Systems Warranty

CRYOFX® SYSTEMS WARRANTY AGREEMENT

This CryoFX® Service Agreement, hereinafter referred to as the “Agreement”, is issued by CryoFX® Services LLC. Such entity is hereinafter referred to as the “Issuing Company”, or “we”, “us”, and/or “our”. The owner of the installed CryoFX® Special Effects System covered by this Agreement is hereinafter referred to as “you” and/or “your”. The “Special Effects System” covered by this Agreement is hereinafter referred to as “System” and/or “The System”. This is a Warranty Service Agreement, not an insurance policy.

FOR INSTALLED CryoFX® SPECIAL EFFECTS SYSTEMS, CryoFX® REQUIRES A MINIMUM OF 1 YEAR END TO END GAS & MAINTENANCE SERVICE TO ENSURE THE SPECIAL EFFECTS SYSTEM MAINTAINS WARRANTY COMPLIANCE, READINESS, AND WORKING CONDITIONS. End to end gas and maintenance service is defined as Gas (Co2, Ln2 or Other) ordered through CryoFX and CryoFX Services staff on site facilitation and movement of tanks for filling and system usage. This may also include maintaining fluids and periodic maintenance for other special effects and associated equipment installed by CryoFX.

This Agreement is intended to provide information for repairing certain types of mechanical failures of specific items on the installed CryoFX® Special Effects System. Please read the Agreement carefully. Coverage includes only certain mechanical failures of the specific items listed as covered on the Agreement Coverage Summary Section and excludes all other failures and/or items. The Agreement Coverage Summary is included to and made a part of this Agreement. Coverage is subject to the limitations and conditions specified in this Agreement.

 

This Agreement has provisions for the use of final and binding arbitration to resolve disputes and otherwise limits the remedies available to you. Please see DISPUTE RESOLUTION section for more information about arbitration.

 

I. BASIS FOR COVERAGE

We agree to pay the covered costs to repair or replace the items listed as covered on your Agreement Coverage Summary if any such items become inoperable during the term of this Agreement due to mechanical failure caused by other than routine wear and tear, subject to the terms and conditions of this Agreement. Determination of coverage for any claim will be made solely by us, considering but not limited to, our independent contractor’s diagnosis. We reserve the right, at our option, to replace items rather than repair them. The definitions of the specific items that may be listed on your Agreement Coverage Summary as covered, as well as other limitations on coverage and other terms and conditions, are listed below.

 

This Agreement covers only mechanical failures relating to the mechanical parts and components of those commercial-grade items that were in the system and in proper operating condition on the Agreement effective date. “Mechanical failure” occurs when a covered item becomes inoperable and unable to perform its designed function, subject to the limitations and conditions set forth herein. Mechanical failure is not covered if it is due to: conditions that existed prior to Agreement effective date; lack of routine care and maintenance; misuse; and rust and/or corrosion. “Commercial-grade” items are those that were manufactured and marketed solely for installation and use in a commercial use setting, such as those used in the Special Effects System. The covered item will be deemed to have been in “proper operating condition” on the Agreement effective date if it was correctly located within the system, was properly installed to code at the time of installation, was fully connected, was capable of successfully performing all operations commensurate with the manufacturer’s original design intention, and did not pose any hazard to life or property. Determination of the operating condition as of Agreement effective date, and the nature of any failure, will be made by us based upon the professional opinion of our direct employees or staff, considering but not limited to, our independent contractor’s diagnosis.

 

II. DEFINITION OF ITEMS

This Agreement provides coverage only for those items specifically listed as being covered on your Agreement Coverage Summary. Please refer to your Agreement Coverage Summary. This Agreement defines precisely what mechanical systems and appliances, and which of their parts and components, are covered; only those items specifically so described are covered, subject to the limitations and conditions herein. The items listed in this section as “Examples of Items/Conditions Not Covered” are not meant to be all-inclusive and are provided for illustration. They do not limit our right to decline coverage for items not on the lists and should not in any way be deemed an expansion of items specified as Covered.

 

1. Air Conditioning/Cooling System

Description of Covered Items: Mechanical parts and components of CryoFX® installed centrally ducted air conditioning system or evaporative (swamp) cooler unit, as follows: accessible ductwork from the air conditioning unit to the point of attachment at registers/grills; air handler; blower fan motors; capacitors; compressors; condensers; condenser fan motors; condenser coils; evaporator coils; fan blades; Freon gas lines interior to the unit; internal system controls; internal wiring; motors (excludes dampers); refrigerant (excludes reclamation); refrigerant filter dryer; refrigerant piping (excluding inter-connecting line sets and geo-thermal piping); relays; reversing valves; switches and controls; and thermostats (electronic set back units will be replaced only with standard units). We cover only the CryoFX® installed system with original installed capacity unit(s), and designed for commercial application.

