The words and phrases used in this Plan Agreement mean the following:

1. Aggregate Cash Out Amount: the maximum Cash Out Amount we will pay for all covered Service Requests during any rolling twelve (12) month period, beginning on the date you file your first covered Service Request in such rolling twelve (12) month period which receives a Cash Out.

2. Applicable Law: the applicable laws, rules, regulations, ordinances, and codes that apply to your Plan Agreement.

3. Authorized Representatives: the persons authorized by you to file a Service Request or communicate with us on your behalf.

4. Breakdown: the electrical or mechanical failure of the Covered Item to operate as designed when installed and used in accordance with the applicable manufacturer's instructions and Applicable Law.

5. Cash Out Amount: the amount we will provide you if we cannot repair your Covered Item for the cost of the applicable Repair Maximum or as otherwise determined by us.

6. Covered Breakdown: a Breakdown of a Covered Item due to a Covered Cause.

7. Covered Cause: the cause of the Breakdown we will cover as identified in this Plan Agreement.

8. Covered Home: the real property at the Covered Home address and as provided by this Plan Agreement.

9. Covered Items: the items, systems, units and components and parts specified in your Plan Summary that are: (i) designed for residential use by applicable manufacturer specifications; (ii) installed within or attached to the structural walls, foundation, or roof of the Covered Home; and (iii) either located on or above the foundation of the Covered Home, or manufactured for outdoor use or otherwise located in a structure that fully protects it from weather elements.

10. Covered Modification: any necessary non-structural alteration, upgrade or replacement that, in order to complete the repair of the Covered Item for the Covered Breakdown, must be made to: (i) the area of your Covered Home in which the repair must be made, (ii) a separate item or Covered Item in the Covered Home that has not otherwise experienced a Breakdown; or (iii) any required connections to the Covered Item.

11. Diagnosis Fee: the non-refundable fee collected at the time you file a Service Request to diagnose the Covered Item, unless otherwise stated in this Plan Agreement.

12. Installed or Built-In: an item that is intended by the manufacturer to be installed, attached or integrated into another item (such as in a different appliance, wall, countertop, or cabinetry) and is not designed or intended to be freestanding or regularly moveable.

13. Member, you, or your: the party to this Plan Agreement who either owns the Covered Home or has the authority to direct repairs of Covered Items located within the Covered Home.

14. Mismatched HVAC System: a Covered Heating and Air Conditioning System where the components of the Covered Item do not match as required by the applicable manufacturer's instructions or Applicable Law.

15. Normal Wear and Tear: the expected and natural deterioration of the Covered Item that occurs over time when used in a normal and expected manner when the Covered Item is used for residential purposes.

16. Plan: the home service plan you purchased and is provided by this Plan Agreement. The name of your Plan is identified in the Plan Summary.

17. Plan Agreement: means this Home Service Plan Agreement applicable to your Plan.

18. Plan Agreement Term: the applicable term of your Plan Agreement as described in the Plan Summary.

19. Post Cash Out Repair Limitation: the twelve (12) month period where we will not perform repairs on the Covered Item if we provide you with a Cash Out Amount for that Covered Item. The twelve (12) month period begins on the date you filed the applicable Service Request.

20. Provider, we, us or our: the provider of the Plan as identified in the Plan Summary.

21. Repair Maximum: the maximum amount we will pay a Service Contractor to repair any Covered Item per Service Request for a Covered Breakdown.

22. Rough Finish: the basic level of finish that any access holes or openings will be returned to as part of a Service Request prior to the application of any primer, sealant, paint, tile or other type of final decorative covering.

23. Service Contractor: the independent repair services provider authorized by us to perform services under this Plan Agreement.

24. Service Request: any request for service you place with us under your Plan.

25. Unknown Pre-Existing Breakdown: a Breakdown of a Covered Item due to a Covered Cause that was existing on your Covered Home prior to the start date of the Plan Agreement Term that was not known or reasonably detectable by you.

The Covered Home is the real property located at the Covered Home Address of the Covered Home Type, each as identified in the Plan Summary, provided the principal building structure is used as a single family residential home (including any fully enclosed detached garage) and:

If the principal building structure contains multiple residential units, the Covered Home Address in the Plan Summary must identify the specific unit(s).

