Throughout this Agreement, You and Your refer to the Accountholder. We, Us, and Our refer to ServicePlan, Inc. In addition, when in bold certain words and phrases are defined as follows:
Administrator means cynoSure Financial, Inc. You may contact the Administrator if You have questions regarding this Agreement or would like to make a claim. The Administrator can be reached by phone at 1-888-778-9043 or mail to P.O. Box 7691 St. Clair Shores, MI 48080.
Eligible Vehicle means the new 2008 through and including 2010 model year General Motors motor vehicle that is purchased from a Qualifying Dealership and this vehicle is shown in the Schedule. All Saab motor vehicles, all GM Medium Duty C 5500 series and above, including W Series trucks are not eligible and thus, are not an Eligible Vehicle.
Qualifying Dealership means a motor vehicle dealership located in the United States that:
Sale means that:
Trade-In, Trading-In or Traded-In means that:
Vehicle Loan means terms and conditions of the original loan for the Eligible Vehicle.
To qualify You must satisfy each of the below requirements:
Subject to the conditions and limitations described in this Agreement, if at the time of Your Trade-In or the close of Your Sale, the remaining Vehicle Loan balance is greater than the National Automobile Dealers Association (NADA) clean retail value in the United States for Your Eligible Vehicle, We will pay to You (or if a Trade-In where You have assigned this payment to the Qualifying Dealership who has contractually committed to purchase Your Eligible Vehicle, then to that Qualifying Dealership) the lesser of the following:
In order to receive payment, You must comply with all of the terms and conditions of the Your Vehicle Loan.
This redemption payment can only be redeemed once for the Eligible Vehicle. Once a benefit has been paid under this Agreement, this Agreement terminates. This Agreement also terminates if Your Vehicle Loan is closed, refinanced, or upon Your death.
The redemption calculation starts with the remaining balance owed to the lender (excluding late fees, loan penalties, interest, and refundable portions of the Qualifying Dealership add-on products) at the time of Trade-In or close of the Sale, and then subtracts the NADA average clean retail value for Your Eligible Vehicle (which includes NADA average miles calculation) at time of Trade-In or close of the Sale.
At time the Eligible Vehicle is purchased, if the Vehicle Loan amount exceeds 110% of MSRP of the vehicle, then the dollar amount by which the Vehicle Loan amount exceeded 110% of the vehicle MSRP will be added back to the NADA clean retail value of the Eligible Vehicle at the time of Trade-In or close of the Sale in order to calculate the redemption value.
For purposes of calculation; Your Eligible Vehicle is considered to be in NADA clean retail condition at time of Trade-In or the close of the Sale. Vehicle options are based on the options at the time of Eligible Vehicle purchase. Options added after purchase of the vehicle are excluded from the NADA clean retail value calculation.
The redemption amount calculated shall then have deducted from it the refundable portions of Qualifying Dealership add-on products that were included with Your purchase of the Eligible Vehicle (including but not limited to extended warranties, GAP coverage and other Qualifying Dealership products).
Please have the Qualifying Dealership (from whom you are purchasing Your new General Motors vehicle) contact the Administrator at 1-888-778-9043, when You are Trading In at a Qualifying Dealership or have made a Sale of Your Eligible Vehicle and are now purchasing a new Chevrolet, Pontiac, Buick, GMC, Cadillac, Saturn or HUMMER motor vehicle from a Qualifying Dealership within 7 days after the close of that Sale . An estimated redemption calculation will be provided by the Administrator to You and that Qualifying Dealership. At that time, the Administrator will also explain what additional documentation will be required of the Qualifying Dealership and You. The estimate provided is just an estimate and is not binding upon the Administrator or ServicePlan, Inc.
Or You can also call the Administrator at 1-888-778-9043 to request a redemption form. You must report Your request for redemption within sixty (60) days (or sooner, if possible) of the Trade-In or the close of the Sale.
The Administrator will send the redemption form to You. The following required items, must be sent to the Administrator at PO Box 7691, St. Clair Shores, MI 48080 and be postmarked within ninety (90) days of Your Trade-In, or the close of Your Sale, or as soon as reasonably possible.
If this is a Sale, then You will also need to provide the Administrator with:
Dispute Resolution ? Arbitration: The Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning the Agreement. Under this Arbitration provision, You give up your right to resolve any dispute arising from the Agreement 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 (3) 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, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the loss 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 the Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all matters arising out of or relating to the Agreement and all transactions contemplated by the Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of the Agreement.
No arbitration shall be brought to recover under the Agreement prior to the expiration of sixty (60) days after a fully completed request for benefits form has been furnished to the Administrator in accordance with the requirements of this Agreement.
Not Transferable: You may not assign or transfer this Agreement at any time. The rights under this Agreement are not transferable to any subsequent purchaser or lessee or any other person or entity to whom the vehicle shown on the Schedule is conveyed by operation of law or otherwise; including, without limitation, through repossession, death, or as a gift.