Examples of Items/Conditions Not Covered: Non-CryoFX® installed or previously installed mechanical parts or components to include but not limited to; Primary/secondary condensate drain pans, pumps, and lines; asbestos insulated ductwork or piping; concrete encased or inaccessible ductwork; dampers; filters (including electronic/electrostatic and de-ionizing filter systems); fossil fuel control systems and other energy management systems and controls; geothermal piping; heat recovery unit; humidifiers; interconnecting Freon lines (external of the equipment); panels and/or cabinetry; registers and grills; recapture/reclaim of refrigerant; structural components; water pumps, valves and lines (external of the condenser unit wall units (except as noted above); window units, and water cooling towers. Gas systems, including ammonia systems, and chilled water systems, are not covered.

2. Heating System

Description of Covered Items: Mechanical parts and components of the following CryoFX® installed and directly related to the System: either hot water and steam heating system or centrally ducted forced air/gas/electric heating system or electric baseboard units, if providing the primary source of heat in dwelling, as follows: accessible ductwork from covered heating unit to point of attachment to register/grill; blower fan motors; burners; controls; fan blades; heat/cool thermostats (electronic set back units will be replaced only with standard units); heat exchangers; heating elements; igniter and pilot assemblies; internal system controls, wiring, and relays; motors (excludes dampers); and switches. In no event shall we be liable for claims in excess of $1,000 in the aggregate per Agreement term, per covered property for hot water or steam heating systems including radiators, vent pipes/lines, or oil fired forced air systems.

Examples of Items/Conditions Not Covered: Non-CryoFX® installed or previously installed mechanical parts or components to include but not limited to; Chimneys, flues, and liners; cleaning and re-lighting of burners; concrete encased or inaccessible ductwork; concrete encased steam or radiant heating coils or lines; conditions of water flow restriction due to scale, rust, minerals and other deposits; fossil fuel control systems and other energy management systems and controls; dampers; asbestos insulated ductwork or piping; filters (including electronic/electrostatic and de-ionizing filter systems); fireplaces and their respective components and gas lines; free-standing or portable heating units; fuel storage tanks, lines, and filters; gas log systems, including gas feed lines; humidifiers; inaccessible water/steam lines leading to or from system; individual space heaters; maintenance and cleaning; panels and/or cabinetry; pressure regulators; radiant heating systems built into walls, floors or ceilings; registers and grills; secondary units; solar heating devices and components; and structural components.

 

3. Plumbing System/Plumbing Pipes

Description of Covered Items: Mechanical parts and components of the following: CryoFX® installed plumbing for any fluid medium related to the System.

Examples of Items/Conditions Not Covered: Non-CryoFX® installed or previously installed mechanical parts or components to include but not limited to; All plumbing in or under the ground, foundation or slab; all piping and plumbing outside of the perimeter of the foundation; any piping or plumbing in a detached structure; bath tubs; bidets; caulking or grouting; color or purity of the water in the system; concrete encased plumbing; conditions of insufficient or excessive water pressure; conditions of water flow restriction due to scale, rust, minerals and other deposits; exterior hose bibs; faucets; holding and pressure tanks; inaccessible plumbing; jet pumps; other fluid systems; pressure regulating devices; plumbing stoppages and conditions causing or caused by plumbing stoppages; repair and finish of any walls, floors or ceilings where it is necessary to break through to effect repairs; sinks; solar systems; sump pumps; water damage; water filters; water purification systems; water softeners; wells and well pumps; whirlpools, spas and their respective plumbing and mechanical components.

 

4. Water Heater

Description of Covered Items: Mechanical parts and components of CryoFX® installed water heater(s), including circulatory pumps and domestic hot water coils attached to boilers, but excluding solar and heat recovery units.

Examples of Items/Conditions Not Covered: Non-CryoFX® installed or previously installed mechanical parts or components to include but not limited to; Auxiliary and secondary holding/storage tanks; base pans; color or purity of water; flues; vent pipes/lines; insulation and insulation blankets; heat recovery units; any noise without a related mechanical failure; point of service and/or hot water dispensers; racks; straps; timers; sediment build-up; and solar heaters, including all parts and components.

