Dealer Vehicle Service Contract
IMPORTANT CUSTOMER NOTICE
THIS CONTRACT IS NOT VALID UNLESS: (1) YOU COMPLETE AND SIGN THE REGISTRATION PAGE COVERING THIS NOTICE; AND (2) YOU PURCHASE THIS CONTRACT AT THE TIME YOU PURCHASE OR LEASE YOUR VEHICLE.
THIS SERVICE CONTRACT ONLY APPLIES TO THE CONTRACT BUYER AND THE VEHICLE DESCRIBED ON THE REGISTRATION PAGE.
PURCHASE OF THIS VEHICLE SERVICE CONTRACT IS NOT REQUIRED TO PURCHASE OR FINANCE A MOTOR VEHICLE.
CLAIMS ASSISTANCE
FOR CLAIMS ASSISTANCE PLEASE CALL:
Modern Engine, Inc.
California Fire and Casualty Broker License No. 0C10818.
(800) 933-2544
Monday - Friday 8:00 AM to 5:00 PM PST
Your Contract number on the Registration Page is your customer support number. Please refer to this number in any written or oral communication, such as requesting information or making a claim.
INSURANCE COMPANY
PERFORMANCE TO YOU UNDER THIS VEHICLE SERVICE CONTRACT IS GUARANTEED BY A CALIFORNIA APPROVED INSURANCE COMPANY:
Ohio's Dealers Assurance Company
P.O. Box 21185
Columbus, OH 43221-0185
PLEASE REFER TO THE GENERAL PROVISIONS OF THIS CONTRACT FOR DISPUTE RESOLUTION PROCEDURES
VEHICLE SERVICE CONTRACT PROVIDER
THIS VEHICLE SERVICE CONTRACT IS PROVIDED BY:
Modern Engine, Inc.
701 Sonora Avenue, Glendale, CA 91201
(800) 933-2544
Vehicle Service Contract Provider No. 0C10818.
VEHICLE SERVICE CONTRACT
SCOPE OF AGREEMENT
This Vehicle Service Contract covers Your participation in the vehicle service program offered by the Dealer or Lessor from whom You are purchasing or leasing Your Vehicle.
DEFINITIONS
Capitalized terms used in this Contract shall have the meanings specified immediately below or elsewhere in this Contract.
"Administrator" means Modern Engine, Inc., its designee or assignee.
"Benefits" means the Covered Services and Covered Parts provided to You under this Contract.
"Breakdown" means the failure of a Covered Part. A Covered Part has failed when the part can no longer perform the function for which it was designed by that part's manufacturer solely because of the part's condition and not because of the action or inaction of other non-covered parts, or as the result of a misdiagnosis or improper repair. A Breakdown does not include the reduction in a Covered Part's operating performance because of normal wear and tear.
"Contract" means this Vehicle Service Contract.
"Covered Part" has the meaning ascribed to that term in the section of this Contract titled "Covered Parts."
"Covered Service" has the meaning ascribed to that term in the section of this Contract titled "Covered Services."
"Dealer/Lessor" means the Dealer or Lessor from whom You purchased or leased Your Vehicle.
"Insurance Company" means Ohio Dealer's Assurance Company.
"Lienholder" means the person or company that has advanced the money for Your purchase or lease of Your Vehicle and/or this Contract.
"Pre-Existing Conditions" means any broken, damaged or otherwise malfunctioning or nonfunctioning part (or component thereof) that existed with Your Vehicle prior to the Effective Date.
"Registration Page" means the numbered document which must be attached to the inside cover of this Contract to make this Contract effective. The Registration Page specifies information regarding Your Vehicle, Contract terms and other important information.
"We", "Our" and "Us" refer to the Dealer/Lessor.
"Your Vehicle" means the Vehicle identified on the Registration Page of this Contract.
"You" and "Your" means the Contract Holder specified as the purchaser or lessor of the vehicle identified on the Registration Page.
