Home Comfort Collection® Terms and Conditions*

Wisconsin residents please click here for the Terms and Conditions* for your state.

*Not a binding contract. For information only. Customer will receive actual binding contract upon completion of enrollment.

  1. INTRODUCTION. Direct Energy Home Comfort Collection Plans are provided and administered by Home Warranty of America, Inc., a Direct Energy company. This Contract describes the terms and conditions of this home service contract. This is not a contract for insurance. See the Coverage Plan Letter for the specific Plan(s) You have selected. Coverage under each Plan is subject to certain limits and exclusions, including claim based and annual dollar limits and coverage exclusions.
  2. DEFINITIONS. The following terms used in this Contract have the following meanings:
    1. "Authorized Repair Technician" means a qualified service contractor We dispatch in response to Your request for service.
    2. "Contract" means this home service contract between You and Home Warranty of America, Inc., a Direct Energy company operating under the brand Direct Energy ("Direct Energy"), and includes these Terms and Conditions and the Coverage Plan Letter.
    3. "Coverage Plan Letter" means the letter attached to these Terms and Conditions setting forth the Plan(s) You have selected, the monthly (or yearly) charge for each Plan and other important details about the Plan(s).
    4. "Parties" mean the parties to this home service contract, namely Direct Energy and You.
    5. "Plan" or "Plans" means the specific Direct Energy Home Comfort Collection Plan(s) You selected as listed on Your Coverage Plan Letter.
    6. "Term" means the 6 or 12 month period of time reflected in the Coverage Plan Letter or any renewal Term as the case may be.
    7. "Direct Energy", "We", "Us", and "Our" mean Home Warranty of America, Inc., a Direct Energy company. Our address is P.O. BOX 500, LINCOLNSHIRE, IL 60069.
    8. "You" and "Your" means the customer contracting for services covered by the Plan(s) pursuant to this Contract.
  3. SERVICE CALLS. This Contract covers the applicable products and systems covered under the Plan(s) specifically listed on Your Coverage Plan Letter and as described in Section 4. For service: please call 1-855-334-3577. You must notify Us for service requests as soon as the problem is discovered. We accept service calls 24 hours a day, 7 days a week, 365 days a year. If You smell gas or You believe You have a gas leak, leave Your premise immediately and call Your local gas utility from outside Your house. To be covered under this Contract, notice must be given to Us prior to the expiration of this Contract. We will dispatch an Authorized Repair Technician during normal business hours. We will make every reasonable effort to initiate services within 48 hours of notification. We will determine what repairs constitute an emergency and will make reasonable efforts to expedite emergency service (an emergency is usually considered to be loss of life or peril). We have the sole and absolute right to select the Authorized Repair Technician to perform the services. We will not reimburse You or any other party for services performed without Our prior approval. No services will be provided if the Authorized Repair Technician encounters dangerous or threatening animals or insects or unsafe conditions, including hazardous materials (for example, mold or asbestos) at the Covered Property (as defined below in Section 4(a)). We will provide the Authorized Repair Technician with Your name and telephone number and the Authorized Repair Technician will contact You directly to set up an appointment to make a service call. YOU UNDERSTAND THAT WE ARE NOT THE AUTHORIZED REPAIR TECHNICIAN AND WE WILL NOT BE PERFORMING THE ACTUAL REPAIR OR MAINTENANCE OF ANY SUCH PRODUCT OR SYSTEM. The Authorized Repair Technician may be an employee of an affiliate of Direct Energy, an employee of an affiliate's franchisee or a third party subcontractor from Our independent and local contractor network. The Authorized Repair Technicians are not Direct Energy employees or agents and are not authorized to bind Direct Energy other than as may be expressly permitted under the terms of this Contract.
  4. PLAN COVERAGE. During the Term, Our responsibility will be to arrange for an Authorized Repair Technician to provide one or more of the services, as applicable, set forth in this Section 4, subject in all cases to the terms of this Contract, including this Section 4 and the limitations of liability set forth in Section 8. If You are not the owner of the Covered Property, You represent to Us that you are authorized to enter into this Contract.