 

5. Electrical System

Description of Covered Items: Standard mechanical parts or components located within the System and directly related to the System by means of functionality and operations (excluding transmitters and remotes); standard switches, up to the main breaker or fuse panel/box receptacles and general line voltage wiring. Any CryoFX® installed electrical for the System.

Examples of Items/Conditions Not Covered: Non-CryoFX® installed or previously installed mechanical parts, components, or wiring to include but not limited to; exterior wiring and components (except main panels mounted to exterior wall); any wiring or components servicing a detached structure; exhaust fans; fire, smoke or carbon monoxide alarm and/or detection systems and batteries; garage door assemblies including door panels, tracks, rollers, hinges, cables and springs; intercom or speaker systems; lighting fixtures; load control devices; low voltage systems including wiring and relays; sending units; service entrance cables; telephone systems; timers; touch pad assemblies; transmitters and remotes; utility meter base pans; and wall fans. Failures and conditions caused by inadequate wiring capacity, circuit overload, power failure/shortage or surge, and corrosion caused by moisture are not covered.

 

III. SERVICE

1. When repair or replacement services covered by this Agreement are required, you must telephone us at the toll-free service number printed on your Agreement Coverage Summary page. Telephone message service is available twenty-four (24) hours a day, seven (7) days a week. This service is conducted on outbound calls only. You must also send an email to Service at CryoFX.com indicating the issue with photos and videos as this will also be a requirement from the outbound call placed from CryoFX® once phone message is responded to. You must notify us immediately upon discovery of any mechanical failure, and prior to the expiration of the term of the Agreement during which the failure occurred. If you fail to notify us of any mechanical failure prior to the expiration of the term of the Agreement during which the failure occurred, we will not be responsible for the cost of any repairs and/or replacements resulting from the mechanical failure.

 

2. We, at our sole discretion, will provide you either a CryoFX® appointed staff member or an independent contractor. We will use reasonable efforts to provide an independent service contractor within three (3) days after the service request is received during normal business hours. We will initially reply within forty-eight (48) hours for requests received after normal business hours and on weekends or holidays. In the event we determine, at our sole discretion, that there is an emergency situation requiring expedited service, we will make reasonable efforts to expedite service. We will determine, at our sole discretion, which repairs constitute an emergency and will give consideration to covered mechanical failures that affect the state of the system where any safety and/or damage to the system may exist.

 

3. We have sole authority to select in house staff or independent contractors, hereinafter referred to collectively as “Contractors” and/or “Independent Contractors”. All repair and/or replacement work covered by this Agreement must be performed by an independent contractor approved by us in advance. We are not responsible for expenses you incur without our express consent. We will not reimburse you for any costs associated with unauthorized repairs or work performed by unauthorized contractors.

 

4. This Agreement includes a deductible charge, listed on your Agreement Coverage Summary, that you must pay per trade on each service call made towards the covered portion of any claim. When a covered claim requires more than one trade to complete the covered repair/replacement only one deductible charge will be required. Trades include CryoFX direct, air conditioning, heating, electrical, plumbing, and any other trade specifically required to service items listed on your Agreement Coverage Summary. You will be responsible for and shall pay for the independent contractor charges for the service call and for actual work performed and/or items installed, up to the amount of the deductible at the time of visit(s), in a manner acceptable to the independent contractor, unless charges are billed from CryoFX®, at which point would be due to CryoFX®. You are responsible and must pay the independent contractor, directly or through CryoFX®, for any amounts due for services performed or parts installed that are not covered under the terms, conditions and provisions of this Agreement. A service call includes, without limitation, the action of inspecting, diagnosing, and/or performing service for the repair or replacement of a malfunctioning item.

 

5. You agree to provide access to the covered property during normal business hours for the independent contractor to diagnose, obtain approval for, and/or complete repairs for covered mechanical failures. You agree to pay us and/or our independent contractor any service charge and additional charges assessed by our independent contractor resulting from your failure to provide access and/or for missed appointments.
   
   
   
6. Should any building or zoning permits be necessary, you are responsible for paying for and/or obtaining these permits and the cost associated with these permits.