TERM OF CONTRACT
The term of this Contract shall commence on the date the Dealer/Lessor sells You this Contract ("Effective Date"). Unless sooner terminated in accordance with the terms and conditions of this Contract, this Contract shall terminate:
[ ] 12 months from the Effective Date or 12,000 miles from the odometer mileage shown on the Registration Page, whichever occurs first.
[ ] 24 months from the Effective Date or 24,000 miles from the odometer mileage shown on the Registration Page, whichever occurs first.
[ ] 36 months from the Effective Date or 36,000 miles from the odometer mileage shown on the Registration Page, whichever occurs first.
This Contract will terminate and lapse when You sell Your Vehicle and no refund shall be due unless this Contract is canceled in accordance with the section of this Contract titled "Cancellation of Contract."
COST OF SERVICE
At the time You sign this Contract, You shall pay Us the sum specified on the Registration Page ("Contract Price") for services under this Contract. Except as otherwise provided in this Contract, you shall have no further obligation to pay for any service performed under this Contract.
DESCRIPTION OF VEHICLE COVERED
Subject to the terms and conditions of this Contract, We will Cause the Administrator to provide repair services and parts to You for Your Vehicle only. This Contract does not provide coverage for Pre-Existing Conditions or Breakdowns occurring prior to the Effective Date.
COVERED SERVICES
Subject to the terms and conditions of this Contract, We will cause the Administrator to provide You with the following services (collectively, "Covered Services"):
Breakdowns: Subject to the terms and conditions of this Contract, We will cause the Administrator to repair all Breakdowns to Your Vehicle during the term of this Contract. Repairs and/or replacements of Covered Parts may be made with parts of like kind and quality commensurate with the age and odometer reading of Your Vehicle at the time the Covered Part fails. In some cases, remanufactured or used parts may be used. This Contract does not cover any Breakdowns which are caused by the failure of non-covered parts. This Contract applies only to breakdowns that occur within the State of California.
Towing: Your service contract includes two complimentary tows to an approved facility during the term of your service contract if your vehicle becomes disabled due to a breakdown covered under the service contract. The maximum distance for each tow is eighty (80) miles.
COVERED PARTS
Subject to the terms and conditions of this Contract, We will cause the Administrator to provide You with the following parts (collectively, "Covered Parts") during the term of this Contract:
Engine: All internal parts contained within the engine including: pistons; piston rings and pins; crankshaft and crankshaft main bearings; connecting rods and connecting rod bearings; camshaft and camshaft bearings; timing belt or chain; timing gear; timing tensioners; rocker arms, rocker shafts and rocker bushings; valves, valve springs, valve retainers, valve guides and valve seats; lifters, push rods and followers; oil pump. Cylinder block and cylinder head(s) are covered only if damaged as a result of a mechanical failure of a covered internal part of the engine. Rotor, eccentric shaft and all other internally lubricated parts on rotary engines are also covered. Head gasket failure due to overheating is not covered, seals and gaskets are not covered.
Automatic or Standard Transmission: All internal parts contained within the transmission case and torque converter case including: all gears, shafts, bearings, bushings, drums, pumps, and valves. Transmission case and torque converter case are also covered if damaged by the failure of a covered internal part of the transmission. Coverage is not offered for standard transmission clutch assemblies or any of their component parts. Seals and gaskets arc not covered.
Transfer Case: All internally lubricated parts contained within the transfer case housing including: gears, chains, shafts, bearings, and drums. Transfer case housing is also covered if damaged by the failure of a covered internal part of the transfer case. Seals and gaskets are not covered.
Front and Rear Drive Axle: All internally lubricated parts contained within the drive axle housing including: gears, bearings and axles. The drive axle housing is also covered if damaged by the failure of a covered internal part of the drive axle. Also covered are:
CV joints; U joints; front hub assemblies; hub bearings and drive shafts. Seals and gaskets are not covered.
Electrical: Starter and starter solenoid; Alternator; Diode assembly; voltage regulator; temperature and oil sending unit.
