I. DEFINITIONS
The following definitions apply to words frequently used in this Service Guarantee:
- Administrator
- Means EGV Companies, Inc., 50 N. Laura Street, Suite 2500, Jacksonville, FL 32202, (833) 483-2610.
- Failure
- Means the malfunction of an Inspected Part due to defects in materials or workmanship that were not identified during the inspection service.
- Guarantor, We, Us, our
- Means the Inspection Company listed in the Inspection Company Information section in the Application Page for the Covered Vehicle listed in the Application Page.
- Guarantee Term
- Means it begins on the Purchase Date of the Inspection, is for the Term in Months shown on the Application Page and expires on the Expiration Date shown on the Application Page.
- Inspected Part
- Means any component of the Customer's vehicle that was specifically examined during the Service Provider's inspection process.
- Non-Powertrain Items
- Means all other Inspected Parts not classified as Engine and Transmission.
- Powertrain Items
- Means the engine and transmission and all internally lubricated parts.
- Service
- Means the vehicle inspection conducted by the Service Provider.
- Vehicle, Inspected Vehicle, Covered Vehicle
- Means the Vehicle which is the subject of the inspection service.
- You, Your, Customer
- Means the Customer shown in the Customer Information section on the Application Page, or the person to whom this Service Guarantee was properly transferred.
II. LIMIT OF LIABILITY
Our total liability for benefits provided during the term of this Service Guarantee shall not exceed five thousand ($5,000) for the engine and transmission parts listed below. For any other parts listed below the maximum total liability is seven hundred fifty ($750), less the deductible listed on the Application Page. Please note that there are specific exclusions that are not covered under this Guarantee. See the list of Exclusions below in the Exclusions Section.
Our liability for incidental and consequential damages including, but not limited to, personal injury, physical damage, property damage, loss of use of Your Vehicle, loss of time, loss of wages, inconvenience, and commercial loss resulting from the operation, maintenance, or use of Your Vehicle is expressly excluded.
III. GUARANTEE TERM
The Guarantee Term is the Months show on the Application Page. The Guarantee begins on the Purchase Date as shown on the Service Guarantee Information Section. The Guarantee ends when the expiration date is reached.
IV. YOUR RESPONSIBILITIES
It is Your responsibility to authorize tear down and diagnosis to the point where damage is visible, and cause of failure can be determined. It is Your responsibility to protect the Vehicle from further damage when a mechanical failure has occurred. Continued operation of the Vehicle after any mechanical breakdown occurs shall in all cases constitute failure to protect the Vehicle. Failure to protect the Vehicle is not limited to continued operation after mechanical breakdown alone but may constitute other acts of neglect by You. Be prepared to provide evidence that the maintenance services have been performed as directed by the Vehicle manufacturer. Please ensure that all required documents are included and are clearly legible. It is required that verifiable receipts be retained for all maintenance services. You must retain verifiable receipts proving purchases of all required parts and materials necessary to perform the required maintenance; confirming the date and mileage for the services performed. Maintenance and/or service work receipts will be requested by the Administrator.
A. FILING A BREAKDOWN CLAIM
In the event of a Breakdown, you must take immediate action to prevent further damage. This Service Guarantee will not cover the damage caused by continued operation or by not securing a timely repair of the failed component. The operator is responsible for observing Vehicle warning lights and gauges, or any other signs of overheating or component failure, and taking appropriate action immediately. Failure to do so may result in the denial of coverage. If Your Vehicle incurs a Breakdown, you must take the following steps to file a claim:
- If Your Vehicle breaks down, return to the Selling Dealer if possible or practical. If this is not possible or practical, take Your Vehicle to any licensed repair facility.
- Provide the licensed repair facility with a copy of Your Service Guarantee and/or Your Inspection Registration number if possible.
- Obtain Authorization from the Administrator. Prior to any repair being made, instruct the Licensed Repair Facility to contact the Administrator at (833) 483-2610 to obtain an authorization for the claim. Any claim for repairs without prior authorization will not be covered except as provided under Emergency Repairs (#7 below). The amount authorized by the Administrator is the maximum amount that will be paid for repairs covered under the terms of this Service Guarantee. Any additional amount must receive prior approval.
