NFM Smart Home/Pro Service Plan
TERMS OF SERVICE

  1. The Plan. These Terms and Conditions of this service agreement (“Terms and Conditions”) govern and describe the electronics design installation support service (the “Service”) we will provide you under the Smart Home/Pro Service Plan (the “Plan”). References to “you”, “your” and “Customer” are references to the person who purchased the Plan as indicated on a Sales Order issued by NFM. References to “we”, “our”, “us” and “NFM” are referring to Nebraska Furniture Mart, Inc., a Nebraska corporation.
  2. When Your Plan Begins and Ends. Your Plan begins on the date you purchase this Plan and shall end upon one year thereafter (the “Service Period”). NFM will notify you thirty (30) days prior to the end of the term and provide you with the option to renew for an additional one (1) year period. You may pay for your Plan in one payment. For more information on how your Plan may be cancelled or renewed, please refer to Section 6, below.
  3. Services.
    1. Services Covered. The Plan provides technical support service(s), as further detailed in Exhibit A attached hereto and incorporated herein by this reference, for any Qualifying Product(s). For the purposes of these Terms and Conditions, Qualifying Product(s) are those electronic product(s) which (1) Customer purchased from NFM, and (2) Customer had installed by NFM, both of which would be reflected on a Sales Order issued by NFM. The Plan only covers electronic product(s) included in the original packaging of the product for which Customer initiated coverage under the Plan.
    2. Services Not Covered. Some matters are outside of the scope of Services offered under the Plan. Please refer to Exhibit A attached hereto for more information on the Services provided under the Plan.
    3. How To Obtain Service. You may obtain Service by purchasing the Plan at the time you purchase your Qualifying Product(s) from an NFM retail store.
    4. Limitations of Service. NFM shall not be liable for any failure or delay in performance due to any cause beyond its control. NFM reserves the right, in its sole discretion, to determine whether any requested service falls within the scope of services provided under this Agreement. To the extent that NFM determines services fall outside the scope of this Agreement, NFM will make a good faith effort to make a recommendation and provide the costs associated with the requested service.
    5. Manufacturer’s Warranty. The Plan provides Customer with benefits which supplement the manufacturer’s warranty of the product. Parts and coverage available under the manufacturer’s warranty are not covered by the Plan offered by NFM.
  4. Your Responsibilities. To receive Service under the Plan, you agree to comply with each of the terms listed herein. If Service requires access to your home, you agree to the following:
    1. An individual 18 years or older must be present at the time of Service;
    2. Provide a safe working environment and clear access to the Qualifying Product (s) for NFM staff to perform the Service;
    3. Prior to arrival, please restrain all pets for both their safety and the safety of our staff.
  5. Payment. The annual fee for the Plan is due upon enrollment.
  6. Cancellation; Renewal.
    1. Cancellation within 30 Days. You may cancel this Plan and obtain a refund in the amount you paid for the Plan if the cancellation occurs within 30 days of the date of purchase of the Plan. At our discretion, we may deduct from any refund the value of services already provided.
    2. Cancellation after 30 Days. If you cancel the Plan more than 30 days from the date of purchase, no refund will be due.
    3. Cancellation or Suspension of Service by Us. We may cancel this Plan for convenience and discontinue providing service at any time upon written notice to you and issue you a pro-rata refund for any prepaid amounts. We may also cancel this Plan immediately or suspend service without notice, at our discretion, if you fail to make a payment when due or we are unable to process a credit or debit card charge or while any such charge is pending if your account is past due.
    4. Renewals based on Plan Type. At our discretion, we may offer you a renewal of your Plan or a new service contract. If NFM offers Customer a renewal option, it will be presented at least thirty (30) days prior to the end of the Service Period. Any renewal or new service contract that we offer may contain different pricing, coverage and benefits as compared to your original Plan.
    5. Expiration. NFM is not responsible for providing you with notice of the expiration of the Plan. Therefore, you may not receive any communication from us prior to your Plan expiring unless we offer you a renewal of this Plan or a new service contract.
  7. Privacy Policy. It is NFM's policy to respect the privacy of its customers. For information on our privacy practices, please review our privacy policy at https://www.nfm.com/privacy-policy/.
  8. Disclaimer of Warranties. Except as otherwise expressly provided herein, the service is provided on an "as is" and "as available" basis. We make no warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service. Your use of the service and any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer/system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
  9. Indemnification. You agree to indemnify, defend and hold harmless NFM (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses (including but not limited to cost of defense, settlement, and reasonable attorneys' fees) of whatever type or nature, including but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by NFM by reason of, or arising from: (a) your breach of this Agreement; (b) your actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) your actual or alleged failure to promptly pay sums due NFM or third parties; (d) your failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of you or your agents.
  10. Limitations of Liability. To the maximum extent permitted by applicable law and except as expressly provided herein, NFM shall not be liable under any legal theory for any (a) loss of use, data, business, revenue, profit, goodwill, or reputation, or any (b) special, indirect, consequential, exemplary, or incidental damages, however caused, arising out of or relating to the subject matter of these terms and conditions, regardless of whether NFM was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. In no event shall NFM's liability to the customer or any third party under these terms and conditions exceed the total amount paid by you to NFM for the services in the twelve-month period preceding the claim.
  11. Jurisdiction and Venue. These Terms shall be governed by and construed in accordance with the laws of the State where the NFM store from which you purchased the Services is located, excluding its conflict of law provisions. If any provision(s) within these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed as nearly as possible to reflect the intentions of the parties with the other provisions remaining in full force and effect. If any provision(s) of these Terms and Conditions is/are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
  12. Entire Agreement. These Terms and Conditions and your Sales Order and any ancillary documents provided by NFM constitute the entire agreement between you and us with respect to the Services provided to you under your Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. NFM may modify or amend these Terms and Conditions from time to time on nfm.com.
  13. Miscellaneous.
    1. Assignment. You may not assign or transfer the Plan, nor any rights or obligations under these Terms and Conditions, to a third party. NFM may assign these Terms and Conditions or any of its rights and obligations under the Plan at any time without notice to you.
    2. No Waiver. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default.
    3. Survival. All provisions reasonably expected to survive termination of these Terms and Conditions should survive, including, but not limited to, Sections 4 (Your Responsibilities), 7 (Privacy Policy), 9 (Indemnification), 10 (Limitations of Liability), and 11 (Jurisdiction and Venue).