Optional Coverages
Overheating: All of the parts listed under the Coverage Section of Engine are covered from overheating caused by the failure of a covered part or the head gasket.
Engine and Transmission: Electronic fuel injection sensors including 02 sensor; speed sensor; M.A.P and M.A.F sensors; cam sensor; crank sensors; coolant and air temperature sensors; TPS sensors and computer control module; idle air control motor; idle control valve; cold start injector; thermo time switch; fuel accumulator; electronic engine control module; Power train control module; ignition pick up assembly and computer module; T.F.I module; spark control detonation sensors and controller; transmission/transaxle sensors; controller and transmission solenoid pack; ignition switch and coil; coil pack; ballast resistor; engine compartment wiring harness.
Additional Coverage for Towing: In addition to coverage for towing to an approved facility under the covered services of this Contract, your service contract will include two complimentary tows back to you after covered repairs are completed. The maximum distance for each tow is eighty (80) miles.
Rental Car Coverage: In the event that a Breakdown covered by this Contract requires labor in excess of eight (8) hours, we will pay for a rental car from a rental car facility approved by Modern Engine for a maximum of five (5) days.
The repairs may be completed with parts of like quality and kind, commensurate with the age and odometer reading of Your Vehicle at the time the part failed. In some cases, remanufactured or used parts may be used.
SERVICES PROVIDED BY OTHERS
If anyone other than the Administrator provides repair services to Your Vehicle during the term of this Contract, neither us nor the Administrator will be responsible or obligated to pay for such services or the parts provided with such services. Any services and/or parts provided by such other person, or any damage to Your Vehicle arising therefrom, will be excluded from the Covered Parts and services described above.
EXCLUDED SERVICES AND PARTS
1. This Contract provides no coverage or benefits:
(a) For any service or parts not listed under the "Covered Services" or "Covered Parts" section of this Contract (including any damage to a covered part caused by a non-covered part). Examples of parts not covered include, but are not limited to: the carburetors, battery, brake rotors and drums, bolts, nuts, fasteners, standard transmission clutch assembly, manual and hydraulic linkages, spark plugs and wires, distributor cap and rotor, safety restraint systems (including air bags), glass, lenses, sealed beams, light bulbs, exhaust systems.
(b) For maintenance services and parts described in Your Vehicle's Owner's Manual as supplied by the manufacturer. These include, but are not limited to: filters, lubricants, coolants, fluids, refrigerants and the service operations necessary to replace them.
(c) For other normal maintenance services and parts which include, but are not limited to: alignments, wheel balancing, tune-ups, shock absorbers and struts, tires and wheels/rims, glow plugs, hoses, belts, brake pads, brake linings, brake shoes.
(d) For damage to a Covered Part caused by the failure of a non-covered part or caused by Your failure to replace other failed Covered Parts.
(e) For any Breakdown caused by: collision, fire, theft, vandalism, riot, explosion, lightning, earthquake, freezing, rust or corrosion (including restriction or rust through covered cooling system components), windstorm, hail, water or flood, acts of God, salt, road hazard and environmental damage.
(f) For any Breakdown caused by misuse, abuse, negligence or lack of normal maintenance or improper servicing. For any Breakdown caused by the failure to maintain proper levels of lubricants and/or coolants, or failure to protect Your Vehicle from further damage when a Breakdown has occurred. For any Breakdown if Your Vehicle has been used for racing or other forms of competitive driving, plowing snow, or for towing a trailer weighing in excess of 2,000 pounds, or towing another vehicle or object, unless Your Vehicle is equipped with a factory installed or factory authorized tow package.
(g) For any repair or replacement of any Covered Part if a Breakdown has not occurred, or if the wear on that part has not exceeded the field tolerances allowed by the manufacturer.