    1. Repair Plans Generally. If this Contract is a "Repair" Plan as indicated under the heading "Coverage Selected" in Your Coverage Plan Letter, during the Term, Our responsibility will be to arrange for an Authorized Repair Technician to repair, at Our expense, up to the limits set forth below, the covered product or system in accordance with the terms and conditions of this Contract, so long as such products, systems and components are (i) located inside the confines of the main foundation (including an attached garage) of the residential service address listed on Your Cover Letter (the "Covered Property") (if covered under Your Plan, the Covered Property may also include a central air conditioner and heat pump located outside the main foundation); (ii) inoperative due to normal wear and tear; and (iii) in place and in proper working order on the Contract Period Start Date (as defined in Section 5(a)). Our obligation for each "Repair" Plan is limited to the cost of authorized and covered repairs (including trip charge, parts and labor) up to a limit of $500 for each service call, subject to a maximum aggregate limit of $2,000 per Plan during each Term, including all repairs and replacement credits, if applicable, under the Plan. COMPATIBLE, AFTERMARKET, SUBSTITUTE, REMANUFACTURED OR RECYCLED PARTS MAY BE USED FOR REPAIR OF THE PRODUCT OR SYSTEM IF ORIGINAL PARTS ARE UNAVAILABLE OR MORE COSTLY.
    2. Maintenance Plans Generally. If You selected a "Maintenance" Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, then Your Plan includes one (1) maintenance visit by an Authorized Repair Technician selected by Us during the initial Term (and each renewal Term) for each product or system designated on Your Coverage Plan Letter. We will contact You when it is time to schedule Your maintenance. In addition, You may also call Us at 1-855-334-3577 to schedule Your appointment.
    3. Heating & Cooling Repair Essentials Plan, Heating Repair Essentials Plan and Cooling Repair Essentials Plan. If You selected any of the Heating & Cooling Repair Essentials Plan, Heating Repair Essentials Plan or Cooling Repair Essentials Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, (i) the Heating & Cooling Repair Essentials Plan and Heating Repair Essentials Plan cover one (1) gas furnace, oil or electric heater or boiler, including a heat pump, or geothermal system (ii) the Heating & Cooling Repair Essentials Plan and Cooling Repair Essentials Plan cover one (1) ducted electric central air unit, water evaporative cooler, or geothermal system and (iii) the Heating & Cooling Repair Essentials Plan, Heating Repair Essentials Plan and Cooling Repair Essentials Plan cover all components and parts located within the covered unit and which are necessary for the operation of the covered unit (including the thermostat and zoning system control panel), in each case, up to the limits set forth in Section 4(a). The following items are excluded from coverage under the Heating & Cooling Repair Essentials Plan, Heating Repair Essentials Plan and Cooling Repair Essentials Plan: ductwork and grilles, zoning system dampers, flues, vents, drain lines, air and fuel filters, electronic air cleaners, humidifiers, condensate pumps, window air conditioners, consumable items, including but not limited to, refrigerant, filters, batteries, fuses and plumbing, geothermal ground loop, gas and electrical piping to and from the unit including valves, in each case, unless covered under another Plan. This is a "repair" Plan only and does not provide replacement coverage.
    4. Heating & Cooling Repair Essentials PLUS Plan, Heating Repair Essentials PLUS Plan and Cooling Repair Essentials PLUS Plan. If You selected any of the Heating & Cooling Repair Essentials PLUS Plan, Heating Repair Essential PLUS Plan or Cooling Repair Essential PLUS Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan includes the coverage provided under the applicable Plan as described above in Section 4(c) and if Your Authorized Repair Technician determines that the covered HVAC system is deemed irreparable, then We will give You a credit of $500 towards a replacement product or system by Your Authorized Repair Technician, subject to the maximum aggregate limit of $2,000 as described in Section 4(a).
    5. Water Heater Repair Essentials Plan. If You selected the Water Heater Repair Essentials Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan covers components and parts that are a part of one (1) residential water heater and which are necessary for operation of the water heater, up to the limits set forth in Section 4(a). The following items are excluded from coverage under the Water Heater Repair Essentials Plan: plumbing, gas and electrical piping to and from the unit, in each case, unless covered under another Plan, and flues & venting. This is a "repair" Plan only and does not provide replacement coverage.