- Authorize Tear-Down and/or Inspection. In some cases, you may need to authorize the Licensed Repair Facility to inspect and/or tear-down Your Vehicle in order to determine the cause and cost of the repair. You will be responsible for these charges if the failure is not covered under this Service Guarantee. We reserve the right to require an inspection of Your Vehicle prior to any repair being made.
- Review coverage. After the Administrator has been contacted, review with the Licensed Repair Facility what will be covered by this Service Guarantee.
- Upon completion of the authorized repair, you must pay to the Licensed Repair Facility any required Deductible. We will reimburse the Licensed Repair Facility or You for the cost of the work performed on Your Vehicle that is covered by this Service Guarantee and previously authorized, less the Deductible. Once authorization is obtained and the repair is completed, all repair orders and documentation must be submitted to the Administrator within thirty (30) days.
- Emergency Repairs: Should an emergency occur which requires a repair of a Breakdown to be made at a time when the Administrator's office is closed, You must refer to Your Agreement to determine if the Breakdown is due to the failure of a Covered Part and there are no listed exclusions that apply and follow the Claims procedures above. For a repair that is determined to be a covered part, authorize the Licensed Repair Facility to perform the repair and call the Administrator for instructions within five (5) business days, during normal business hours, at which point the claim will be reviewed for benefits per the terms of the Service Guarantee.
NO CLAIMS WILL BE PAID UNLESS YOU FOLLOW THE STEPS OUTLINED ABOVE. For claim assistance, please contact the Administrator at (833) 483-2610. Customer Service is available Monday – Friday from 8:00AM until 5:00PM (CST). Claims Department is available Monday – Friday from 8:00AM until 5:00PM (CST).
B. RIGHT TO RECOVER PAYMENT
If You have a right to recover funds that We have paid under this Service Guarantee against another party (such as a manufacturer's warranty claim, parts warranty, insurer, other service, etc.), Your rights shall become Our rights. You agree to provide reasonable assistance to help Us to recover these funds. We shall recover only the excess after You are fully compensated for Your loss.
V. SCHEDULE OF COVERAGES
Coverage is limited to the parts listed below.
A. AUTOCERTS
1. ENGINE:
Camshaft – inclusive of Actuator, Position Sensor and Seal, Connecting Rod, Crankcase – Crankshaft, Position Sensor, Pulley and Seal, Cylinder Head, Distributor, Engine Overhaul – Control Unit, Temperature Sensor, Cylinder, Glow Plug, Head Gasket, IAC Valve, Idle Air Bypass Kit, Ignition Coil, Ignition Module, MAP Sensor, Mass Airflow Sensor, Oil Cooler Oil pan, Oil Pan Gasket, Oil Pressure Sensor, Oil Pump, Piston – Pins and Rings, Rear Main Seal, Supercharger, Throttle Body, Turbo Hose, Turbocharger, Vacuum Pump.
2. TRANSMISSION:
Transmission Overhaul, Transmission Cooler, Transmission Pan Gasket, Transmission Pump, Transmission Rear Oil Seal, Shift Solenoid, Torque Converter.
3. DRIVE AXLE(S):
CV Axle, Clutch master Cylinder, Clutch Pilot Bearing, Clutch Slave Cylinder, Differential, Driveshaft, PCM – Powertrain Control Module, Transaxle, Universal Joint.
4. EXHAUST and EMISSIONS:
Air Pump, Charcoal Canister, Exhaust Gas Recirculation (EGR) System Overhaul, EGR – Cooler, Position Sensor, Temperature Sensor, Vacuum Solenoid, EGR Valve, Evaporative Emission Control (EVAP) System, Fuel Tank Pressure Sensor, Intake Manifold, Intake Manifold Control Runner, Knock Sensor, Secondary Air Injection System, Secondary Air Injection Pump.
5. A/C:
Air Conditioning Accumulator/Receiver-Drier, Compressor, Condenser, Hose, Expansion Valve, Heater Blower Motor, Heater Blower Motor Resistor, Heater Control Valve, Heater Core, Heating and A/C Overhaul.
