REAL-LIFE ASSURANCE. VII. MISCELLANEOUS PROVISIONS (continued) 4. This Contract shall be governed, construed and enforced in accordance with the laws of the state of where the Covered Property is located without regard to principles of conflicts of law. 5. ANY LEGAL OR JUDICIAL PROCEEDING COMMENCED BY OR ON BEHALF OF YOU UNDER THIS CONTRACT (INCLUDING THE ASSERTION BY YOU OF ANY COUNTERCLAIM, REGARDLESS OF WHETHER THE UNDERLYING PROCEEDING IN WHICH SUCH COUNTERCLAIM IS BEING ASSERTED WAS COMMENCED BY OR ON BEHALF OF PLAINTIFF) WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTIONS, COLLECTIVE ACTIONS AND OTHER SIMILAR REPRESENTATIVE PROCEEDINGS OF ANY KIND OR NATURE (WHETHER PURSUED THROUGH THE COURTS, THROUGH ARBITRATION OR THROUGH ANY OTHER JUDICIAL FORUM) ARE NOT PERMITTED. BY ENTERING INTO THIS CONTRACT YOU UNDERSTAND AND AGREE THAT YOU MAY BRING CLAIMS AGAINST HWA OR ITS AFFILIATES ONLY IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING CLAIMS AGAINST HWA OR ITS AFFILIATES AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR OTHER REPRESENTATIVE PROCEEDING. 6. Any failure by HWA to assert a right or enforce a requirement under this Contract shall not be deemed a waiver of that or any other right or requirement and shall not preclude HWA from asserting any right or enforcing any requirement at any time. 7. HWA will make commercially reasonable efforts to fulfill its obligations under this Contract. Certain causes and events that are out of HWA’s reasonable control (“Force Majeure Events”) may result in HWA’s inability to perform under this Contract. If HWA is unable to perform its obligations, in whole or in part, due to a Force Majeure Event, then HWA’s obligations shall be suspended to the extent made necessary by such Force Majeure Event, and in no event shall HWA be liable to You for its failure to fulfill its obligations or for damages caused by any Force Majeure Event. Force Majeure Events include, but are not limited to, acts of God, fire, war, flood, earthquake, hurricanes, tornadoes, and other natural disasters, acts of terrorism, acts of any governmental authority, accidents, strikes, labor troubles, shortages in supply, changes in laws, rules or regulations of any governmental authority, and any other cause beyond HWA’s reasonable control. B. NOTICE CONCERNING PERSONALLY IDENTIFIABLE INFORMATION (“PII”) For purposes of this Section only, “HWA”, “We”, “Us”, and “Our” shall also include any Related Company. A “Related Company” includes, without limitation, any current or future franchisor, franchisee, licensee, parent company, subsidiary, third party, or affiliate of the brands (including Direct Energy) that We operate under. PII includes any information that You have shared with Us or that We have collected in the course of providing Our services to You, that may be used to specifically identify or contact You, such as Your name, mailing address, email address(es), phone number(s), or fax number. The PII You submit will generally be used by Us to carry out Your requests, improve services, or for other legitimate business purposes, including marketing purposes. Your PII may be added to Our customer database used by Us or a Related Company for general promotions, contests, special events, etc. (“Programs”) regarding Our or a third party’s products and services. These Programs may be made available through efforts of an affiliated or unaffiliated business. Your PII may be shared with third parties in the following instances: (i) to allow vendors to perform functions on Our behalf (ii) to allow third parties to contact You for marketing, and (iii) for any other legitimate business purpose. By using Our products and services, or by submitting Your PII to Us, You are consenting to the terms of this notice and Our privacy policy located at www.HWAHomeWarranty.com/privacy. By entering into this Contract, or by submitting Your PII to Us, You are consenting to the terms of this notice and Our privacy policy located at www.HWAHomeWarranty.com/privacy. If You would like to limit Our use of Your PII as described above, You may request so in writing at Direct Energy/Home Warranty of America, 12 Greenway Plaza, Ste 250, Houston, TX 77046, Attn: Privacy Officer, c/o Compliance Department or by email at privacy@directenergy.com. C. ASSIGNMENT & TRANSFER OF CONTRACT 1. If the Covered Property is sold during the Coverage Period You may transfer this Contract to the new owner by notifying HWA by phoning 1-888-HWA-RELY. In order to transfer coverage of the Covered Property to the new owner, you must inform Us of the change in ownership and provide the name of the new owner. A copy of the Contract is available upon request. 2. HWA may assign this Contract, in whole or part, or any of its rights and obligations hereunder without Your consent, to the fullest extent allowed by law. Upon such assignment, You understand and agree that HWA shall have no further obligation to You. Except as set forth above, this Contract is not assignable by You without HWA’s prior written consent. D. MULTIPLE UNITS AND INVESTMENT PROPERTY 1. If this Contract is for a duplex, triplex, or fourplex dwelling, for coverage to apply to common systems and appliances, then every property within such dwelling must be covered by an HWA contract with applicable optional coverage for coverage to apply to common systems and appliances. 2. If this Contract is for a unit within a multiple unit of 5 or more, then only items contained within the confines of each individual unit are covered. Common systems and appliances are excluded. This coverage is not available in Listing Coverage for Home Sellers. 3. Except as otherwise provided in this section, common systems and appliances are excluded. E. CANCELLATION HWA cannot cancel this Contract, except for: 1. Nonpayment of Contract fees; or 2. Fraud or misrepresentation of facts material to the issuance of this Contract. Cancellation may be made by You at any time. If You cancel within the first 30 days of the Coverage Period, and no service request has been made, You are entitled to a full refund of the cost of this Contract less a cancellation fee of the lesser of $30 or 5% of the Contract fee. The right to void this Contract within the first 30 days is non-transferrable and is available only to the original purchaser of the Contract. If HWA cancels this Contract or if you cancel this Contract after the first 30 days of the Coverage Period then You shall be entitled to a pro rata refund of the paid Contract fee for the unexpired term, less an administrative fee of the lesser of $30 or 5% of the Contract fee, and any actual service costs incurred by HWA. If Listing Coverage is canceled after service has been performed, and the Contract fee has not yet been paid, Contract holder will be responsible for purchase of the Contract, or reimbursement to HWA of service costs incurred, whichever is less. F. The purchase of this coverage under this Contract is not mandatory and similar coverage may be purchased through another residential service or an insurance company. G. Florida Residents: Listing coverage cannot be included at no charge. Listing coverage is available for an additional fee. Fees and rates for coverage under this Contract are NOT subject to regulation by the Florida Department of Insurance. H. Sales representative is: FL9 2017 BRO
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