A. COVERAGE

During the Coverage Period set forth in this Agreement, Exclusive Home Guard (“We,” “Us,” or “Our”) agrees to arrange for the repair or replacement (as defined in Section C) of Covered Systems and Appliances through a qualified Independent Service Provider. All covered services shall be performed at Our expense, subject to the terms, conditions, exclusions, and limitations outlined in this Agreement.

Your individual Agreement details, including the Coverage Period, Agreement Fee, Service Fee, and a list of Covered Items, are provided in the Coverage Details, which are hereby incorporated by reference as part of this Agreement.

1. CONDITIONS FOR COVERAGE

Coverage under this Agreement is expressly contingent upon the following conditions being satisfied:

a. Malfunction Due to Ordinary Wear and Tear

Coverage shall apply only to Covered Systems and Appliances that become inoperative due solely to Ordinary Wear and Tear, as defined herein. Malfunctions resulting from misuse, abuse, neglect, pre-existing conditions (whether known or unknown), improper installation, or lack of maintenance are expressly excluded unless otherwise stated in an applicable endorsement.

b. Location of Covered Items

Covered Systems and Appliances must be physically located within the interior of the main foundation of the Covered Property, or within a detached garage that is expressly identified in the Coverage Details. Notwithstanding the foregoing, certain systems—such as swimming pools, spas, well pumps, septic tank pumping systems, sprinkler systems, and central air conditioning units—may be located outside the main foundation and shall remain eligible for coverage provided they are otherwise included and not excluded under this Agreement.

c. Pre-Existing Conditions

All Covered Systems and Appliances must have been fully functional and in proper working condition as of the Effective Date of this Agreement. Known or unknown pre-existing defects or failures are expressly excluded from coverage unless otherwise provided for in an enhancement clause.

d. Property Size Limitation

This Agreement provides coverage solely for residential properties with a total livable area of less than five thousand (5,000) square feet. Coverage for properties exceeding this size is available only upon disclosure by the Contract Holder and payment of an additional fee. Failure to disclose such information shall render the Agreement voidable at Our sole discretion.

2. COVERAGE START DATE

Coverage under this Agreement shall commence thirty (30) calendar days following the date on which the full Agreement Fee is received and processed by Exclusive Home Guard, unless otherwise specified in writing.

Not with standing the foregoing, if the Contract Holder provides verifiable documentation of uninterrupted prior coverage from another licensed home service contract provider, without any lapse in coverage, then coverage under this Agreement shall begin immediately upon receipt of the full Agreement Fee.

3. DEFINITIONS OF CAPITALIZED TERMS

Capitalized terms used throughout this Agreement, which are not defined within the context of the specific provision in which they appear, shall have the meanings ascribed to them in Section M: Definitions, which is hereby incorporated by reference.

B. SERVICE REQUESTS

1. Timely Submission of Service Requests

In order to facilitate prompt and efficient service, the Contract Holder is required to initiate a Service Request immediately upon discovery of a malfunction or failure of any Covered Item, and in no event later than the expiration of the applicable Coverage Period. Instructions for submitting a Service Request are set forth in the Coverage Details and shall be adhered to strictly as a condition precedent to receiving service under this Agreement.

2. Service Provider Assignment

Upon receipt of a valid Service Request, Exclusive Home Guard shall initiate contact with an authorized and qualified Service Provider within four (4) hours. Once a Service Provider accepts the assignment, the Contract Holder will be provided with the provider’s name, contact information, and the proposed date and time of the scheduled appointment.

Exceptions to Timeliness:
In certain circumstances—including, but not limited to, high seasonal service demand, weather-related delays, and geographic remoteness—assignment and scheduling of a Service Provider may exceed forty-eight (48) hours. Not with standing such delays, Exclusive Home Guard shall exercise commercially reasonable efforts to ensure that service is scheduled and performed as expeditiously as practicable under the prevailing conditions.

3. Requirement for Pre-Approval

No reimbursement or coverage shall be provided for any services, repairs, or replacements performed without the prior express authorization of Exclusive Home Guard. All Service Requests must be submitted and formally approved by Us before any work is commenced. Failure to obtain such approval shall render the associated costs ineligible for coverage under this Agreement.

4. Service Fee

For each Service Request submitted, the Contract Holder shall be responsible for the payment of a non-refundable Service Fee, as set forth in the Coverage Details. This Service Fee shall be paid directly to the assigned Service Provider at the time of service, unless otherwise directed by Exclusive Home Guard.

Non-Payment Consequences:
In the event the Service Fee is not paid in full at the time of service, coverage under this Agreement shall be suspended. No additional Service Requests will be accepted or fulfilled, and no further benefits will be provided until all outstanding Service Fees have been paid in full and brought current.