6. COOLING SYSTEM:
Radiator, Coolant Expansion Tank, Cooling Fan Clutch, Cooling Fan Motor, Vacuum Modulator, Heater Core, Heater Core Valve.
7. FUEL SYSTEM:
Fuel Injector, Injector Seals, Pressure Regulator, Fuel Pump, Diesel Fuel Injector, Diesel Fuel Injection Pump, Carburetor.
8. SUSPENSION and STEERING:
Ball Joint, CV Half Shaft Boot Kit, Control Arm, Control Arm Bushing, Front Coil Spring, Shock Absorber (front and rear), Inner Tie Rod End, Leaf Spring, Steering Box, Steering Rack and Pinion, Power Steering Pressure Hose, Power Steering Pump, Rear Coil Spring, Rear Shock Absorber, Sway Bar, Steering – Column, Intermediate Shaft, Rack and Pinion, Rack Boot and Bushings, Strut Bearing, Struts, Suspension Knuckle, Suspension Overhaul, Tie Rod End.
9. ELECTRICAL:
ECM, TCM, PCM, Alternator, Sending Units, Gauges, Throttle Position Sensor, Oxygen Sensor, Cooling Fan Relay.
B. Emergency Roadside Assistance:
YOU must call toll free (877) 553-0531 and a service vehicle will be dispatched to your assistance. Important: Please be with your covered Vehicle when the service provider arrives, unless it is unsafe to remain with the vehicle, as the provider cannot service an unattended vehicle. In the event that service is not obtainable through CT Auto Club, Inc., you will receive an authorization number to receive a reimbursement of payments made according to your program benefit and coverage limits for services received independently. You must first contact CT Auto Club, Inc., for authorization to obtain independent services.
NOTE: ASSISTANCE OBTAINED THROUGH ANY SOURCE OTHER THAN CT AUTO CLUB, IS NOT COVERED AND IS NOT REIMBURSABLE.
- Towing Assistance – When towing is necessary, the covered Vehicle will be towed up to twenty-five (25) miles back to the Selling Dealer if possible or practical or to the nearest qualified service facility or to another location requested by the driver of the covered Vehicle.
- Flat Tire Assistance – Service consists of the removal of the covered Vehicle's flat tire and its replacement with the spare tire located with the covered Vehicle, or the service provider will drive you to the closest tire store for repair.
- Fuel, Oil, Fluid and Water Delivery Service – An emergency supply of three (3) gallons of fuel, oil, fluid and water will be delivered if the covered Vehicle is in immediate need. You must pay for the fuel or other fluid when it is delivered.
- Lock-Out Assistance – If your keys are locked inside the covered vehicle, assistance will be provided to enter the covered Vehicle.
- Battery Assistance – If battery failure occurs, a jumpstart will be provided to start Your covered Vehicle.
Coverage shall not be provided in the event of emergencies resulting from the use of intoxicants or narcotics, or the use of the covered Vehicle in the commission of a felony.
The following items are not covered as part of the Emergency Roadside Assistance benefit:
Cost of parts, replacement keys, fluids, lubricants, fuel, additional labor relating to towing, or the cost of installation of products. Non-emergency towing or other non-emergency service. Non-emergency mounting or removing of snow tires or chains. Shoveling snow from around a vehicle. Tire repair, extrication or winching. Motorcycles, trucks over one-ton capacity, taxicabs, limousines, or other commercial vehicles. (Note: Ride share vehicles are not subject to this exclusion). Recreational Vehicles (RVs), camping trailers, travel trailers, or any vehicle in tow. Any and all taxes or fines. Damage or disablement due to collision, fire, flood or vandalism. Towing from a service station, garage or repair shop. Towing by other than a licensed service station or garage; vehicle storage charges; a second tow for the same disablement. Service on a vehicle that is not in a safe condition to be towed or serviced or that may result in damage to the vehicle if towed or serviced. Towing or service on roads not regularly maintained, such as sand beaches, open fields, forests, and areas designated as not passable due to construction, etc. Towing at the direction of a law enforcement officer relating to traffic obstruction, impoundment, abandonment, illegal parking, or other violations of law. Repeated service calls for a covered vehicle in need of routine maintenance or repair. Services received independently from CT Auto Club, Inc., without prior authorization from CT Auto Club, Inc.