 

7. At our discretion, we may elect to replace a covered item rather than repair it. The decision to replace rather than repair items is solely our option. Should we choose to replace an item, the replacement will be the base model that meets all original equipment manufacturers’ standards, performs the same primary function, and has a capacity comparable with the covered item, when installed within the system. With respect to aesthetics and publicly viewable components, we will make reasonable efforts to provide replacement items of similar mechanical capabilities and/or efficiency of the original unit, when available. We are not liable to provide exact match in color, dye, lot, material, type or brand. When replacing system components or appliances, we will be responsible for the installation of the replacement item but not for the cost of the construction, modifications, carpentry or transitional work made necessary in order to accommodate the replacement, nor for any costs to upgrade or modify items for any reason. Should we determine to replace an item and you instead choose to elect a repair, that item is deemed excluded from further coverage under this Agreement and subsequent renewals.

 

8. At our discretion, we may give you the option to elect to receive a repair/replacement credit or cash payment (net of deductible) in lieu of providing a repair or replacement. In such cases, the amount of such credit shall be equal to the lesser of the approved cost of repair or the estimated cost of replacement. If you elect a credit to our independent contractor, we will pay that amount directly to the independent contractor after the work has been completed. If you elect the cash payment, you must supply documentation supporting that the item in question has been purchased, replaced or repaired prior to receiving the cash payment. Any replacement item must be installed in the covered property as listed on the Agreement Coverage Summary. The amount of the approved cost of repair or replacement will be established by us at our sole discretion. We reserve the right to inspect repaired and/or replacement items.

 

9. We reserve the right to obtain, at our expense, a second opinion by an independent contractor prior to determining eligibility for coverage.

 

IV. GENERAL EXCLUSIONS AND LIMITATIONS

1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any items not specifically named as covered on your Agreement Coverage Summary.

 

2. This Agreement shall not cover any item(s) if they are: mismatched (systems with incompatible components with different capacity ratings); modified from the original manufacturer design or application; previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or altered by someone other than authorized by CryoFX.
3. This Agreement covers only repairs and/or replacements due to mechanical failure not attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse or misuse; improper installation; improper or insufficient maintenance; neglect or misuse; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.

 

4. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water or fluid pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.

 

5. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement system or appliance or component, or part thereof or with new type of fuel, chemical or material utilized to run the replacement equipment including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by federal, state, or local governments. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and local law, code, regulation, or ordinance. All such costs are your responsibility.

 

6. SEER (Seasonal Energy Efficiency Ratio) operational compatibility: If we elect to replace an air conditioning condenser or heat pump unit, and it becomes necessary to make a mechanical modification to the evaporator coil in order to provide operational compatibility, we agree to pay the covered costs for one (1) of the following (determination is at our sole discretion) only: expansion metering device, or coil, or air handler. This Agreement does not cover any costs associated with modifications or upgrades required to match efficiency value, rating or ratio.

 

7. This Agreement does not cover: fees associated with the removal and disposal of old systems, appliances and components; any fees or costs, including but not limited to, disposal fees arising from hazardous or toxic material, asbestos, Freon or Freon reclamation.

 

8. This Agreement does not cover repair or replacement of systems or components classified by the manufacturer as domestic-grade.

 

9. This Agreement does not cover (a) fees associated with use of cranes or other lifting equipment required to service any item or system; or (b) electronic computerized energy management systems or devices, or lighting and/or appliance management systems.

 

10. This Agreement does not cover ductwork with the sole exception of ductwork that is exposed and readily accessible to service a mechanical failure of a covered air conditioning or heating system or item. This Agreement does not cover: asbestos insulated ductwork; concrete encased or inaccessible ductwork; crushed/collapsed ductwork; ductwork damaged by moisture, water, pests and/or animals; insulation; registers, grills and dampers; underground ductwork. Inaccessible ductwork refers to ductwork that is used in central heating and/or air conditioning systems that is not exposed and cannot readily be accessed for replacement or repair due to design and installation obstacles such as, but not limited to, permanent partitions, chimneys, etc., and ductwork embedded in floors, walls or ceilings.

 

11. This Agreement does not cover any costs incurred to gain access to a covered item, system, appliance or component in situations where there is not adequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, permanently installed fixtures, cabinets, snow/ice covered areas, flooded areas, or personal property. In the event it is necessary to open walls, floors, or ceilings, or to move such fixtures, cabinets, or personal property to perform a diagnosis or service, we are not responsible for restoring such openings, items, or property. This Agreement does not cover any costs associated with equipment to gain access or permit serviceability such as but not limited to scaffolding.