5. Guarantee on Completed Work

In the event that a covered repair performed under this Agreement fails within thirty (30) calendar days of completion, Exclusive Home Guard shall arrange for corrective service at no additional cost to the Contract Holder. The Service Fee associated with such follow-up service shall be waived. This guarantee applies only to the specific scope of the original service and shall not be construed to extend or renew coverage for unrelated components or newly arising issues.

6. Right to Select Service Provider

Exclusive Home Guard reserves the exclusive right to select and dispatch a qualified Service Provider from within its authorized network for all approved Service Requests. These Service Providers are vetted to ensure adherence to our standards for quality, reliability, licensing, and compliance.

Should the Contract Holder prefer to utilize a Service Provider of their own choosing, the Contract Holder must notify Exclusive Home Guard in advance of any work being performed. Any such Service Provider must be reviewed and formally approved by Exclusive Home Guard prior to the commencement of service. Approval is granted at the sole and absolute discretion of Exclusive Home Guard and may be denied for any reason, including but not limited to failure to meet licensing, insurance, pricing, or performance criteria.

No reimbursement shall be issued for services performed by a non-approved provider, and any work performed without prior written authorization shall be ineligible for coverage under this Agreement.

Should the Contract Holder wish to engage a Service Provider of their own choosing, prior written notice must be submitted to Exclusive Home Guard for consideration. Any such Service Provider must be pre-approved by Exclusive Home Guard, in its sole and absolute discretion, prior to the commencement of any work. Approval may be withheld if the proposed provider fails to meet established criteria relating to licensure, insurance, pricing, responsiveness, or service quality.

C. COVERAGE (PLAN-DEPENDENT COVERAGE)

Except as otherwise specified with respect to Air Conditioning / Heating / Ductwork, Ceiling Fan / Exhaust Fan / Attic Fan, and Garage Door Opener, coverage under this Agreement is limited to one (1) Covered Item per category, unless additional items have been disclosed and the applicable fees have been paid in accordance with the Coverage Details.

Coverage is further subject to the general terms, conditions, and exclusions contained within this Agreement, including item-specific exclusions listed under each Covered Item category. References to coverage of “all components and parts” shall not override applicable exclusions.

Clothes Dryer — COVERED

All mechanical and electrical components and parts.

Clothes Washer — COVERED

All mechanical and electrical components and parts.

Built-In Microwave — COVERED

All mechanical and electrical components and parts.

Oven / Range / Cooktop — COVERED

All mechanical and electrical components and parts.

Dishwasher — COVERED

All mechanical and electrical components and parts.

Garbage Disposal — COVERED

All mechanical and electrical components and parts.

Refrigerator — COVERED

All mechanical and electrical components and parts, including integral freezer units.
EXCLUDED: Audio/Visual equipment, smart-home features, and internet connection modules.

Ceiling Fan / Exhaust Fan / Attic Fan — COVERED

All mechanical and electrical components and parts.

Garage Door Opener — COVERED

All mechanical and electrical components and parts.
EXCLUDED: Door panels, tracks, track assemblies, remote controls, and structural garage door components.

Air Conditioning / Heating / Ductwork — COVERED

Coverage is provided for all mechanical and electrical components and parts necessary for the proper functioning of the following permanently installed climate control systems:

Included Systems:

• Ducted central air conditioning and heating systems, including electric, split, and packaged units

   

• Forced air systems powered by gas, electricity, or oil

   

• Geothermal heating and cooling systems

   

• Wall-mounted units, ductless mini-splits, and heat pumps

   

• Floor furnaces, hot water or steam circulating heating systems, and electric baseboard heaters

   

• Interior ductwork from the unit to the point of connection at registers or grills, provided such ductwork is not collapsed or clogged

   

Replacement Clause:
In the event that replacement of a Covered Item is deemed necessary, only the failed components or parts shall be replaced and, when required, upgraded to meet current federal, state, or local efficiency standards or regulations. System-wide or non-failed component upgrades are not included.

EXCLUDED:
Coverage under this section does not apply to the following:

• Outside or underground piping

   

• Well pumps and related components for geothermal or water source heat pumps

   

• Window-mounted air conditioning units, water towers, chillers, or associated water lines

   

• Refrigerant line sets

   

• Portable units, fuel storage tanks, chimneys, pellet stoves, cable heating, or wood-burning stoves (even if serving as a primary heat source)

   

• Insulation, collapsed or clogged ductwork, damper motors, and service valves

   

• Labor, refrigerant, or other associated costs for components still covered under a manufacturer’s or distributor’s warranty

   

• Legally required diagnostic testing associated with replacement

   

• Modifications required to existing systems, including but not limited to the replacement of air handlers when replacing condensers, and vice versa

Air Conditioning Tune-Up Eligibility

Air Conditioning Tune-Up Service is offered as a benefit under this Agreement; however, it shall only be available for scheduling and performance after the Covered Property has been under continuous and uninterrupted coverage for a minimum of one hundred eighty (180) calendar days from the Effective Date of this Agreement.