    6. Water Heater Repair Essentials PLUS Plan. If You selected the Water Heater Repair Essentials PLUS Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan includes the coverage provided under the Water Heater Repair Essentials Plan as described above in Section 4(e) and if Your Authorized Repair Technician determines that the water heater is deemed irreparable, then We will give You a credit of $500 towards a replacement water heater by Your Authorized Repair Technician, subject to the maximum aggregate limit of $2,000 as described in Section 4(a).
    7. Kitchen Repair Essentials Plan. If You selected the Kitchen Repair Essentials Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan covers components and parts located within one (1) residential range, oven or cooktop, kitchen refrigerator with ice maker, dishwasher and built-in microwave, which are necessary for the operation of the covered appliance, up to the limits set forth in Section 4(a). The following items are excluded from coverage under the Kitchen Repair Essentials Plan: plumbing, gas and electrical piping to and from the unit, in each case, unless covered under another Plan. This is a "repair" Plan only and does not provide replacement coverage.
    8. Kitchen Repair Essentials PLUS Plan. If You selected the Kitchen Repair Essentials PLUS Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan includes the coverage under the Kitchen Repair Essentials Plan as described above in Section 4(g) and if Your Authorized Repair Technician determines that any covered appliance is deemed irreparable then We will give You a credit of $500 towards a replacement appliance by Your Authorized Repair Technician, subject to the maximum aggregate limit of $2,000 as described in Section 4(a).
    9. Laundry Room Repair Essentials Plan. If You selected the Laundry Room Repair Essentials Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan covers components and parts located within one (1) residential clothes washer and clothes dryer, which are necessary for the operation of the covered appliance, up to the limits set forth in Section 4(a). The following items are excluded from coverage under the Laundry Room Repair Essentials Plan: plumbing, gas and electrical piping to and from the unit, in each case, unless covered under another Plan, and venting. This is a "repair" Plan only and does not provide replacement coverage.
    10. Laundry Room Repair Essentials PLUS Plan. If You selected the Laundry Room Repair Essentials PLUS Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan includes the coverage under the Laundry Room Repair Essentials Plan as described above in Section 4(i) and if Your Authorized Repair Technician determines that any covered appliance is deemed irreparable, then We will give You a credit of $500 towards a replacement appliance by Your Authorized Repair Technician, subject to the maximum aggregate limit of $2,000 as described in Section 4(a).
    11. Plumbing Repair Essentials Plan. If You selected the Plumbing Repair Essentials Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan covers the repair of leaks and/or stoppages from the interior water, waste, or drain line from the drainage system from the main shut-off valve to the shut-off valve at each fixture including water, waste, or drain lines that are concrete encased or otherwise inaccessible inside the Covered Property, up to the limits set forth in Section 4(a). The following items are excluded from coverage under the Plumbing Repair Essentials Plan: items located outside the dimensions of the main shut-off valve to the shut-off valve at each fixture up to and including, plumbing fixtures, exterior water and sewer lines, sump pumps, sewage ejector pumps, garbage disposal, well pump, well pump pressure or storage tank, water filtration or softening equipment and toilets. In addition, any damage caused, or costs incurred, to gain access to inaccessible interior plumbing systems and/or any needed restoration will be Your responsibility and are excluded under the Plan. This is a "repair" Plan only and does not provide replacement coverage.
    12. Plumbing Repair Essentials DELUXE Plan. If You selected the Plumbing Repair Essentials DELUXE Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan covers the repair of leaks and/or stoppages from the interior water, waste, or drain line from the drainage system from the main shut-off valve to the shut-off valve at each fixture including water, waste, or drain lines that are concrete encased or otherwise inaccessible inside the Covered Property, plus mechanisms within the faucets and fixtures, toilet tanks, toilet bowls, toilet wax ring seals, valves for shower, tub and diverter, angle stops, risers, gate valves, hose bibs and circulating pumps up to the limits set forth in Section 4(a). The following items are excluded from coverage under the Plumbing Repair Essentials DELUXE Plan: exterior water and sewer lines, sump pumps, sewage ejector pumps, garbage disposals, well pump, well pressure or storage tank and water filtration or softening equipment. In addition, any damage caused, or costs incurred, to gain access to inaccessible interior plumbing systems and/or any needed restoration will be Your responsibility. This is a "repair" Plan only and does not provide replacement coverage.