 

12. This Agreement does not cover delays or failures to provide service caused by, or related to: any of the exclusions listed herein; shortages of labor and/or materials; or any other cause beyond our reasonable control. This Agreement does not cover additional charges to access or transport materials, supplies, or independent contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to, tolls, required use of ferries or barges and/or remote locations.

 

13. This Agreement does not cover any incidental, consequential, special, and/or punitive damages, and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the failure of any item or system, including, but not limited to, food spoilage, loss of income, additional expenses, and/or any loss, damage, cost or expense directly or indirectly arising out of or resulting from, or in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, wet or dry rot and/or other property damage.

 

14. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, or any other warranty’s. Our coverage is secondary to such insurance, warranties, or guarantees.

 

15. This Agreement does not cover any mechanical failure when the covered item or system has been repaired, modified, disabled or adjusted in any way which prevents us or our independent contractor(s) from inspecting, diagnosing and/or repairing the mechanical failure. If you authorize or perform any improper alterations, installations or repairs or improperly modify any system, appliance or component covered by this Agreement, or damage it in the course of remodeling or repair, we will no longer be obligated to cover such item(s).

 

16. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around covered items and/or systems to ensure that these items and/or systems are able to function properly as specified by the manufacturer. Any mechanical failures resulting from your failure to provide routine maintenance as specified in this paragraph, or as otherwise required in this Agreement, shall not be covered in accordance with Section IV, Paragraph 3 of this Agreement.

 

17. We are not liable for any damages that result from an independent contractor’s service, delay in providing service or failure to provide service. We are not liable for any incidental, consequential, special, and/or punitive damages, whether caused by negligence or any other cause, and you agree to waive any and all claims for such damages, arising from, resulting from or related to any independent contractor’s service, delay in providing service or failure to provide service, including, but not limited to, damages, resulting from delays in securing parts and/or labor, the failure of any equipment used by an independent contractor, labor difficulties, and/or the negligent, tortious and/or unlawful acts or omissions of any independent contractor.

 

18. Under any and all circumstances, our maximum liability, in the aggregate, for any and all claims submitted per term of this Agreement shall be $1,000. This aggregate maximum liability per term of the Agreement includes any and all covered claims made in accordance with the terms of this Agreement, as well as any and all claims, causes of action and/or rights of action, whether filed in arbitration or any court of law, for breach of contract, negligence, torts, strict liability, claims arising under any state or federal statute (to the extent such limitations are permitted by law), indemnification, contribution, and/or subrogation.

 

V. PROPERTIES ELEGIBLE FOR COVERAGE

1. This Agreement covers a commercial venue where a CryoFX® Special Effects System has been installed by CryoFX® or a direct independent contractor for CryoFX®, where client has paid for installation services.
   
   This Agreement does not cover any residence, including a condominium, townhouse, villa, or Multi-family used solely for residential purposes. Any dwelling used in whole or in part for commercial purposes such as, but not limited to, a day care facility, a group home (5 or more unrelated individuals cohabiting in same household) or fraternity-type house, “bed and breakfast”, church or school will not be covered. No common area items shared by non-warranted units shall be covered by this Agreement.

 

2. Systems installations conducted by you or independent contractors appointed by you without the direction of CryoFX® or paid services of CryoFX® are covered under the product warranty located at https://CryoFX.com/warranty, and not this Systems Warranty Agreement. System installations not conducted by CryoFX® directly, not paid for by direct payment to CryoFX®, and not installed at the sole direction of CryoFX® are not covered under this Agreement.

 

 

VI. CANCELLATION

1. You may void this Agreement within 30 days of the coverage effective date for a full refund of the contract Agreement fees paid if no claim has been made. The right to void this Agreement as provided in this paragraph is not transferable. A ten percent penalty per month will be added to any refund required under this paragraph, including any accrued penalties that is not paid or credited within 30 days after termination of this Agreement pursuant to this paragraph.

 

2. You may cancel this Agreement within 30 days of the coverage effective date if a claim has been made, or at any time thereafter, at which time you may be entitled to a refund of unearned contract fees paid based on the short rate schedule less a processing fee of twenty-five dollars ($25) and less the cost of any services performed pursuant to the Agreement, where permitted by law. If the refund calculation results in you owing us payment for services provided, we may bill you for the lesser of the net amount due to us or the unpaid annual term contract fee. We will bill or charge you any balance owed to us through the same mechanism as any previous installment billings, or we will direct bill you if such a mechanism is not available.