During the Plan Agreement Term, Covered Breakdowns are Breakdowns that are due to the following Covered Causes:

Your Covered Items are listed in your Plan Summary and are more specifically identified below. Coverage is subject to any applicable Item Specific Exclusion, and any applicable general limitation or exclusion, including but not limited to the: Initial Coverage Waiting Period, Repair Maximum, Cash Out Amount, Post Cash Out Repair Limitation, or Aggregate Cash Out Amount each as described in further detail in this Plan Agreement. In addition, if you have multiple units of a Covered Item, each individual unit is eligible for repair and to receive one Cash Out Amount in a rolling twelve (12) month period, subject to the Aggregate Cash Out Amount. Please note that unless an item, system, or component (including any parts) of a Covered Item is specifically identified in the Plan Summary and as covered by this Plan Agreement, it is not covered. The Item Specific Exclusions identified in this section are not a fully exhaustive list of non-covered parts, components, and items under your Plan Agreement.

Your Plan Summary identifies your Covered Item categories. The following coverage applies to each separately-listed Covered Item identified under that category. Coverage is subject to the Repair Maximum, Cash Out Amount, Post Cash Out Repair Limitation, and Aggregate Cash Out Amount:

1. Let us know what's wrong - we're here to help. 

2. Pay your Diagnosis Fee. The amount of your Diagnosis Fee is stated in the Plan Summary.  

3. Schedule Your Diagnosis Appointment. Once you have paid your Diagnosis Fee, we will initiate the process to diagnose the Breakdown of your Covered Item by contacting a service provider within forty-eight (48) hours to schedule the diagnosis appointment under normal circumstances.  The diagnosis may occur via an interactive video with a Service Contractor or us, or we may send a Service Contractor onsite to the Covered Home.  The diagnosis appointment will be scheduled at a mutually convenient time during normal business hours.   You agree to make yourself reasonably available during normal business hours for services under this Plan Agreement to be provided. Please note, we will appoint a Service Contractor. If you use a service contractor not authorized by us without our prior express written approval, we will not provide any reimbursement for any costs you may incur as a result of using such service contractor, nor will we provide you with a Cash Out Amount.

4. Coverage Decision. We will review the diagnosis when we receive the necessary information from the Service Contractor.  If we determine that a Covered Breakdown has occurred, we will authorize a Service Contractor to proceed with the repair as provided in this Plan Agreement or provide you with the Cash Out Amount.    Some repairs may require multiple appointments with the Service Contractor, which will be scheduled at a mutually convenient time during normal business hours.  Please review "Your Obligations" with respect to any Covered Breakdown.

Subject to the terms and conditions of this Plan Agreement, we will repair the parts and components of any Covered Items that are part of the Covered Home, if a Covered Breakdown occurs on or after the Initial Plan Agreement Effective Date stated in your Plan Summary and while this Plan Agreement is in effect (including any renewal term(s)) up to the Repair Maximum, and subject to the Post Cash Out Repair Limitation and the Aggregate Cash Out Amount.

In addition, we will repair your Covered Item for a Covered Breakdown unless the cost of the repair is more than the Repair Maximum, or if we determine, in our sole discretion, that the Covered Item is not repairable (for reasons including without limitation repair timing considerations, backordered or availability of parts, Service Contractor availability, the need for special equipment, access difficulties, and the age of the Covered Item), you are eligible for the Cash Out Amount subject to the Aggregate Cash Out Amount and other limitations in this Plan Agreement.

For purposes of this Plan Agreement, repair of the Covered Item consists of the steps necessary for and costs (including labor) associated with: (i) accessing the Covered Item; (ii) diagnosis of the Breakdown; (iii) repair of the Covered Item (including Covered Modifications); (iv) returning any access opening to a Rough Finish; and (v) any permits or testing required by Applicable Law. We will only authorize repairs of Covered Items that can be made in accordance with Applicable Law. Please note that we are not a service contractor, and do not perform repairs. Instead, we utilize a qualified network of independent Service Contractors to perform repairs.

1. Type of Repair. When repairing your Covered Item, we will use reasonable efforts to repair the Covered Item (or any parts or components thereof). We reserve the right to: (i) use rebuilt parts; (ii) determine which repairs are necessary; and (iii) use an alternative refrigerant which has been approved by the Environmental Protection Agency ("EPA") for use in your Covered Item, when the refrigerant in your Covered Item is no longer readily available in the Covered Home's location or area. In addition, there may be some limited circumstances where we elect to replace, instead of repair, your Covered Item if the replacement Covered Item is equal to or less than the Repair Maximum. If we elect to complete the repair of your Covered Item by providing you with a replacement, such replacement will be of builder grade quality, and there is no guarantee nor are we under any obligation to provide a replacement that is of the same brand, make, color, finish, or model of your Covered Item.

2. Removal of Covered Item. When we repair a Covered Item, we will use reasonable efforts to dismantle and remove the Covered Item for repair (if necessary) and, where applicable, recapture, reclaim, and/or dispose of refrigerant.