    13. Interior Gas Line Repair Essentials Plan. If You selected the Interior Gas Line Repair Essentials Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan covers parts and labor costs for repairs of leaks to completely exposed interior gas pipes or connectors, up to the limits set forth in Section 4(a). The following items are excluded from coverage under the Interior Gas Line Repair Essentials Plan: removal of items necessary to access the exposed interior gas piping, updating or moving non-leaking gas pipes to meet code, service to any exterior piping, including, but not limited to, pipes exiting the premises to the natural gas meter, underground piping outside of the main foundation of the home to gas lamps, grills and other appliances. This is a "repair" Plan only and does not provide replacement coverage.
    14. Electric Repair Essentials Plan. If You selected the Electric Repair Essentials Plan as indicated under the heading "Coverage Selected" on Your Coverage Plan Letter, the Plan covers hard-wired items only, including general wiring, meter boxes owned by You, fuse box(s) (primary and secondary), circuit breaker panels (primary and secondary), circuit breakers, switches and receptacles and low voltage wiring for door bells, alarm systems and smoke/co2 detectors up to the limits set forth in Section 4(a). The following items are excluded from coverage under the Electric Repair Essentials Plan: meter boxes located outside the home or owned by others, fixtures, telephone wiring, door bells or chime kits, smoke/co2 detectors, surge protectors, any wiring or other electrical items located outside of the Covered Property. This is a "repair" Plan only and does not provide replacement coverage.
    15. General Exclusions. The following items are not covered under any Plan(s): (i) incidental and consequential damage, this includes, by way of example only, damage from accident, abuse, misuse, introduction of foreign objects into the product or system, adequacy or capacity of systems or appliance, unauthorized modifications or alterations and improper or incomplete installation or repair, fire, freeze, electrical failure, surge, flood, collision, vandalism, theft, infestation or any insurable event; (ii) cosmetic damage or defects; (iii) routine maintenance unless included in Your Plan; (iv) accessories and supplies (including, batteries, external power supplies and filters); (v) damage to real property; (vi) service work needed to meet current building code violations or to correct code violations; (vii) any product or system which was not in good working order, or any defect in or problem with any product or system, existing prior to the Contract Period Start Date (as defined in Section 5(a)); and (viii) commercial property or residential property converted into a business. At times it is necessary to open walls or ceilings to make repairs, We are not responsible for the repair or replacement of any drywall, restoration of any wall coverings, floor coverings, plaster, cabinets, countertops, tiling, paint or the like. We shall have no obligation to identify, arrange for and will have no liability for the removal of, failure to detect or contamination as a result of an Authorized Repair Technician's failure to detect any hazardous products or materials, including mold or asbestos. We will not be responsible for repairs of systems or components arising from a manufacturer's defect or recall or while still under manufacturer's or distributor's warranties. Our responsibility will be secondary to any applicable insured event or other extended or in-home warranties that exist for the covered systems, products and components. We will not be obligated to perform services if a required permit cannot be obtained.
  5. TERM AND AUTOMATIC RENEWAL.
    1. IF YOU SELECTED A "REPAIR" PLAN, THERE IS A 30 DAY WAITING PERIOD BEFORE YOU ARE ELIGIBLE FOR REPAIR SERVICE UNDER THIS CONTRACT. REPAIR COVERAGE UNDER YOUR PLAN BEGINS 30 DAYS FROM THE DATE SET FORTH ON YOUR COVERAGE PLAN LETTER OPPOSITE THE HEADING "CONTRACT PERIOD START DATE".
    2. IF YOU SELECTED A "MAINTENANCE" PLAN, MAINTENANCE COVERAGE UNDER YOUR PLAN BEGINS ON THE DATE SET FORTH ON YOUR COVERAGE PLAN LETTER OPPOSITE THE HEADING "CONTRACT PERIOD START DATE".