The Tune-Up Service is intended solely as preventive maintenance and is not designed to diagnose, correct, or address any pre-existing conditions, failures, or repair needs. Access to this benefit is further subject to availability, scheduling constraints, and the applicable Service Fee, as detailed in this Agreement.

Exclusive Home Guard shall bear no responsibility for any system failure, malfunction, or damage occurring during the initial one hundred eighty (180) day period following the Effective Date. The Tune-Up Service shall not be used as a substitute for a valid Service Request involving a covered or non-covered failure.

The Covered Property must remain in good standing under this Agreement at the time of scheduling and performance of the Tune-Up Service, including full payment of all premiums and the absence of any lapse in coverage.

Exclusive Home Guard reserves the right, in its sole and absolute discretion, to modify, reschedule, or deny any Tune-Up Service request due to limitations in service capacity, geographic availability, or the Contract Holder’s failure to comply with the terms and conditions of this Agreement.

Water Heater (Gas / Electric) — COVERED

Coverage is provided for all mechanical and electrical components and parts of residential water heater systems, including tankless water heaters and integrated circulating pumps.

Included Systems:

• Traditional tank water heaters (gas or electric)

   

• Tankless water heaters

   

• Circulating pump assemblies

   

EXCLUDED:
The following items and conditions are excluded from coverage under this section:

• Fuel tanks and secondary holding or storage tanks

   

• Vents, flues, thermal expansion tanks, and any energy management system components

   

• Water heater units exceeding a capacity of seventy-five (75) gallons

   

Electrical System — COVERED

Coverage is extended to the primary electrical infrastructure of the Covered Property, including components critical to the function of Covered Items.

Included Systems:

• Electrical service panels and subpanels

   

• Light switches and direct current (D.C.) electrical outlets

   

• Interior light fixtures

   

• Wiring running from the electrical panel to any Covered Item identified in this Agreement

   

EXCLUDED:
This section does not provide coverage for:

• Failures caused by circuit overloads or power surges

   

• Electrical outlet and switch faceplates or covers

   

• Wiring or components associated with solar energy systems, generators, or smart/automated energy management systems

Plumbing System / Stoppage — COVERED

Coverage under this section includes the repair of leaks, breaks, and stoppages within the domestic plumbing system of the Covered Property, as well as the components necessary for proper water flow and drainage.

Included Systems:

• Leaks and breaks in water, drain, gas, waste, or vent lines located within the main foundation of the Covered Property

   

• Toilets and internal components, including toilet wax ring seals

   

• Faucets, shower heads, shower arms, and valves associated with showers, tubs, and diverter mechanisms

   

• Angle stops, risers, gate valves, hose bibs, and basket strainers

   

• Built-in bathtub whirlpool motor, pump, and air switch assemblies

   

• Pressure regulators and sewage ejector pumps (excluding those used in septic systems unless optional coverage is purchased)

   

• Clearing of stoppages in sinks, bathtubs, showers, and toilets

   

• Clearing of mainline drain and sewer stoppages through accessible cleanouts, up to one hundred (100) feet from the access point

   

• Clearing of lateral drain line stoppages up to one hundred (100) feet from the access point, including through accessible cleanouts, p-traps, drains, or overflow access points

   

EXCLUDED:
The following items and conditions are expressly excluded from coverage under this section:

• Stoppages caused by collapsed, damaged, or broken drain, vent, or sewer lines located outside the foundation of the Covered Property

   

• Lines obstructed, damaged, or infiltrated by roots or foreign objects, even if located within the foundation

   

• Bathtubs, sinks, showers, shower enclosures, or shower base pans

   

• Toilet lids, seats, water jets, caulking, or grouting

   

• Septic tanks and any form of water filtration or purification system

   

• Holding tanks, storage tanks, saunas, and steam rooms

   

• Costs incurred to locate or access cleanouts that are missing, inaccessible, or not originally installed

   

• Costs associated with roof vent access or the installation of cleanouts for service

Rekey Service — COVERED

Subject to the terms and conditions of this Agreement, Exclusive Home Guard shall provide Rekey Service to the Covered Property. This service includes the rekeying of up to six (6) keyholes and the provision of four (4) identical keys.

This benefit applies exclusively to pre-installed, properly functioning, non-electronic door knobs and/or deadbolts that provide direct access to the interior of the Covered Property through the structural exterior walls.

EXCLUDED:
The Rekey Service does not include:

• Replacement of deadbolts, knobs, handles, or any associated locking hardware

   

• Garage door openers, keypads, or smart entry systems

   

• Broken, damaged, or inoperable locks

   

• Padlocks, skeleton key mechanisms, or locks associated with windows, safes, desks, file cabinets, or mailboxes

   

• Repairs, enhancements, or modifications to existing locking systems

   

• Any lock that cannot be rekeyed due to wear, damage, or design

   

All Rekey Services are subject to:

• Service availability and scheduling constraints

   

• Applicable Service Fees, as detailed in the Coverage Details

   

• Compliance with all other terms of this Agreement

   

Exclusive Home Guard reserves the right, in its sole discretion, to decline any Rekey Service request based on ineligibility of the lock, safety concerns, or failure of the Contract Holder to meet the conditions of this Agreement.