3. Time to Complete a Repair. Our ability to diagnose and repair your Covered Item may be impacted by events outside of our control, such as supply chain shortages impacting parts or item availability, labor shortages, and extreme weather events that create an increased demand for certain repair services. Because of these outside factors, we cannot guarantee that your Service Request will be completed within a certain period of time.

4. Workmanship Guarantee. Repairs performed on a Covered Item have a thirty (30) day workmanship guarantee, in addition to any applicable manufacturer's warranty that may be included with any replacement parts that may be provided as part of the repair. If a particular repair performed pursuant to this Plan Agreement fails within thirty (30) days after completion, we will send a Service Contractor to correct the Breakdown and you will not be charged an additional Diagnosis Fee. We will determine, in our sole discretion, whether the Service Contractor is the same Service Contractor who performed the original repair. If we provide you with the Cash Out Amount instead of repairing the Covered Item, this Workmanship Guarantee does not apply to any repairs performed to the Covered Item that you elect to have performed after we provide you with the Cash Out Amount.

5. Requesting a Second Opinion of a Breakdown Diagnosis. If you have been informed that your Service Request includes a Breakdown not covered by this Plan Agreement or requires certain repairs or services that are not covered by this Plan Agreement (other than our decision to issue the Cash Out Amount), you have the right to request a second opinion within seven (7) days from the date you were informed of the coverage decision. If an alternative Service Contractor is reasonably available, we will assign an alternative Service Contractor to provide the second opinion. If we determine that the second opinion is not materially different from the original diagnosis, you will be responsible for the payment of an additional Diagnosis Fee. Upon receipt of the second opinion, we will determine, in accordance with this Plan Agreement, whether a Covered Breakdown has occurred.

6. Cash Out Amount. If we cannot repair your Covered Item within the Repair Maximum, or your Covered Item cannot be repaired as determined by us in our sole and absolute discretion (for reasons including without limitation repair timing considerations, backordered or availability of parts, Service Contractor availability, the need for special equipment, access difficulties, and the age of the Covered Item), we will refund your Diagnosis Fee and provide you with the Cash Out Amount you can use towards the repair or the replacement of your Covered Item, subject to the Aggregate Cash Out Amount. We will pay you no later than 30 days after we provide you with notice that you will receive the Cash Out Amount and you have provided us with all necessary information needed to initiate payment. We may issue and you agree to accept the Cash Out Amount via electronic funds transfer or check, in our discretion. We will refund the Diagnosis Fee to the original payment method you used to pay the Diagnosis Fee or check, in our discretion. Once you receive the Cash Out Amount, the Covered Item is subject to the Post Cash Out Repair Limitation.

7. Aggregate Cash Out Amount. If you reach the Aggregate Cash Out Amount, you will no longer be eligible to receive a Cash Out Amount until the aggregate Cash Out Amounts paid for covered Service Requests during any rolling twelve (12) month period, as measured by the date you filed your first covered Service Request, during the applicable period are less than the Aggregate Cash Out Amount for that rolling twelve (12) month period. During this time period, you will still be eligible to submit a Service Request for a Covered Item(s), subject to the Repair Maximum and the Post Cash Out Repair Limitation. If the repair of your Covered Item will exceed the Repair Maximum or cannot be repaired as determined by us in our sole discretion as described in this Plan Agreement, you will be responsible for any costs necessary to complete the repair or replacement of your Covered Item. In order to continue to receive coverage on the Covered Item during the Plan Agreement Term, you may be required to provide us with proof of repair or replacement upon our request. Cash Out Amounts received for Optional Add-On Covered Items are not included in the calculation of the Aggregate Cash Out Amount.

You may be eligible to receive or otherwise have access to additional services and benefits, including certain maintenance services, beyond those specified in this Plan Agreement that may be provided by third party organizations and our affiliates. In such cases, you may receive notification of the availability of one or more of these additional services and benefits and related communications via any of the communication methods identified in this Plan Agreement. Each of those services may be governed by their own separate terms and conditions that you may be required to agree to prior to the provision such service or benefit. Unless otherwise specified in those additional terms, the terms and conditions of this Plan Agreement apply to those services. You may be charged an additional service fee for such services if you elect to use such services.

1. Be Current on all Plan Fees. In order to receive the benefits of your Plan and this Plan Agreement, you must be current on all required payments - including the Plan Price, and any Diagnosis Fees that you may have incurred. We will not provide service under this Plan Agreement if any required payments are past due.