(h) If any alterations or modifications have been made to Your Vehicle, or You are using or have used Your Vehicle in a manner not recommended by the manufacturer, including but not limited to: the failure of any custom or add-on part, all frame or suspension modification lift kits, oversized tires, HO trailer hitches, emissions and/or exhaust systems modifications, or engine modifications (including exotic or limited production vehicles), or if Your Vehicle has been declared a total loss by any insurance company. Any of the above modifications may result in the denial of coverage and/or cancellation of this Contract.
(i) If your odometer has ceased to operate and repairs have not been made immediately, or it has been altered in any way since you have had title to the Vehicle, or if the actual mileage cannot be verified.
(j) For loss of use, time, or profit; or for inconvenience, cost of lodging and/or food; or other consequential loss that results from a Breakdown to the full extent permitted by law.
(k) When the responsibility for the repair is covered by any warranty from the manufacturer, such as extended drive train, major component or full coverage warranties (regardless of the remaining manufacturer's warranty when You purchased this Contract), or a repairer's guarantee. Further, coverage under this Contract is similarly limited in the event of a Breakdown if the manufacturer has announced its responsibility through any means, including public recalls and factory service bulletins.
(l) For any Breakdown caused by contamination of fluids, fuels, coolants or lubricants.
(m) For any liability for damage to property (including Your Vehicle), or for injury to or death of any person arising out of the operation, maintenance or use of Your Vehicle, whether or not related to the Covered Parts.
(n) For failure of any seals or gaskets, or parts not designed to contain required fluids or lubricants, unless specifically listed as a covered part in the Contract in the schedule of covered parts.
(o) For any Breakdown that is not reported within 30 days of its occurrence.
(p) For damage due to pre-ignition or detonation.
(q) For any damage to a Covered Part and/or a non-covered part caused by or resulting from overheating, regardless of the cause.
(r) For repair of valves and/or rings if the purpose of the repair is to raise the engine's compression when a mechanical Breakdown caused by the failure of a Covered Part has not occurred.
(s) If the information provided by You, or the repair facility, to the Administrator cannot be verified as accurate or is found to be deceptively inaccurate.
(t) For the cost of any Covered Services which have not received prior authorization from the Administrator, or if failure is not reported to the Administrator and Your Vehicle is not made available for the Covered Services before the Contract expires. It is the responsibility of the Contract Holder to ensure that the authorization has been obtained from the Administrator for any Covered Services.
(u) For diagnostic procedures not included in the flat rate time to remove and reinstall the Covered Part.
(v) For any Breakdown or subsequent damage to Your Vehicle that also may be covered by another service contract or insurance policy or repairer's guarantee.
(w) For any Breakdown that is a result of sludge or a plugged oil pump pick up screen.
2. Additionally, no coverage is afforded for Pre-Existing Conditions or Breakdowns occurring prior to the Effective Date. Accordingly, all parts, or components thereof, that are not functioning properly at the time of the sale or lease of Your Vehicle and the Contract are not covered.
MAINTENANCE REQUIREMENTS
1. To keep this Contract in effect, You must have Your Vehicle checked and serviced in accordance with the manufacturer's recommendations, as outlined in the Owner's Manual for Your Vehicle. Your Owner's Manual lists different servicing recommendations based on Your individual driving habits and climate conditions. You are required to follow the maintenance schedule that applies to Your conditions. Failure to follow the manufacturer's recommendations that apply to Your specific conditions may result in the denial of coverage. If an Owner's Manual is not available to You, Your Vehicle must be serviced according to the following schedule:
(a) Every 3 months or 3,000 miles, whichever comes first: change engine oil and oil filter; check transmission fluid; check rear axle fluid level; lubricate front suspension and steering linkage; lubricate CV joints or U-joints (stub axle bushings on four wheel drive vehicles).
(b) Every 12 months or 12,000 miles, whichever comes first: transmission service, adjustment and fluid change, check and flush cooling system, renew coolant.
(c) Other maintenance services may be required periodically on Your Vehicle. It is Your responsibility to contact the Administrator to obtain applicable maintenance requirements as they may apply to Your Vehicle.