D. OPTIONAL COVERAGE (ADDITIONAL PAYMENT REQUIRED)

Optional Coverage is available only upon payment of the applicable additional fee and shall apply to no more than one (1) Covered Item per category, unless otherwise stated in the Coverage Details and the corresponding fees have been remitted. Coverage for these items is subject to all terms, conditions, limitations, and exclusions set forth in this Agreement, including those specifically listed under each Optional Coverage item. The phrase “all components and parts” shall not be interpreted to override exclusions or extend coverage beyond what is expressly provided herein.

Pool and/or Spa Equipment — OPTIONAL COVERAGE

Coverage under this section applies to the above-ground mechanical and electrical components of permanently installed pool and/or spa equipment used for the heating, pumping, and filtration of water.

Included Components:

• Pool sweep motor and pump

   

• Pump motor

   

• Blower motor and timer

   

• Above-ground plumbing pipes and electrical wiring

   

• Plumbing and electrical components necessary for water circulation and filtration

   

Where a pool and a built-in spa share common equipment, coverage shall extend to both. If the systems are separate, only the pool shall be covered unless an additional optional fee is paid to extend coverage to the spa.

EXCLUDED:
This coverage does not include the following:

• Portable or above-ground pools or spas

   

• Pool or spa lights, liners, or water jets

   

• Ornamental fountains, waterfalls, and their pumping mechanisms

   

• Auxiliary or booster pumps

   

• Pool covers and associated equipment

   

• Fill lines and fill valves

   

• Built-in or detachable pool cleaning equipment, including but not limited to pool sweeps, pop-up heads, turbo valves, skimmers, chlorinators, and ionizers

   

• Fuel storage tanks of any kind

   

• Disposable filtration media or cartridges

   

• Heat pumps, multimedia control systems, air dehumidifiers, saltwater generators, and any related components

Well Pump — OPTIONAL COVERAGE

Coverage under this section applies to well pumps used exclusively to supply water to the main residential structure on the Covered Property. This coverage includes up to five hundred dollars ($500.00) per Agreement Term for access, diagnosis, repair, or replacement of Covered Components.

Included Components:

• All mechanical and electrical components and parts of permanently installed well pumps used solely for domestic water delivery to the main dwelling

   

EXCLUDED:
The following items and conditions are expressly excluded from coverage under this section:

• Above-ground or underground piping, cabling, or electrical lines that lead to or from the well pump, including those located inside the well casing

   

• Well casings of any kind

   

• Pressure switches not physically attached to the well pump

   

• Holding tanks, pressure tanks, or secondary storage tanks

   

• Booster pumps

   

• Redrilling of existing wells or drilling of new wells

   

• Well pumps or components used in connection with geothermal systems or water source heat pump systems

Sump Pump — OPTIONAL COVERAGE

Coverage under this section applies to permanently installed groundwater sump pumps located within the Covered Property and used to manage groundwater intrusion or accumulation.

Included Components:

• All mechanical and electrical components and parts of in-place groundwater sump pumps

   

EXCLUDED:
This coverage does not apply to:

• Portable sump pumps or temporary pump systems

   

• Backflow prevention devices

   

• Check valves and associated fittings

   

Central Vacuum — OPTIONAL COVERAGE

Coverage under this section includes the internal mechanical functionality of permanently installed central vacuum systems used within the Covered Property.

Included Components:

• All mechanical and electrical components of the central vacuum motor and system unit

   

EXCLUDED:
The following are expressly excluded from coverage:

• Interior or wall ductwork and piping

   

• Detachable or external vacuum hoses

   

• System blockages

   

• Accessories or attachments (including brushes, wands, or powerheads)

Limited Roof Leak (Single-Family Homes Only) — OPTIONAL COVERAGE

Coverage is provided for repairs to active leaks in shake, shingle, or composition roofing materials located directly over the occupied living area of the Covered Property. Coverage includes up to five hundred dollars ($500.00) per Agreement Term for access, diagnosis, repair, or replacement of affected roof components.

NOTE:
This coverage does not include full or partial roof replacements. It is strictly limited to the repair of specific leak points in otherwise functional roofing systems.