    3. THIS CONTRACT IS FOR AN INITIAL TERM COMMENCING ON THE DATE SET FORTH ON YOUR COVERAGE PLAN LETTER OPPOSITE THE HEADING "CONTRACT PERIOD START DATE" AND ENDING ON THE DATE OPPOSITE THE HEADING "CONTRACT PERIOD END DATE". IF YOU SELECTED A REGULAR PAYMENT OPTION AND WE ELECT TO RENEW YOUR PLAN, WE WILL NOTIFY YOU OF THE TERMS (INCLUDING ANY INCREASE TO THE PRICE OF THE PLAN(S)) WITHIN SIXTY (60) DAYS PRIOR TO EXPIRATION OF COVERAGE. AT THE CONCLUSION OF EACH TERM YOU WILL AUTOMATICALLY BE RENEWED FOR ANADDITIONAL TERM UNLESS YOU NOTIFY US, IN WRITING, PRIOR TO THE PLAN EXPIRATION, BY MAIL: P.O. BOX 500, LINCOLNSHIRE, IL 60069 OR BY EMAIL: CANCEL@HWAHOMEWARRANTY.COM. YOUR FIRST RENEWAL PAYMENT WILL SERVE AS YOUR AUTHORIZATION FOR ANOTHER TERM. IF YOU REQUEST TO CANCEL AFTER AUTOMATIC RENEWAL TAKES PLACE, WE WILL HONOR YOUR REQUEST TO CANCEL IMMEDIATELY PURSUANT TO SECTION 12. IF YOU HAVE ANY QUESTIONS, OUR TOLL FREE NUMBER IS 1-855-334-3577. YOU MAY CANCEL THIS CONTRACT AT ANY TIME AS DESCRIBED IN SECTION 12.
    4. In the event that You elect during any Term to enroll in an additional plan(s) or upgrade Your Plan(s), Your Term will restart on this Contract so all of the plans have the same "Contract Period Start Date". A new contract will be mailed to You to reflect all of Your plans, including, this Plan. You may opt out of the restart of the Term by electing such when applying for new plans. When the Term restarts, the 30 day waiting period for repair service will not apply to any plans or portion thereof for which the waiting period has already been satisfied.
  6. PRICE AND PAYMENT. The amount of Your monthly charge or the amount You paid or will pay in full for the initial Term for the Plan(s) You have selected is set forth on Your Coverage Plan Letter. There is no deductible under this Contract. Payment(s) may be (i) made in monthly installments commencing the Contract Period Start Date with subsequent monthly payments due on each monthly anniversary of the Contract Period Start Date thereafter; or (ii) paid in full at the Contract Period Start Date or commencement of any renewal Term(s), depending on the applicable payment method. You agree to make payment either (i) to the address set forth on Your Coverage Plan Letter or to any changed or updated address We may provide You notice of from time to time; or (ii) if You authorize Us to do so, such payments will be drafted from a pre-authorized credit card, checking account, or added to Your utility or commodity bill, if applicable. You will not receive a monthly or annual bill. If Your payments are not current, We may refuse to provide service under the Plan(s). Except as otherwise specifically stated in this Contract, or as required by applicable law, Your payments are non-refundable. Nevada residents see Section 12, Cancellations.
  7. ASSIGNMENT; CHANGE OF SERVICE ADDRESS AND AMENDMENTS. This Contract is not assignable by You without Our prior written consent. If You move to a new residence, You may contact Us to request a transfer of this Contract to cover Your new residence so long as Your Plan is available. We reserve the right to deny the transfer of this Contract for any reason and/or to inspect the products and systems at Your new service address prior to covering such products and systems. We reserve the right to amend this Contract due to regulatory or procedural changes that may affect Our ability to perform under this Contract. We 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 agree that Direct Energy shall have no further obligation to You.
  8. LIMITATIONS OF LIABILITY.
    1. We will make commercially reasonable efforts to fulfill Our obligations under this Contract. Certain causes and events that are out of Our reasonable control ("Force Majeure Events") may result in Our inability to perform under this Contract or to perform in a timely manner. If We are unable to perform Our obligations, in whole or in part, due to a Force Majeure Event, then Our obligations shall be suspended to the extent made necessary by such Force Majeure Event, and in no event shall We be liable to You for Our failure to fulfill Our 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 Our reasonable control.