2. The Maintenance Log (Appendix A to this Contract) must be validated by the service facility performing the required service and the verifiable receipts be retained from the service work. Or, if You perform Your own service, You must retain verifiable receipts showing purchases of all required parts and materials necessary to perform the required maintenance as well as a verifiable maintenance log showing the date and mileage when the services were performed.
3. Failure to show verifiable proof of required servicing may result in the denial of coverage and/or cancellation of this Contract.
4. The Administrator will inspect Your Vehicle prior to commencing any service work. If the Administrator's inspection fails to reveal a Breakdown that is covered under this Contract, You agree to pay the Administrator its standard charges for inspecting Your Vehicle.
PROCEDURE TO OBTAIN SERVICE ON COVERED PARTS
1. Prevent Further Damage: You must take immediate action to prevent further damage to Your Vehicle and/or the Covered Parts. This Contract will not cover any damage to Your Vehicle or a Covered Part if the damage is caused by not securing a timely repair of the failed Covered Part or component thereof.
2. Approved Repair Facility: If Your Vehicle breaks down, take Your Vehicle to a repair facility that has been approved in writing by the Administrator. You may contact the Administrator for help in locating a repair facility.
3. Copy of Vehicle Service Contract: Provide the repair facility with a copy of Your registration number and/or Your Contract specified on the Registration Page.
4. Authorization: Contact the Administrator to obtain authorization for the claim. It is Your responsibility to ensure that authorization has been obtained from the Administrator for any Covered Part or Covered Service prior to the work being completed.
5. Authorize Tear-Down and/or Inspection: You may need to authorize the repair facility to inspect and/or tear-down Your Vehicle to determine the cause and cost of the repair. You hereby grant the Administrator, through its authorized repair facilities, the right to inspect Your Vehicle prior to any repair being commenced. You will be responsible for these charges if inspection and/or tear down reveals that the failure is not covered under this Contract.
6. Review Coverage: Review Your coverage with the Administrator to determine what will be covered by the Contract and what portions of the repair, if any, will not be covered. It is the Administrator's responsibility to explain to You why any portion of the repair, if any, will not be not covered.
7. Authorize Repair: Authorize the Administrator to commence and/or complete the repairs.
LIMITS OF LIABILITY
The total benefits provided under this Contract shall not exceed the price You paid for Your Vehicle (excluding tax, title and license fees). THE ADMINISTRATOR'S AND OUR LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES (EXCEPT WHERE PROHIBITED BY LAW) INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF USE OF YOUR VEHICLE, LOSS OF TIME, INCONVENIENCE, OR COMMERCIAL LOSS RESULTING FROM THE OPERATIONS, MAINTENANCE AND/OR USE OF THE COVERED VEHICLE, IS EXPRESSLY EXCLUDED HEREIN.
TRANSFERABILITY
This Contract is nontransferable; it is enforceable only by You. If You sell, give away or otherwise cease to be the owner of Your Vehicle covered by this Contract, this Contract shall terminate immediately.
CANCELLATION OF CONTRACT
1. You may cancel this Contract by providing the Administrator with written notice of cancellation along with a copy of this Contract and a notarized affidavit indicating Your Vehicle's odometer reading or the date of the request. You may not cancel this Contract by any oral communication to the Administrator. See "REFUND POLICY" , below.
2. The Administrator may cancel this Contract for any one of the following reasons: (A) Your non-payment to the Lienholder (if Your Vehicle and/or this Contract has been financed through a lender); (B) You failed to fulfill Your responsibilities as specified in this Contract; (C) Your Vehicle was repossessed, transferred, sold, lost, stolen, destroyed or declared a total loss (by Your Vehicle insurance company or otherwise); (D) You disconnected or altered the odometer, or You used Your Vehicle in any manner not covered by this Contract; (E) You failed to pay Us the Service Contract Price specified on the Registration Page; or (F) any check You delivered to Us for payment is returned for insufficient funds or You stopped payment of such check. Furthermore, the Administrator may cancel this Contract if it is rejected for noncompliance with the underwriting guidelines in force at the time the Contract is sold, or at any time during the Contract term.
