such standard of review is allowed by the common law or statutes of that state.  The Parties, including You, agree that if for any reason a Claim proceeds to Court, rather than arbitration, (1) the Claim will proceed solely on an individual, non-class, non-representative basis, and (2) no Party may be a class representative or class member or otherwise participate in any Class Action. 

The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be conducted pursuant to the AAA Consumer Arbitration Rules (the “Code”). Information on AAA and a copy of the Code may be found at the following URL:  American Arbitration Association, www.adr.org.  The arbitration will be governed by federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16.  If federal substantive law holds that state law should apply to any issue relating to the arbitration, then the law of the state where You purchased the Replacement Plan shall apply, without regard to conflicts of law.  The arbitration will occur before a single, neutral arbitrator is selected in accordance with the Code in effect at the time the arbitration is commenced. If Your total damage claims (not including attorney’s fees) do not exceed $25,000, then all Claims shall be resolved by the Code’s Procedures for the Resolution of Disputes through Document Submission, except that a Party may ask for a hearing or the arbitrator may decide that a hearing is necessary.  If a hearing is held, You have a right to attend the arbitration hearing in person, and You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. In the event that the specified arbitration forum is unavailable, the Parties may agree on a substitute arbitration forum.  If the Parties cannot agree, a court of competent jurisdiction may appoint a substitute arbitration forum.  For information about how to initiate arbitration with the AAA, the Parties may refer to the AAA Code and forms at www.adr.org. If You initiate arbitration with AAA, You must pay the AAA filing fee in an amount no greater than the fee You would have to pay if You filed a complaint in federal court.  We will pay any remaining Costs of arbitration required by the Code (“Arbitration Costs”); however, if the arbitrator determines that any of Your claims are frivolous, You shall bear all of the Arbitration Costs.  If We initiate arbitration against You, We will pay the AAA filing fee and the Arbitration Costs. Each party will pay his/her/its own attorney’s fees, as well as costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the Code gives a party the right to recover any of those fees from the other party.  An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration. 

If any portion of this Arbitration Agreement is deemed invalid or unenforceable, all the remaining portions of this Arbitration Agreement shall nevertheless remain valid and enforceable, provided, however, that if any portion of the Class Action Waiver is deemed invalid or unenforceable, then this Arbitration Agreement shall be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Agreement and Class Action Waiver and the other provisions of this Replacement Plan or any other agreement, this Arbitration Agreement and Class Action Waiver governs.

OPT-OUT PROVISION.  YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS PARTS Replacement Plan (THE DATE OF PURCHASE BEING INDICATED ON YOUR PARTS Replacement Plan.  To opt out, You must send a written notice to 106 W. Mayflower Ave., North Las Vegas, NV 89030, Attn: Legal, with the subject line, “Arbitration/Class Action Waiver Opt Out.”  You must include in Your opt-out notice:  (a) Your name and address; and (b) the date You purchased Your Replacement Plan.  If You properly and timely opt-out, then all Claims will be resolved in court rather than arbitration.

AUTHORIZATION IS REQUIRED FROM THE ADMINISTRATOR PRIOR TO ANY REPLACEMENT OF COVERED PARTS. Call the administrator toll-free at 844-870-4881 to File a Claim.