    2. We will only subcontract with Authorized Repair Technicians that meet Our standards. You agree that We are not liable for the negligence or the other conduct of the Authorized Repair Technician, nor are We an insurer of the Authorized Repair Technician's performance. Problems cannot always be diagnosed and repaired on the first service visit. We are not liable for losses or damages resulting from misdiagnosis or delays in completing diagnosis or repairs.
    3. EXCEPT FOR THE COVERAGE LIMITS AS DESCRIBED IN SECTION 4, Direct Energy'S TOTAL LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY FOR ALL DAMAGES, SHALL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER. IN NO EVENT SHALL Direct Energy OR ITS AFFILIATES BE RESPONSIBLE UNDER THIS CONTRACT FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR ECONOMIC DAMAGES OR LOSS OR DAMANGES TO ANY PERSON OR PROPERTY ARISING FROM THE LOSS OF USE OR THE INABILITY TO USE THE APPLICABLE PRODUCTS OR SYSTEMS TO THE EXTENT SUCH MAY BE DISCLAIMED BY LAW, AND YOU EXPRESSLY WAIVE THE RIGHT TO ANY AND ALL SUCH DAMAGES.
    4. This Contract is not a contract for insurance and is not insured. Obligations under this Contract are backed by the full faith and credit of Home Warranty of America, Inc.
  9. ENTIRE AGREEMENT; GOVERNING LAW. This Contract, including the terms and conditions of Your Plan(s), and Your Coverage Plan Letter, constitutes the entire agreement between the Parties with respect to the subject matter of this Contract. Unless otherwise required by the laws of the state where the Covered Property is located, this Contract shall be governed and construed and enforced in accordance with the laws of the State of Texas without regard to principles of conflicts of law.
  10. PERSONAL INFORMATION. By entering into this Contract, You agree that any personal information that You provide to Us in connection with this Contract, whether required or not, constitutes permission for Direct Energy to add Your personal information to Our customer database and to use and share your information as set forth in Our Privacy Policy (located at www.directenergyprotects.com/privacy-policy). You may opt out of receiving marketing communications from Direct Energy as set forth in the Privacy Policy or as provided within any marketing materials (e.g., using the "Unsubscribe" feature provided in the footer of emails).
  11. DISPUTE RESOLUTION; VENUE; WAIVER OF JURY TRIAL; GOVERNING LAW; WAIVER OF CLASS ACTION; FAILURE TO ENFORCE NOT WAIVER.
    1. It is the intent of both parties to resolve any disputes through negotiation between You and Us. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Contract. Either party may initiate negotiations by providing written notice to the other party, setting forth the subject of the dispute and the relief requested. The parties will respond to any initial and subsequent requests in a timely and complete manner.
    2. The parties further agree that in the event any dispute between them relating to this Contract is not otherwise resolved, exclusive jurisdiction shall be in the trial courts located within the jurisdiction in which the Covered Property is located, any objections as to jurisdiction or venue in such court being expressly waived.
    3. BOTH PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATIONS, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.
    4. Unless otherwise required by the laws of the state where the Covered Property is located, this Contract shall be governed, construed and enforced in accordance with the laws of the State of Texas 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 AGREE THAT YOU MAY BRING CLAIMS AGAINST Direct Energy OR ITS AFFILIATES ONLY IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING CLAIMS AGAINST Direct Energy OR ITS AFFILIATES AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR OTHER REPRESENTATIVE PROCEEDING.
    6. Any failure by Us 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 Us from asserting any right or enforcing any requirement at any time.