3. In the event of cancellation by the Administrator: (A) the Administrator shall mail to You a notice of cancellation specifying the grounds for cancellation; (B) the cancellation shall be effective 5 days after the postmark date of the notice (the "Effective Date"); and (C) any pro rata refund shall be paid within 30 days of the date of cancellation (see REFUND POLICY below). We shall pay any covered claims made prior to the Effective Date of cancellation. If We have paid a claim or advised You that We will pay a claim prior to cancellation, We may reduce the refund by the amount of such claim(s) paid prior to cancellation.
4. The Lienholder, if any, may cancel this Contract and shall be the sole payee, in the event of the total loss or repossession of Your Vehicle or in the event of Your non-payment to Lienholder.
REFUND POLICY
1. Used Motor Vehicle.
(a) Cancellation Within First 30 Days. We will refund the full amount of the Service Contract Price if:
(1) You cancel this Contract within the first thirty (30) days after the Effective Date ("Used Vehicle Cancellation Period") and You purchased this Contract for a used motor vehicle;
(2) You have made no claims and/or the Administrator has provided no services or parts under this Contract; AND
(3) You have delivered to the Administrator written notice of cancellation.
If You have made a claim or the Administrator has provided services or parts under this Contract, We will retain that portion of the Contract Price equal to the greater of a pro-rated amount based on (a) elapsed time, or (b) elapsed mileage. Additionally, You will be charged a cancellation fee equal to the lesser of $25.00 or ten percent (10%) of the Contract Price.
To illustrate the calculation of the pro-rated refund, We have provided the following example:
Example: You purchase a one year/l2,000 mile Contract and canceled the Contract on the 29th day after the Effective Date. Prior to canceling the Contract, You have received parts and services under the Contract and have driven 2,000 miles since the Contract's Effective Date. We will retain the greater of:
(1) Contract Price x 2,000 miles (elapsed)______________________________
12,000 miles (total miles under contract coverage selected)
- OR -
(2) Contract Price x 30 days (time elapsed)___
365 days (l year contract)
If this Contract was financed, the Dealer/Lessor may make the refund payable to You or the Lienholder, or both.
(b) Cancellation After First 30 Days. We will refund a portion of Your Service Contract Price if You cancel this Contract anytime after the Used Vehicle Cancellation Period. We will retain that portion of Your Service Contract Price equal to the greater of a pro-rated amount based on (a) elapsed time, or (b) elapsed mileage. Additionally, You will be charged a cancellation fee equal to the lesser of $25.00 or ten percent (10%) of the Contract Price. For an example of how to determine the pro-rated amount to be retained by Us, see the example provided in paragraph 1(a) above. If this Contract was financed, the Dealer/Lessor may make the refund payable to You or the Lienholder, or both.
2. New Motor Vehicle.
3.
(a) Cancellation Within First 60 Days. Regarding a new motor vehicle, We will refund the full amount of the Service Contract Price if:
(1) You cancel this Contract within the first sixty (60) days after the Effective Date ("Cancellation Period");
(2) You have made no claims and or the Administrator has provided no services or parts under this Contract; AND
(3) You have delivered to the Administrator written notice of cancellation.
If You have made a claim or the Administrator has provided services or parts under this Contract, We will retain that portion of the Contract Price equal to the GREATER of a pro-rated amount based on (a) elapsed time, or (b) elapsed mileage. Additionally, You will be charged a cancellation fee equal to the lesser of $25.00 or ten percent (10%) of the Contract Price.