2. Provide Required Information. We may ask you for additional information in order to complete your Service Request. This may include confirmation of your information listed in the Plan Summary, a copy of your home inspection report, proof of repair, receipts or invoices, or any other information we reasonably determine will assist us in evaluating eligibility and coverage under this Plan Agreement. It is important that you provide us with this information as soon as possible, and in any event no later than thirty (30) days from the date we request such information. Failure to provide the information we request within thirty (30) days of the date of the request will result in the cancellation of your Service Request, and if your Plan Agreement subsequently expires, you will not be entitled to any coverage under the Plan Agreement for that Service Request.

3. Timely Submit Your Service Request. You must file your Service Request during the Plan Agreement Term. Any Service Request filed after the Plan Agreement Term will be denied, regardless of when the Covered Breakdown occurred.

4. Update Your Contact Information. Keep your contact information, and that of your Authorized Representatives, current and up to date. You can update your information by visiting https://homeowners.oneguardhomewarranty.com or calling us at 833-521-0535.

5. Be Respectful. Treat our representatives and Service Contractors with respect. We know that requesting service can be stressful, but if you or anyone interacting with us on your behalf are verbally abusive or threaten the safety, well-being, or property of us, our employees or other representatives, or our Service Contractors, or if you fail to provide a reasonably safe environment for services to be performed, we may cancel your Plan in accordance with the terms of this Plan Agreement and Applicable Law.

1. Plan Price. Your Plan Price is due and payable as stated in your Plan Summary, unless we have otherwise provided you with a different price in writing. If you have elected to pay your Plan Price on a monthly basis, the Plan Price is the annual Plan Price amount divided by twelve (12). After the Initial Plan Agreement Term, the Plan Price is paid on a monthly basis.

2. Diagnosis Fee. The non-refundable Diagnosis Fee is due and payable when you file a Service Request. Please note, the Diagnosis Fee will not be refunded even if the Breakdown at issue is not covered by this Plan Agreement.

3. Additional Costs. There may be additional costs, including shipping, restocking, and cancellation administrative fees if stated in this Plan Agreement.

4. Non-Covered Costs. To the extent you may have non-covered costs associated with your Service Request or we do not complete a repair and instead pay you the Cash Out Amount, you will be required to pay those amounts directly to the Service Contractor or service provider of your choice.

5. Payment. You authorize us, or third-party payment processors that we may use, to charge, collect, and process payments for fees you incur pursuant to this Plan Agreement to the credit card, debit card, or other approved method of payment you provided to us. Depending on the Plan Price payment method you selected, you may be charged a one-time fee or on a monthly recurring basis. To the extent you receive a replacement credit card, debit card, or other approved method of payment from your financial institution, you authorize us to receive and use such updated replacement information provided by your financial institution. Cancelling or otherwise changing your payment information without informing us will not cancel this Plan Agreement. In addition, depending on the type of payment method you use, there may be additional terms and conditions associated with that particular payment method that you will need to agree to prior to your use of that payment method.

1. Initial Plan Agreement Term. The initial term of this Plan Agreement begins on the Initial Plan Agreement Effective Date indicated on the Plan Summary and continues for a period of twelve (12) months, subject to the cancellation and non-renewal provisions of this Plan Agreement. Please note that coverage under your Plan does not begin until the expiration of the Initial Coverage Waiting Period stated in your Plan Summary, which may be different than your Initial Term Plan Agreement Effective Date.

2. Renewal. This Plan Agreement will automatically renew on the Plan Agreement Renewal Date for the Plan Agreement Renewal Term stated in your Plan Summary provided that we have received payment of your Plan Price, unless we or you elect to non-renew your Plan Agreement in accordance with the provisions of this Plan Agreement. At least thirty (30) days in advance of the Plan Agreement Renewal Date, or as otherwise required by Applicable Law, we will provide you notice of any change to the Plan Price of your Plan Agreement, and any material changes to the terms and conditions of your Plan Agreement, if any. If you do not contact us at least three (3) days prior to the Plan Agreement Renewal Date and cancel your Plan your Plan Agreement will automatically renew and we will charge the payment method we have on file for you.

3. Non-Renewal. We reserve the right, in our sole discretion, not to renew your Plan Agreement. If we elect to non-renew your Plan Agreement, we will provide you with notice of such non-renewal at least thirty (30) days in advance of the date this Plan Agreement will terminate, or as otherwise required by Applicable Law. You may also provide us of your non-renewal of your Plan Agreement at least three (3) days in advance of the Plan Agreement Renewal Date.

1. Your right to cancel. You may cancel your Plan Agreement at any time for any reason. If you cancel this Plan Agreement, such cancellation will be effective immediately.