EXCLUDED:
Coverage under this section does not apply to any of the following:

• Roofing materials located over porches, patios, or unoccupied structures

   

• Cracked, deteriorated, or missing shingles, tiles, or other roofing materials

   

• Foam, tar, gravel, or metal roofs

   

• Cemwood or Permatek shakes, Masonite shingles

   

• Flat or built-up roofing systems

   

• Leaks caused by, or occurring adjacent to, structural roof appendages, including solar equipment, chimneys, roof jacks, antennas, satellite dishes, or HVAC platforms

   

• Downspouts, flashing, gutters, skylights, patio covers, or decks

   

• Any form of preventative maintenance, inspection, or wear-related deterioration not resulting in an active leak

Standalone Freezer / Second Refrigerator — OPTIONAL COVERAGE

Coverage under this section applies to one (1) standalone freezer or second refrigerator located within the Covered Property or attached garage.

Included Components:

• All mechanical and electrical components and parts, including integral freezer compartments

   

EXCLUDED:
This coverage does not extend to:

• Audio/visual systems, touchscreens, cameras, or related smart-home features

   

• Internet connectivity modules or Wi-Fi-enabled communication components

   

Septic Tank Pumping — OPTIONAL COVERAGE

Coverage is provided for mainline stoppages or clogs that result in the backup of the septic system into the interior of the Covered Property. In such events, one (1) septic tank pumping shall be included per Agreement Term.

Coverage includes up to two hundred fifty dollars ($250.00) per term for access, diagnosis, and septic pumping services, provided such services are required as a result of a covered system failure.

Septic System — OPTIONAL COVERAGE

Coverage is provided for specific mechanical components of a residential septic system that services the Covered Property. Coverage includes up to five hundred dollars ($500.00) per Agreement Term for access, diagnosis, and repair or replacement of the Covered Items listed below.

Included Components:

• Sewage ejector pump

   

• Control box

   

• Jet pump or aerobic pump (where applicable)

   

EXCLUDED:
The following components and conditions are expressly excluded from coverage:

• Leach lines, field lines, lateral lines, tile fields, and leach beds

   

• Septic system failure due to insufficient capacity

   

• Cleanouts and septic pumping (covered separately under the Septic Tank Pumping clause, if applicable)

   

Sprinkler System — OPTIONAL COVERAGE

Coverage under this section applies to residential lawn sprinkler systems installed at the Covered Property. Coverage includes up to five hundred dollars ($500.00) per Agreement Term for access, diagnosis, and repair or replacement of covered sprinkler components.

Included Components:

• Sprinkler system control box

   

• Outside or underground piping

   

• Sprinkler heads and nozzles

Standalone Ice Maker — OPTIONAL COVERAGE

Coverage applies to one (1) standalone ice maker unit located within the Covered Property. Coverage includes up to five hundred dollars ($500.00) per Agreement Term for access, diagnosis, and repair or replacement of eligible components.

Included Components:

• All mechanical and electrical components and parts

   

• Integral freezer units

   

Trash Compactor — OPTIONAL COVERAGE

Coverage is provided for one (1) permanently installed or freestanding trash compactor unit. Coverage includes up to five hundred dollars ($500.00) per Agreement Term for access, diagnosis, and repair or replacement of covered components.

Included Components:

• All mechanical and electrical components and parts

E. LIMITATIONS OF LIABILITY

Unless otherwise expressly stated in Section D. of this Agreement, the maximum aggregate liability of Exclusive Home Guard for each Covered Item shall be limited to five thousand dollars ($5,000.00) per twelve (12) month period, commencing on the original Effective Date of this Agreement. This maximum liability shall apply to all costs incurred in connection with the access, diagnosis, repair, and/or replacement of the applicable Covered Item. The foregoing limitation shall apply equally to Fixed-Term Agreements and Monthly Renewal Agreements and shall reset on each annual anniversary of the Effective Date.

For Sections that list multiple Covered Items under a single numerical designation, the stated maximum liability shall apply in aggregate to all such items combined, rather than to each item individually.

Exclusive Home Guard shall cover up to five hundred dollars ($500.00) for costs associated with accessing Covered Items located behind roofing materials, unobstructed walls, ceilings, floors, or those embedded in concrete or otherwise inaccessible. Any restoration of access points shall be limited to a rough finish only and shall be included within the same $500.00 access limit.

Exclusive Home Guard retains the sole and exclusive right, in its absolute discretion, to determine whether a Covered Item shall be repaired or replaced in accordance with the provisions set forth in Section K of this Agreement. In lieu of repair or replacement, we may, at our option, provide a cash payment or cash equivalent settlement. Any such settlement shall reflect our actual cost for the repair or replacement, which may be less than the retail or consumer market price, and shall not include expenses for shipping, taxes, installation, or disposal. Upon issuance of a cash settlement, no further claims shall be permitted for the same Covered Item for a period of twelve (12) months from the date of settlement.

Exclusive Home Guard reserves the right to obtain a second opinion, at its own expense, from an alternative qualified Service Provider prior to the approval or denial of any claim.