To illustrate the calculation of the pro-rated refund, We have provided the following example:
Example: You purchase a one year/12,000 mile Contract and cancel the Contract on the 59th day after the Effective Date. Prior to canceling the Contract, You have received parts and services under the Contract and have driven 2,000 miles since the Contract's Effective Date. We will retain the greater of:
(1) Contract Price x 2,000 miles (elapsed)______________________________
12,000 miles (total miles under contract coverage selected)
- OR -
(2) Contract Price x 60 days (time elapsed)___
365 days (l year contract)
If this Contract was financed, the Dealer/Lessor may make the refund payable to You or the Lienholder, or both.
(b) Cancellation After First 60 Days. We will refund a portion of Your Service Contract Price if You cancel this Contract anytime after the Cancellation Period. We will retain that portion of Your Service Contract Price equal to the GREATER of a pro-rated amount based on (a) elapsed time, or (b) elapsed mileage. Additionally, You will be charged a cancellation fee equal to the lesser of $25.00 or ten percent (10%) of the Contract Price. For an example of how to determine the pro-rated amount to be retained by Us, see the example provided in paragraph 2(a) above. If this Contract was financed, the Dealer/Lessor may make the refund payable to You or the Lienholder, or both.
SUBROGATION
In the event that coverage is provided under this Contract the Administrator, on behalf of the insurance company, shall be subrogated to all the rights You may have to recover against any person or organization arising out of any safety defect which is the subject of a voluntary or mandatory recall campaign. as well as out of any order, judgment, consent, decree, or other settlement; and You shall execute and deliver instruments and papers and do whatever is necessary to secure such rights. You shall do nothing to prejudice those rights. Furthermore, all amounts recovered by You for which You have received benefits under this Contact shall belong and be paid to the Administrator up to the amount of Benefits provided under this Contract.
GENERAL PROVISIONS
Dispute Resolution: Performance to you under this Contract is guaranteed by a California approved insurance company. You may file a claim with this insurance company if any promise made in the Contract has been denied or has not been honored within 60 days of the date proof of loss was filed. The name and address of the Insurance Company Ohio Dealer's Assurance Company, P.O. Box 21185, Columbus, Ohio 43221-0185. If you are not satisfied with the Insurance Company's response you may contact the California Department of Insurance at 1-800-927-4357. Third, if You decide to file a legal action against the Administrator to enforce the terms and conditions of this Contract, any action between You and the Administrator shall be referred to binding arbitration to the extent required by law. Any arbitration proceeding will be governed by the rules and procedures of the American Arbitration Association. In any dispute, the Administrator has the burden to prove that a claim is not covered by this Contract or that a claim settlement is proper under the terms of this Contract.
Governing Law and Venue: California law shall govern the validity and interpretation of this Contract. Jurisdiction shall be exclusively in the State of California, County of Los Angeles, for any action involving the interpretation or enforcement of this Contract, for damages or for any other relief claimed under this Contract.
Entire Agreement: This Contract contains all representations and the entire understanding and agreement between You and Us. Correspondence, memorandums, and oral or written agreements that originated before the date of this Contract are replaced in total by this Contract unless otherwise expressly stated in this Contract. THERE HAVE BEEN NO OTHER ORAL OR WRITTEN AGREEMENTS OR REPRESENTATIONS MADE OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS CONTRACT.
Force Majeure: Neither the Administrator nor Us will be liable for any loss or damage to You or Your Vehicle caused by strikes, labor troubles, riots, fires, blowouts, tornadoes, floods, earthquakes, acts of a public enemy, insurrections, acts of God, failure to carry out the provisions of this Contract because of provisions of law or rules or regulations promulgated by any governmental agency or any demand or acquisition of any government, or from any other cause beyond our control.
Void Provision: If any part of this Contract is declared by a court of competent jurisdiction to be void, such part shall be deemed severed from the remainder of this Contract and the balance of this Contract shall remain in effect.
Capacity: By executing the Registration Page, You represent and warrant that You are at least eighteen ( 18) years old.
Construction: In construing this Contract, no
consideration shall be given to the fact or presumption that any party had a
greater or lesser hand in the drafting of this Contract.
Modern Engine, Inc.
701 Sonora Ave. Glendale, CA 91201 (800) 933-2544