Only one disablement for the same service type during any seven-day period will be accepted. THIS IS NOT A ROADSIDE ASSISTANCE REIMBURSEMENT SERVICE.
VI. EXCLUSIONS/WHAT IS NOT COVERED
This Guarantee does not provide coverage for any of the following Exclusions:
- A. For any condition where the stated component fails the inspection process and is noted on the final inspection.
- B. For any part or component that is not listed as a part of this inspection.
- C. For any repair or replacement made without prior authorization from Administrator to Licensed Repair Facility.
- D. For any pre-existing condition, for any Breakdown occurring prior to the Effective Date or reported after the Expiration Date, or if the information provided by You, or the licensed repair facility cannot be verified as accurate or is found to be deceptively inaccurate.
- E. For any loss caused by faulty or negligent auto repair work, improper servicing or installation of defective parts. Any repair that has been misdiagnosed by the Licensed Repair Facility, or any failure that cannot be verified as accurate or is found to be inaccurate.
- F. For maintenance services and parts described in Your Vehicle's Owner's Manual as supplied by the manufacturer and other normal maintenance services including, but not limited to tune ups, alignments, coolants, lubricants, hazardous/environmental waste charges or disposal fees and shop supplies.
- G. For any of the following parts: spark plugs, spark plug wires, glow plugs, filters, fluids, 12V lead-acid batteries, batteries, battery cables/harness, belts, paint, carpet, bright metal, trim, sheet metal, bumpers, body panels, glass, moldings, upholstery, lenses, sealed beams, LED Lighting, headlight assemblies, light bulbs, brake rotors, brake drums, brake shoes, brake pads, fuses, circuit breakers, cellular phones, remote control consoles, radar detection devices, weather strips/body seals, all exhaust components, the following emission components: EGR purge valve/solenoids/sensors, vacuum canister, vapor return canister, vapor return lines/valves, air pump/lines/valves, emission vapor sensors, gas cap filler neck, catalytic converter; hoses, clamps, distributor cap and rotor, shock absorbers, manual/hydraulic clutch assembly (friction clutch disc and pressure plate, throw out and pilot bearing), outside ornamentation, frames/sub-frames and structural body parts and body components, brackets, door handles, lift gate handles, tailgate handles, door bushings/bearings, conversion van appliances, vinyl top, convertible top, canvas tops, convertible top assemblies, fabric top, fiberglass top, hardware or linkages (covered only as part of repair or replacement of a covered part), tires, wheel/rims, wheel balances, wheel covers, wheel lugs and lug nuts, valve stems, safety restraint systems (including airbags), lost or missing parts, electronic diagnostic equipment, freight, any repairs to correct rust, corrosion, water intrusion, water ingestion, water damage, odors, carburetors, air and water leaks, wind noise, squeaks, rattles. Fastening hardware (external nuts, bolts, springs, brackets, etc.,) are only covered when required in connection with the replacement of a covered part, but never as a cause of failure. Any options/equipment not originally installed by the vehicle manufacturer.
- H. For any damage and/or Breakdown resulting from damage caused to a Covered Part by impact or any other external force known or unknown, collision, bent or twisted parts, rust or corrosion, salt, environmental damage, contamination, oxidation, carbon, sludge, varnish, restricted oil passages, lack of proper quality or quantity of fluids or lubricants, damage caused when the engine exceeds the manufacturer's maximum recommended operating temperature (as indicated by gauges, warning lights, or audible warning sounds, warped, discolored or melted parts). Engine block and cylinder heads are not covered if damaged by overheating, freezing or warping. Any Breakdown resulting from acts of nature including but not limited to lightning, earthquake, windstorm, volcanic eruption, and freezing.
- I. For any Breakdown caused by Your failure to follow the instructions in Section VII-A YOUR MAINTENANCE REQUIREMENTS, any Breakdown where maintenance records pertaining to a Breakdown have been requested by Us but cannot be produced or verified, or Breakdown as a result of lack of normal maintenance required by the manufacturer's maintenance schedule for Your Vehicle. For any loss caused by faulty or negligent auto repair work, improper servicing or installation of defective parts. Any repair that has been misdiagnosed by the Licensed Repair Facility, any failure that cannot be verified as accurate or is found to be inaccurate.