F. EXCLUSIONS AND CONDITIONS

1. Routine Maintenance, Misuse, and Neglect

This Agreement provides coverage solely for failures resulting from normal wear and tear. Failures or malfunctions arising from the lack of routine maintenance, misuse, abuse, neglect, physical damage, or unauthorized modifications shall be expressly excluded from coverage. In the event a claim is denied, and the Contract Holder elects to appeal the denial, Exclusive Home Guard reserves the right to request maintenance records, proof of service, or a home inspection report to evaluate the appeal.

2. Upgrades, Modifications, and Incompatibility

Exclusive Home Guard shall not be liable for any costs associated with the upgrade, modification, or alteration of existing systems or appliances necessitated by incompatibility with replacement systems or components. This includes, but is not limited to, changes required to comply with federal, state, or local laws, regulations, or efficiency standards (e.g., refrigerant conversions or SEER rating compliance), unless such coverage is explicitly included in the Coverage Details.

3. Manufacturer’s Defects and Existing Warranties

This Agreement does not extend to repairs or replacements required as a result of manufacturer’s defects, product recalls, or failures of items still covered under a manufacturer’s or distributor’s warranty. It is the responsibility of the Contract Holder to pursue any remedies available under such warranties prior to requesting service under this Agreement.

4. Code Violations and Permits

Coverage under this Agreement does not include repairs or replacements required solely to comply with current building codes or to correct existing code violations. Costs associated with obtaining permits or inspections required by federal, state, or local agencies are likewise excluded unless expressly stated otherwise in the Coverage Details.

5. Excluded Systems and Technologies

The following systems and technologies are excluded from coverage under this Agreement, including all associated components and accessories:

• Electronic or computerized energy management systems

   

• Lighting control systems not integrated with Covered Items

   

• Solar energy systems

   

• Wind-powered systems

   

• Smart home or automation technologies not directly tied to Covered Item functionality

   

6. Disposal Fees

Service Providers may charge additional fees for the disposal of replaced or discarded Covered Items, parts, or components. Such fees are the sole responsibility of the Contract Holder unless otherwise stated in this Agreement.

G. LIABILITY DISCLAIMERS

Exclusive Home Guard shall not be held liable for the acts, omissions, negligence, or substandard performance of any Independent Service Provider or third-party contractor assigned to perform services under this Agreement. Exclusive Home Guard is not the insurer or guarantor of such third parties and expressly disclaims all liability for any damages, losses, or claims resulting from their conduct, including but not limited to consequential, incidental, indirect, secondary, or punitive damages.

Exclusive Home Guard shall not be responsible for any delays in service or fulfillment of obligations under this Agreement caused by circumstances beyond its reasonable control, including, without limitation, labor shortages, strikes, supply chain disruptions, parts unavailability, weather-related events, natural disasters, public health emergencies, pandemics, government mandates, acts of war, terrorism, civil unrest, or any other force majeure event. Services shall resume as soon as reasonably practicable once such conditions have subsided.

By accepting the terms of this Agreement, the Contract Holder expressly waives and relinquishes all rights to recover attorneys’ fees, consequential damages, indirect damages, punitive damages, or any non-economic losses. The Contract Holder’s recovery under this Agreement shall be limited solely to actual out-of-pocket expenses incurred in connection with a valid and approved covered claim.

H. COMMERCIAL USE AND EXCLUSIONS

This Agreement is intended solely for residential use. Coverage shall not apply to properties utilized for commercial purposes, business operations, or mixed-use activities. In addition, this Agreement does not extend to the repair or replacement of commercial-grade appliances or systems, including but not limited to industrial equipment, systems with commercial capacity ratings, or appliances designated for non-residential use.

I. MULTIPLE UNITS AND INVESTMENT PROPERTIES

1. Limited Coverage for Multi-Unit Properties

This Agreement does not provide coverage for duplexes, triplexes, or fourplexes unless the specific residential unit within such multi-unit property is explicitly designated as a Covered Property in the Coverage Details, and the applicable optional coverage for Common Systems has been elected and paid in full.

For properties consisting of five (5) or more attached residential units, coverage is limited exclusively to systems and appliances located within the physical boundaries of the individually covered unit. No coverage shall apply to shared infrastructure, utilities, or components located outside the designated Covered Property.

2. Common Systems Exclusion

Except where expressly stated and covered through an optional endorsement, Common Systems—defined as systems, appliances, equipment, or infrastructure components that serve more than one unit or property—are expressly excluded from coverage under this Agreement. This includes but is not limited to shared water heaters, HVAC systems, electrical panels, plumbing lines, and structural components servicing more than one residential dwelling.

J. TRANSFER OF AGREEMENT AND RENEWALS

1. Transferability

The Contract Holder may transfer this Agreement to a subsequent property owner at any time during the Coverage Period without the payment of a transfer fee. All rights and obligations under this Agreement shall remain binding upon the transferee, subject to written notice being provided to Exclusive Home Guard prior to or at the time of transfer.