 

3. We may terminate this Agreement immediately, after any applicable notice provisions, for non-payment, fraud or material misrepresentation. If we terminate for fraud or material misrepresentation, this Agreement is void and we shall refund all paid contract fees if no claims have been made in the event payment for this Services Agreement have been agreed upon and submitted. If a claim has been made, we will follow normal cancellation procedures as outlined in this section.

 

4. In the event a cancellation is received at any time within the first 365 days following the installation of the System, this may void the warranty for the System should the warranty require CryoFX® services for the warranty period and the services are active at the venue of System installation.
   
   

 

VII. DISPUTE RESOLUTION

1. ARBITRATION: All disputes, controversies or claims of any sort, arising out of or in any way relating to this Agreement, its negotiation, and the Services provided pursuant to it, whether based in contract, tort, regulation, or any other legal or equitable theory (collectively “Disputes”), shall be resolved at the CryoFX®’s choice by settlement or final and binding arbitration or in and through a small claims court having jurisdiction over such Disputes. Arbitration shall be conducted within the geographical limits of the applicable federal district court where the Covered Property is located, or such other location upon which both parties mutually agree. The Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “Arbitration Rules”) in effect at the time arbitration is demanded by either party shall govern the arbitration proceeding and the selection of one neutral arbitrator to preside over the proceeding. The arbitrator is empowered to decide all Disputes and all questions related to the enforceability and scope of these Dispute Resolution provisions, including but not limited to the validity, interpretation and applicability of these Dispute Resolution Provisions. Additionally, this transaction involves interstate commerce, and these Dispute Resolution provisions shall be governed by the Federal Arbitration Act, as amended (9 USC 1). No arbitration may proceed on a class or representative basis, and the arbitrator may not consolidate any arbitration proceeding governed by these Dispute Resolution Provisions with any other person’s arbitration proceeding, and may not otherwise preside over any form of a representative or class proceeding. Under the Arbitration Rules, although each party is required to pay certain administrative and arbitrator fees, the amount the consumer may be required to pay is limited. Each party to arbitration is responsible for its own attorney’s fees, if the party chooses to be represented by an attorney.

 

2. CLASS ACTION AND JURY TRIAL WAIVER: Each party to this Agreement may bring a Dispute against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party gives up or waives any right it may have to have any Disputes between them resolved by a jury.

 

VIII. OTHER CONDITIONS

1. Term. Coverage under this Agreement commences on the effective date specified on the Agreement Coverage Summary. This Service Agreement expires one (1) year from Agreement effective date, unless renewed.
   
   
2. Renewal. This Agreement will automatically renew at the option of the Issuing Company and where permitted by state law, for successive one (1) year periods, unless cancelled by you or us in accordance with the cancellation provisions. You will be notified of any rate and/or coverage changes not less than thirty (30) days prior to the expiration of the Agreement should they apply.
   
   
3. Assignment. In the event of assignment or transfer of title of the covered property, this Agreement may be assigned and/or transferred at our option, where permitted by state law and when the applicable fee has been paid. We reserve the right to charge a transfer fee not to exceed $55.

 

4. Installment Billing. In certain cases you may be permitted, at our sole and exclusive discretion, to pay for your coverage on an installment basis. Should you suffer a mechanical failure covered by this Agreement at a time when there are unpaid installments due from you, whether or not such payments are due or overdue, we reserve the right to deduct all or any portion of any unpaid amounts from the amount of loss covered by this Agreement for such incident, or to require payment of the entire remaining unpaid balances prior to covering the loss for you as we deem necessary or desirable. Our failure to exercise any such right on one occasion shall not be deemed a waiver of such right on other occasions.

 

5. Waiver. Should we waive any of our contractual rights; such waiver will not constitute a future waiver of said rights.

 

6. Disclosure. The price of the Agreement includes the full amount of all fees due and payable as well as the costs of processing and administration for the Issuing Company and its agents where allowable by law. Any applicable state or local sales taxes are in addition to the price of the Agreement.

 

7. Severability. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.

 

8. Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior agreement and understandings of the parties hereto, oral or written, with respect to the subject matter hereof. Except as provided herein, all other warranties, expressed or implied, are hereby disclaimed.

 

9. Issuing Company. This Agreement is issued by CryoFX® and CryoFX® Services, LLC. Services are provided by independent tradespeople/contractors.

 

10. Corporate/Administrative Office. CryoFX® Services, LLC., 3859 S Valley View Blvd Ste 2, Las Vegas, NV 89103. 855-5CRYOFX.