Tax Implications: You may be subject to federal, state, or local tax on any Account Payment made. You will receive a Federal Government 1099, if the sum of all payments exceeds $600 (USD) during a given calendar year.
Throughout this Agreement, You and Your refer to the Accountholder. We, Us, and Our refer to cynoSure Financial, Inc. In addition, when in bold, certain words and phrases are defined as follows:
Account means:
Account Payment means Your regularly scheduled Account payment, indicated in the loan or lease documents, to the Creditor.
Accountholder means the top line signer listed on the retail installment or lease contract and is named above in the Schedule.
Administrator means cynoSure Financial, Inc. You may contact the Administrator if You have questions regarding this Agreement or would like to make a claim. The Administrator can be reached by phone at 1-888-778-9043, or mail at P. O. Box 7691, St. Clair Shores, MI 48080.
Agreement Period means the period starting on the Effective Date and continuing until the Expiration Date, or until Your Account is closed, or upon Your death. This Agreement ends on the Expiration Date shown on the Schedule.
Creditor means the financing source named as the lender or lessor on Your Account.
Eligible Vehicle means the new 2008 through and including 2010 model year General Motors motor vehicle that is purchased or leased from a GM Dealership located in the United States and this vehicle is shown in the Schedule. All Saab motor vehicles, all GM Medium Duty C5500 series and above, including W Series trucks, are not eligible and thus, are not an Eligible Vehicle.
Gainfully Employed means employed for wages, salary, or other monetary reward in an amount reported on a W-2. Gainfully Employed does not include self-employment income (1099 income), barter-for-trade compensation such as room and board or any other non-monetary payment.
General Motors (GM) Dealership means a motor vehicle dealership located in the United States that
Involuntary Unemployment and Involuntarily Unemployed mean unemployment due to economic reasons, including but not limited to, lockouts, individual and mass layoffs, or loss of income due to business failure or bankruptcy.
Unemployment Date means the date of Your actual termination from Your former employer.
To qualify You must satisfy each of the below requirements:
Provided You have qualified as specified in Section B above, We will pay You for each full calendar month of Your Involuntary Unemployment, the Account Payment due. For any Involuntary Unemployment period of less than thirty (30) days, We will pay You 1/30th of the Account Payment for each such day of covered Involuntary Unemployment during this less than thirty (30) day period.
If You have qualified as specified in Section B above, Your period of covered Involuntary Unemployment starts on the Unemployment Date and ends on the first of the following to occur:
The amount of Our payment is limited to the following:
This Agreement does not apply to and will not provide payment if:
Call the Administrator at 1-888-778-9043 to request a benefit form. You may also go to www.cynosurefinancial.com and down load the request for benefits form.
You must report the claim within sixty (60) days of Your Unemployment Date or as soon as reasonably possible.
The Administrator will send the request for benefit form to You. The following required items, must be sent to the Administrator at P. O. Box 7691 St. Clair Shores, MI 48080 and be postmarked within ninety (90) days of Your Unemployment Date or as soon as reasonably possible.
Neither Creditor's Nor Any Other Third Parties Have Any Rights Under This Agreement: Account Payments made to a Creditor or a third party on Your behalf, are intended solely for Your benefit. This Agreement shall not be construed to create, or give rise to, any rights against Us for any Creditor or third party.
Default: If it is discovered by Us subsequent to Our making any Account Payments that You were not entitled under the terms of this Agreement to have received an Account Payment(s) (or a portion thereof), then the Administrator shall be entitled to recover from You the amount of the Account Payment paid to which You were not entitled.
Dispute Resolution ? Arbitration: The Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning the Agreement. Under this Arbitration provision, You give up your right to resolve any dispute arising from the Agreement 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 (3) 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, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the loss 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 the Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all matters arising out of or relating to the Agreement and all transactions contemplated by the Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of the Agreement.
No arbitration shall be brought to recover under the Agreement prior to the expiration of sixty (60) days after a fully completed request for benefit form has been furnished to the Administrator in accordance with the requirements of this Agreement.
Misrepresentation and Fraud: This Agreement may be cancelled if You conceal or misrepresent any material fact or circumstance concerning Your Involuntary Unemployment or Your period of Involuntary Unemployment.
Not Transferable: You may not assign or transfer this Agreement at any time. The rights under this Agreement are not transferable to any subsequent purchaser or lessee or any other person or entity to whom the vehicle shown on the Schedule is conveyed by operation of law or otherwise; including, without limitation, through repossession, death, or as a gift.
Tax Implications: You may be subject to federal, state, or local tax on any Account Payment made. You will receive a Federal Government 1099, if the sum of all payments exceeds $600 (USD) during a given calendar year.
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