2. Renewal of Agreement

This Agreement may be renewed solely at the discretion of Exclusive Home Guard. Upon expiration of the initial term, and unless the Contract Holder elects to cancel, this Agreement shall automatically convert to a month-to-month renewal at the same coverage level, subject to the then-prevailing monthly rate for such plan. The Contract Holder shall receive advance written notice of the applicable renewal rate and any material changes to the terms of coverage no less than sixty (60) days prior to the effective date of renewal.

3. Customers on Monthly Plans

For Contract Holders enrolled in a monthly billing cycle, this Agreement shall continue to renew on a month-to-month basis unless cancelled in accordance with this section. Written notice of cancellation must be submitted at least thirty (30) days prior to the conclusion of the current Agreement term to prevent renewal. Any changes to the monthly rate or to the Agreement’s terms and conditions will be communicated in writing at least sixty (60) days in advance of their effective date.

To cancel this Agreement or to opt out of automatic renewal, the Contract Holder must contact Exclusive Home Guard using the designated toll-free customer service line or submit written notice through the methods outlined in the Coverage Details.

K. CANCELLATION

1. Cancellation by Exclusive Home Guard

Exclusive Home Guard reserves the right to cancel this Agreement at any time for the following reasons:

• Nonpayment of Agreement Fee: Failure to remit payment for the Agreement Fee in accordance with the agreed-upon billing schedule.

   

• Nonpayment of Service Fee: Failure to pay the required Service Fee for any authorized service request.

   

• Fraud or Misrepresentation: The provision of false, inaccurate, or misleading information by the Contract Holder that is material to the issuance or administration of this Agreement.

   

• Mutual Agreement: Cancellation by mutual written consent of both Exclusive Home Guard and the Contract Holder.

   

2. Cancellation by the Contract Holder

The Contract Holder may cancel this Agreement at any time and for any reason by providing notice via the designated toll-free number or in writing, as specified in the Coverage Details.

a. Cancellation Within Thirty (30) Days of Order Date

If the Agreement is cancelled within thirty (30) calendar days of the original Order Date, the Contract Holder shall receive a full refund of the Agreement Fee paid, less any Service Costs incurred by Exclusive Home Guard prior to the effective cancellation date, unless otherwise prohibited by applicable law.

b. Cancellation After Thirty (30) Days

If the Agreement is cancelled more than thirty (30) days after the Order Date, the Contract Holder shall be entitled to a prorated refund of the Agreement Fee based on the unused portion of the Agreement Term, calculated as of the final day of the month in which the cancellation request is received. The refund will be reduced by:

• Any Service Costs incurred by Exclusive Home Guard during the term of this Agreement, and

   

• An administrative fee equal to the lesser of fifty dollars ($50.00) or the maximum amount permitted by applicable law.

   

In the event that the Service Costs incurred exceed the prorated refund amount, the Contract Holder shall be responsible for reimbursing Exclusive Home Guard for the lesser of:

• The difference between the incurred Service Costs and the total Agreement Fees paid to date, or

   

• For Monthly Plan holders, the difference between the total value of the Annual Monthly Agreement Fee and the total amount paid to date in the applicable contract year.

   

For further details regarding cancellation procedures or to initiate a cancellation request, please contact Exclusive Home Guard at the toll-free number listed in your Coverage Details.

L. RESOLUTION OF DISPUTES – MANDATORY ARBITRATION

1. Mediation Requirement

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the Contract Holder shall be required to submit a written claim to Exclusive Home Guard, affording Us a period of thirty (30) calendar days to investigate and respond in writing prior to the initiation of any arbitration proceedings.

2. Mandatory Binding Arbitration

Any claim, dispute, or controversy—whether based in contract, tort, statute, regulation, or any other legal or equitable theory—arising out of or relating to this Agreement, or the relationship between the parties, shall be resolved exclusively by final and binding arbitration.

Arbitration shall be conducted by a single arbitrator in accordance with the applicable rules of the American Arbitration Association (AAA), specifically the Commercial Arbitration Rules or Consumer Arbitration Rules, as in effect at the time the claim is filed. The rules and applicable forms may be obtained at www.adr.org or by calling 1-800-778-7879.

The arbitrator’s decision shall be final, binding, and not subject to appeal. Judgment upon the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction.

This arbitration clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

3. Limitation of Court Access

Neither party shall have the right to bring or pursue any legal action in court, except as necessary to enforce the arbitration clause or an award rendered thereunder. Any such action must be brought exclusively in a United States Federal District Court or, if such court lacks jurisdiction, in a court of appropriate jurisdiction within the State of New Jersey, unless otherwise required by applicable law.

4. Arbitrator’s Authority

The arbitrator shall possess the exclusive authority to determine all issues of interpretation, applicability, enforceability, or formation of this Agreement, including claims that this Agreement or any portion here of is void, voidable, or otherwise invalid. However, the arbitrator shall have no authority to adjudicate issues relating to the Class Action Waiver set forth below, which shall be reserved for determination by a court of competent jurisdiction.