  12. CANCELLATION. You may cancel this Contract at any time. We may only cancel this Contract due to Your non-payment, fraud, material misrepresentation or breach of this Contract. In addition, We may be required to cancel this Contract as a result of a decision or order of a governmental body or a change in laws or regulations. If either You or Direct Energy cancels this Contract within 30 days from the Contract Period Start Date set forth on Your Coverage Plan Letter and You have not received any "Maintenance" or "Repair" service, You are entitled to a full refund of the amount paid by You under this Contract. If You have not received any "Maintenance" or "Repair" services (including any replacement credit), and either You or Direct Energy cancels this Contract after 30 days from the Contract Period Start Date, but before the end of the Term, You are entitled to a pro rata refund of the amount paid by You for the unexpired Term. If You have paid in full for the Term and You cancel this Contract before the end of the Term and You have received "Maintenance" or "Repair" services (including any replacement credit), You shall be entitled to a pro rata refund of the amount paid by You for the unexpired Term less any service/credit costs incurred by Us. If you are enrolled in a monthly payment plan and You cancel this Contract before the end of the Term and You have received "Maintenance" or "Repair" services (including a replacement credit), then You will be responsible for the lesser of the costs incurred by Us or the balance due under this Contract. Your cancellation will be effective immediately following the monthly period in which this Contract is canceled. We reserve the exclusive right not to renew this Contract for any reason.
    1. Alabama, Arkansas, Hawaii, Louisiana, Maryland, Massachusetts, Minnesota, New Jersey, Nevada, New Mexico, New York, South Carolina, Virginia, Washington and Wyoming Residents: In addition to Your cancellation rights set forth in Section 12, You may cancel this Contract within 20 days (30 days for Hawaii Residents) of the date this Contract was mailed to You or within 10 days (20 days for Hawaii and Maryland Residents) of delivery if this Contract is delivered to You at the time of sale or within a longer time period permitted under this Contract and if You have not received any "Maintenance" or "Repair" service, You are entitled to a full refund of the amount paid by You under this Contract. A 10% penalty per month on the purchase price amount for this Plan must be added to a refund that is not paid or credited to You within 45 (30 days for Maryland, New York and Washington Residents and 60 days for New Mexico Residents) days after the cancellation of this Contract.
    2. Arizona Residents: If this Contract is canceled, You shall be entitled to a pro rata refund of the paid contract fee for the unexpired Term.
    3. Louisiana Residents: If this Contract is canceled by Us, We shall mail a written notice to You at the last known address at least 15 days prior to cancellation by Us. Prior notice is not required if the reason for cancellation is nonpayment, material misrepresentation or substantial breach of duties by You.
    4. Nevada Residents: This Contract shall be noncancelable by Us after 70 days except on any of the following grounds: (i) failure by You to pay an amount when due or (ii) discovery of fraud or material misrepresentation by You in obtaining this Contract, or in presenting a claim for service hereunder. No cancellation by Us can become effective until at least 15 days after notice of cancellation is mailed to You.
    5. Utah Residents: If this Contract is canceled by Us in accordance with Section 12, such cancellation will be effective no sooner than 30 days after delivery or first-class mailing of a written notice to You.
    6. Vermont Residents: In addition to Your cancellation rights set forth in Section 12, You may cancel this Contract within 20 days of receipt of this Contract if You have not received any "Maintenance" or "Repair" service for a full refund of the amount paid by You under this Contract.
    7. Wisconsin Residents: In addition to Your cancellation rights set forth in Section 12, You may cancel this Contract within 15 days of the date this Contract was delivered to You for a full refund. This Contract shall not be canceled due to unauthorized repair of covered equipment.
    8. Wyoming Residents: If this Contract is canceled by Us, We shall mail a written notice to You at the last known address at least ten (10) days prior to cancellation by Us. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, material misrepresentation or substantial breach of duties by You.
  13. MISCELLANEOUS STATE PROVISIONS.
    1. Arkansas Residents: This Contract is not guaranteed under a service contract reimbursement policy.
    2. Florida Residents: The rate charged for this Contract is not subject to regulation by the Office of Insurance Regulation.
    3. Georgia Residents: In Georgia, the obligations under this Contract are guaranteed by a surety bond executed by Federal Insurance Company, 15 Mountain View Road, Warren, NJ 07059 - telephone number (908) 903-2000.
    4. Iowa Residents: The issuer of this Contract is subject to regulation by the Insurance Division of the Department of Commerce of the State of Iowa. Complaints which are not settled by the issuer may be sent to the Insurance Division.
    5. Kentucky Residents: You are entitled to make a direct claim against the surety insurer if We fail to pay any covered claim within 60 days after the claim has been filed. The Surety Insurer is Federal Insurance Company, 15 Mountain View Road, Warren, NJ 07059 - telephone number (908) 903-2000.