- J. For new vehicles that do not have the full manufacturer's warranty in place or acknowledged by the Manufacturer. Breakdown or failure costs that should be covered by a manufacturer's warranty, recall, or any other dealer assistance program. Breakdown or failure costs that should be covered by the warranty of parts or workmanship on a previously repaired or replaced component, regardless of the manufacturers or repairer's ability to pay for such repairs or when the responsibility for the repair is covered by Your primary insurance.
- K. For any repair for the purpose of correcting the gradual reduction of performance when a Breakdown has not occurred. Burnt valves, and/or burnt pistons are not covered. Damage caused by pre-ignition detonation, pinging, improper/contaminated fuel, fuels containing more than ten (10%) percent ethanol (if the engine was not manufactured for this mixture), excessive fuel conditions, lean fuel conditions, clogged fuel injectors, improper lubricants or improper engine adjustments. Any Breakdown caused by failure to maintain proper levels of lubrication, lubricant blockage, coolant blockage, or lack of lubrication. Repairs to seized or damaged parts due to operation without sufficient oil or coolant.
- L. For loss of time, expense, storage charges, loss of use of Vehicle, loss of profits, income or other consequential damages, including, but not limited to loss or damage or injury to persons or property resulting from Breakdown of any of the covered parts.
- M. For accidental loss or damage, physical damage, collision or upset, road hazard, falling objects, fire, theft, larceny, hail, explosion, lightning, earthquake, windstorm, water, flood, malicious mischief, vandalism, riot, civil unrest, negligence, abuse or misuse, lack of normal maintenance required by the manufacturer's maintenance schedule for Your Vehicle.
- N. For any Breakdown caused by rust, residue, electrolysis or corrosion. Any Breakdown caused by the failure of any nuts, bolts or fasteners unless internally lubricated.
- O. For any Vehicle that has been issued a Salvage or Rebuilt title. The following are excluded from this Guarantee: Any vehicle that has ever been issued a branded title for assembled, dismantled, scrap, fire, flood, saltwater, junk or parts only, or declared a "lemon"; Any vehicle that has been declared true mileage unknown (TMU), has a failed, broken, disconnected or altered odometer; Any vehicle on which the actual accumulated mileage cannot be determined for any reason.
- P. For a Breakdown of a covered component/part caused by Your refusal to perform reasonable repairs recommended by the dealer, Repair Facility, or Administrator. Any damage caused by failure to protect Your Vehicle from further damage when a Breakdown has occurred or failure to have Your Vehicle towed to the service facility when continued operation may result in further damage. Continued operation includes but is not limited to Your failure to observe warning lights, gauges, or any other signs of overheating or component failure, such as fluid leakage, slipping, knocking, or smoking, and not protecting Your Vehicle by continuing to drive creating damage beyond the initial failure. Lack of mechanical knowledge is not an excuse for continued operation.
- Q. For any part or repair that a repair facility or manufacturer recommends or requires to be repaired, replaced, adjusted or updated (including updating software or programming), in conjunction with a covered repair when a Breakdown of that part has not occurred. This includes modifications, replacement, or alteration of original systems necessitated by the replacement of an obsolete, superseded, redesigned, or unavailable part.
- R. For Commercial Use Vehicles. The following are excluded from this Guarantee: a vehicle used for the purpose of rental, taxi, limousine or shuttle, towing/wrecker service; a vehicle equipped with a dump bed, cherry picker, lifting or hoisting equipment; a police or emergency service vehicle or a vehicle with a municipal tag; or vehicles used for principally off-road use, prearranged or organized racing or competitive driving.
- S. If any alterations 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, trailer hitches, suspension reductions, or undersized wheels or tires. The maximum tire height modification allowed is four (4) inches in overall diameter larger than the manufacturer's specifications as displayed on the placard of Your Vehicle. Also, not covered are any emissions and/or exhaust systems modifications, engine modifications, transmission modifications, and/or drive axle modifications, which includes any performance modifications. Any modification that voids the original manufacturer warranty will also void the coverage provided under this Guarantee.