5. Class Action Waiver

All claims, disputes, or controversies subject to arbitration shall be resolved on an individual basis only. The parties expressly waive their rights to participate in any class, collective, representative, or multiple-party proceeding, whether in arbitration or any other forum.

The arbitrator shall have no authority to:

• Consolidate or combine claims of multiple individuals or entities,

   

• Conduct class or representative proceedings, or

   

• Issue relief to any person or entity who is not a direct party to the arbitration.

   

If any provision of this Class Action Waiver is determined to be unenforceable, unconscionable, or otherwise invalid, such determination shall be made exclusively by a court of competent jurisdiction and shall not vest the arbitrator with authority to conduct a collective proceeding.

6. Acknowledgment of Arbitration and Class Action Waiver

By entering into this Agreement, the parties knowingly and voluntarily waive the following rights:

• The right to have any dispute heard and resolved in a court of law

   

• The right to a trial by judge or jury

   

• The right to participate in a class action or representative proceeding

   

7. Multiple Agreements

If the Contract Holder holds more than one active service agreement with Exclusive Home Guard, each such Agreement shall be subject to a separate arbitration proceeding. No arbitration may be combined or consolidated across multiple Agreements under any circumstance.

8. Choice of Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-law rules. Any legal proceedings permitted under this Agreement shall be brought exclusively in a court located within the State of New Jersey, unless otherwise required by applicable law or mutually agreed upon in writing by the parties.

M. DEFINITIONS

For the purposes of this Agreement, the capitalized terms set forth below shall have the meanings ascribed to them herein. Terms not defined in this section shall be interpreted in accordance with customary usage within the home service contract industry.

“Agreement Fee”
The total amount identified as the “Rate” on the Coverage Details page, representing the full consideration paid by You for coverage under this Agreement.

“Annual Monthly Agreement Fee”
The cumulative recurring monthly Agreement Fee payable for each twelve (12) month period of coverage, measured from either the Order Date or the Effective Date of coverage, whichever is later.

“Common Systems”
Shared systems or appliances servicing multiple residential units, including but not limited to apartment buildings, townhomes, condominiums, single-family homes within a multi-family complex, or any property with communal systems not exclusive to the Covered Property.

“Coverage Details”
The document provided in conjunction with this Agreement, titled “Coverage Details,” includes personal and property-specific information including, but not limited to, the Contract Holder’s name, contract number, service address, Agreement Fee, and Service Fee. This document forms an integral part of this Agreement.

“Covered Item”
Any item expressly listed under Sections C1 through C13 and D1 through D11 of this Agreement. Some Covered Items may require the payment of an additional fee in order to be eligible for coverage. Reference should be made to the Coverage Details for the final determination of coverage.

“Fixed-Term Plan”
A service agreement offering continuous coverage for a fixed period of no less than one (1) year, as specified in the Coverage Details.

“Monthly Plan”
A month-to-month service agreement under which coverage is provided for each monthly term following payment of the applicable monthly Agreement Fee, renewable automatically unless cancelled in accordance with this Agreement.

“Order Date”
The calendar date on which the Contract Holder submits payment of the Agreement Fee, thereby initiating the processing of this Agreement and coverage eligibility.

“Replace” or “Replacement”
Exclusive Home Guard’s obligation to substitute a Covered Item with an item of similar features, capacity, and efficiency. This includes but is not limited to clothes dryers, washing machines, built-in microwaves, ovens, ranges, cooktops, dishwashers, refrigerators, and garbage disposals.

• Replacement items may differ in size, brand, or color.

   

• All other Covered Items shall be replaced with builder’s standard-grade equipment, generally available in standard sizes and configurations.

   

• Exclusive Home Guard shall not be responsible for any costs exceeding the value of builder’s standard-grade equipment, including labor, installation, or related expenses.

   

“Service Costs”
The total expenses incurred by Exclusive Home Guard during the applicable Coverage Period for accessing, diagnosing, repairing, or replacing Covered Items. For Monthly Plans, this shall be calculated over each twelve (12) month period beginning from the Effective Date or Order Date.

“Service Fee”
The non-refundable fee due and payable by the Contract Holder to the assigned Service Provider at the time a Service Request is made, as specified in the Coverage Details.

“Service Provider”
Any licensed and qualified contractor, technician, or trade professional approved and dispatched by Exclusive Home Guard to perform services under this Agreement. Service Providers are independent contractors and not agents, employees, or affiliates of Exclusive Home Guard.

“You” or “Your”
The individual(s) or legal entity identified as the Contract Holder on the Coverage Details page and recognized as a party to this Agreement.

Legal Disclosures
This Agreement constitutes a service contract, and is not a home warranty or insurance policy. It is separate and distinct from any manufacturer’s warranty, builder’s warranty, or other product protection plan.