2. Provider's right to cancel. We may cancel your Plan Agreement or discontinue providing coverage under your Plan for the following reasons:

3. Notice of Cancellation. We may cancel this Plan Agreement immediately and without prior notice to you due to: (i) nonpayment of the Plan Price, (ii) a material misrepresentation made by you to us, or (iii) a substantial breach of your duties under this Plan Agreement. If we cancel this Plan Agreement for any other reason, we will provide you with notice of cancellation and the reason for such cancellation at least fifteen (15) days prior to the stated effective date of the cancellation. We will send notice of such cancellation to the electronic mail address we have on file for you. If we do not have an electronic mail address for you, we will mail the notice to the physical address we have on file for you.

4. Refunds or Amounts Owed due to Cancellation of this Plan Agreement.

1. Contact Us. We believe you deserve a fair and courteous service experience. If you believe that our service did not meet your expectations, please contact us 833-521-0535. We will work with you to resolve any issue that you may have pursuant to this Plan Agreement. We are subject to regulation by the Texas Department of Licensing and Regulation ("TDLR"), and any complaints that are not resolved by us or our administrator or any questions concerning the regulation of service contract providers and administrators may be addressed to TDLR at P.O. Box 12157, Austin, TX 78711 or (800) 803-9202.

2. MANDATORY ARBITRATION; CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND WE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND US TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Any dispute or claim relating in any way to this Plan Agreement will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Plan Agreement as a court would. In addition, the Federal Arbitration Act and federal arbitration law applies to this Plan Agreement.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes (the "AAA's Rules"). The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the state where you live, or at another mutually agreed location.

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action lawsuit, class-wide arbitration, or any other consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION.

1. Current Plan Agreement. You may be provided with the initial Plan Agreement via hard copy or electronically. The current Plan Agreement in effect is always available at https://homeowners.oneguardhomewarranty.com. After the initial term, your Plan Agreement may be updated from time to time in accordance with the provisions of this Plan Agreement, and such updated Plan Agreement is only available online at https://homeowners.oneguardhomewarranty.com. To request a paper copy of the Plan Agreement in effect on the date of your request, please contact us at 833-521-0535. We will provide the paper copy of your Plan Agreement to you free of charge.

2. Notice of Plan Agreement Changes. We will provide you with thirty (30) days advance notice in writing of any material changes to the terms and conditions of this Plan Agreement, including but not limited to changes to the Plan Price, Plan Term, or the coverage provided. If you cancel your Plan Agreement due to a notice of Plan Agreement change, you will not be charged an administrative fee. We will provide this notice via any of the communication methods identified below. Your continued use of the Plan after we provide such notice constitutes your acceptance of the changes.

1. Full Faith and Credit. Our obligations under this Plan Agreement are backed by the full faith and credit of the Provider and are not guaranteed under a service contract reimbursement insurance policy.

2. NOTICE: THIS COMPANY PAYS PERSONS NOT EMPLOYED BY THE PROVIDER FOR THE SALE, ADVERTISING, INSPECTION, OR PROCESSING OF A RESIDENTIAL SERVICE CONTRACT UNDER CHAPTER 1304, TEXAS OCCUPATIONS CODE.

3. Transfer of this Plan Agreement. This Plan Agreement provides coverage for the Covered Home listed in the Plan Summary. If ownership of the Covered Home changes during the term of this Plan Agreement, you must contact us at 833-521-0535 to transfer this Plan Agreement to the new owner of the Covered Home within thirty (30) days from the date the ownership of the Covered Home transfers.

4. Governing Law. This Plan Agreement is governed by the law of the state where the Covered Home is located.

5. How We'll Communicate with You. We may communicate with you via letter mailed to the last mailing address provided by you to us, by email, mobile phone text message, or via your Plan Summary. We may also post messages via your online Customer Portal and mobile application. By entering into this Plan Agreement, you expressly agree to such communication methods. All communications will be in English unless otherwise required by Applicable Law.

6. Authorized Representatives. You may designate Authorized Representatives to communicate with us on your behalf regarding a Covered Home or Service Request, provided such individuals are eighteen (18) or older. You must provide us with such designation in writing, or as otherwise directed by us.

7. Privacy Policy. As part of the services provided to you by the Plan Agreement, we may collect, use and disclose personal information about you for the purposes of establishing, managing, and maintaining our relationship with you in accordance with our Privacy Policy, available at https://www.oneguardhomewarranty.com/privacy-policy/. Your information may be shared with our Service Contractors and other third parties as explained in our Privacy Policy.