- T. For frame and suspension modifications. For Lift Kits. Frame and suspension modifications exceeding a six-inch (6") lift or a four-inch (4") drop are excluded from Coverage.
- U. For any Breakdown or failure occurring outside of the United States or Canada.
- V. 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 under normal operating conditions, or for any part that a repair facility or manufacturer recommends or requires to be replaced or repaired or is an update and is not a Breakdown. Damage to covered part due to failure of a non-covered part is also excluded.
- W. For any benefit or payment for any loss directly or indirectly resulting from: cyber risk; political risk; war or acts of war; weapons of mass destruction; pollution or contamination (including threat thereof); nuclear reaction, or contamination; illegal activities of or on behalf of Customer or any person in lawful possession of the Inspected Vehicle, confiscation, seizure or destruction of property; or abandonment.
VII. CANCELLATIONS
You may cancel this Guarantee at any time by forwarding Your written request, within thirty (30) days after the requested cancellation date, to the Administrator. If you cancel this Guarantee, coverage will terminate and will not be reinstated. If the Guarantee is cancelled by You within the first thirty (30) days after the date of inspection, the entire guaranteed price will be refunded to You. If the Guarantee is cancelled after the first thirty (30) days of the date of inspection, and You have not incurred a claim, the unearned guaranteed price will be refunded to You less an administration fee of fifty ($50) dollars.
VIII. GUARANTEE HOLDER'S TRANSFER CONDITIONS
This Guarantee, while in force, may be transferred by You to the subsequent owner of the Vehicle for a fee of fifty dollars ($50), payable to Us. The subsequent owner must also transfer the manufacturer's warranty, if available. Written evidence of all required maintenance services must be provided to Administrator upon transfer. Transfer is limited to an individual purchaser of the Vehicle (not a Dealer) and the title may not pass through a Dealer. All terms and conditions of the original Guarantee will apply to the transferee. Approval of transfers is at the discretion of the Administrator and may be declined for any reason.
Submission of a Transfer Application must be completed within thirty (30) days of the sale or transfer of the Vehicle to the subsequent owner. The Transfer Application may be obtained from the Administrator.
IX. RENEWABILITY
This Guarantee may be replaced upon expiration in accordance with the guidelines outlined herein. The request for replacement must be made at least 30 days prior to the Expiration Date of this Guarantee in order to qualify for a replacement Guarantee. The Vehicle must meet the then current underwriting guidelines relative to the Vehicle eligibility and coverage availability. A full mechanical inspection of the Vehicle may be required. If all the above criteria are met, we may issue a replacement Guarantee, at the sole discretion of the Administrator.
X. GENERAL
State law applies on any limitations on the duration of implied warranties, disclosed on the face of the Guarantee, as provided in section 108 of the Act, 15 U.S.C 2308; Some states do not allow restrictions on how long an implied Guarantee lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions may not apply to You. This Guarantee give You certain rights and You may also have other rights, which differ from state to state.
XI. DISPUTES: REQUEST FOR RECONSIDERATION
If You believe We have improperly denied a claim, You should first, before commencing legal action, submit a written request for reconsideration by email to admin@omegaautocare.com or via first-class mail to EGV Companies, Inc. 50 N Laura Street, Suite 2500, Jacksonville, FL 32202. Please include Your full name and Inspection number, a brief description of why You believe the claim was improperly denied, and any other information or documentation You believe is relevant to the claim. Please allow Us seventy-two (72) business hours from the time of receipt to respond.
XII. ARBITRATION
This Guarantee requires binding arbitration if there is an unresolved dispute between You and Us concerning the Guarantee (including the cost of lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, you give up Your right to resolve any dispute arising from this Guarantee by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. To start arbitration, you must make a written demand to seek arbitration at the following address:
EGV Companies, Inc.
50 N. Laura Street, Suite 2500, Jacksonville, FL 32202
This demand must be made within one (1) year of the earlier of the date the Breakdown occurred, or the dispute arose. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an "umpire." Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Guarantee. The laws of the state of Florida (without giving effect to its conflict of law principles) govern all matters arising out of or relating to this Guarantee and all transactions contemplated by the Guarantee, including, without limitation, the validity, interpretation, construction, performance and enforcement of the Guarantee.