    6. Nevada Residents: Emergency service (see Section 3) for goods that are essential to Your health and safety, such as loss of heating, cooling, plumbing or substantial electrical service, and such loss of service renders the home otherwise uninhabitable, will commence within 24 hours after the claim is reported. In an emergency situation, if the repairs cannot be completed within 3 calendar days after the report of the claim, Direct Energy will provide a status report to You. We may not change the conditions of this Contract during the Term without Your affirmative consent, unless the changes are favorable to You in their entirety or are mandated by Nevada law to apply to in-force contracts. If We decide to alter the terms of this Contract in a manner not entirely favorable to You and not mandated by law, then We may only do so upon the expiration of the current Term. This Contract shall be governed and construed and enforced in accordance with the laws of the State of Nevada without regard to principles of conflicts of law. If this Contract is canceled, You shall be entitled to a pro rata refund of the paid contract fee for the unexpired Term.
    7. New Hampshire Residents: In the event You do not receive satisfaction under this Contract, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301 or (603) 271-2261.
    8. North Carolina Residents: The purchase of this Contract is not required either to purchase or to obtain financing for a home appliance.
    9. Oklahoma Residents: This Contract is not issued by the manufacturer or wholesale company marketing the product. This Contract will not be honored by such manufacturer or wholesale company. Coverage afforded under this Contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Home Warranty of America, Inc. is both the obligor and administrator.
    10. South Carolina Residents: If you have any question regarding this Contract, or a complaint against the obligor, you may contact the South Carolina Department of Insurance, 1201 Main St. Ste. 1000, Columbia, SC 29201 or PO Box 100105, Columbia, SC 29202-3105, or call (800) 768-3467.
    11. Utah Residents: Coverage afforded under this Contract is not guaranteed by the Property and Casualty Guarantee Association. This Contract is subject to limited regulations by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.
    12. Virginia Residents: If You are unable to contact or obtain satisfaction from Us then You may contact the Bureau of Insurance at PO Box 1157, Richmond, Virginia, 23218 or by calling 1-877-310-6560.
    13. Wisconsin Residents: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF INSURANCE. Provided notice or proof of loss is furnished as soon as reasonably possible and within one year after the time it was required by this Contract, failure to furnish such notice or proof within the time required by this Contract does not invalidate or reduce a claim unless We are prejudiced thereby and it was reasonably possible to meet the time limit.
    14. Wyoming Residents: Sections 9 and 11(a) (Dispute Resolution), 11(b) (Venue), 11(c) (Waiver of Jury Trial), 11(d) (Governing Law) and 11(e) (Waiver of Class Action) of this Contract do not apply to Wyoming residents. Wyoming Law will govern contracts issued in Wyoming.
    15. Texas Residents: We will provide You with written notification of any material changes to this Contract 45 days in advance of the implementation of such changes. Notice may not be provided to You when changes are favorable to You or when changes are mandated by a regulatory agency. After notice of a material change, You may terminate this Contract by providing written notice within the 45-day period prior to the effective date of the change. If You do not respond prior to the expiration of the 45-day period, the change will be deemed accepted by You. It is understood that WE WILL NOT BE THE SERVICE PROVIDER and WE WILL NOT BE PERFORMING the actual repair of any such systems or components.

NOTICE: THIS COMPANY PAYS PERSONS NOT EMPLOYED BY THE COMPANY FOR THE SALE, ADVERTISING, INSPECTION, OR PROCESSING OF A RESIDENTIAL SERVICE CONTRACT UNDER TEXAS OCCUPATIONS CODE 1303.304.

NOTICE: THIS CONTRACT IS ISSUED PURSUANT TO A LICENSE GRANTED BY THE TEXAS REAL ESTATE COMMISSION, AND COMPLAINTS IN CONNECTION WITH THIS CONTRACT MAY BE DIRECTED TO THE COMMISSION AT P.O. BOX 12188, AUSTIN, TX 78711, (512) 936-3049.

NOTICE: YOU THE BUYER HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS CONTRACT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL'S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY OR THE ATTORNEY OF YOUR CHOICE.

*Not a binding contract. For information only. Customer will receive actual binding contract upon completion of enrollment.