Frontier Care Club Terms & Conditions

Please read this document carefully and keep it for reference. These terms and conditions constitute the entire agreement ("Agreement") between you and the "Provider", pertaining to the Frontier Care Club Plan(s) that you have purchased. The laws of the state of Tennessee govern interpretation of this Agreement. The Provider may change the terms of, or add new terms to, the Plan and this Agreement at any time in accordance with applicable law. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION (INCLUDING A CLASS ACTION ARBITRATION WAIVER). It is important that you read the Arbitration section carefully.

What is Covered:

You are entitled to have an authorized Service Contractor visit your residence once during each Nine-month or Annual Term to perform the normal maintenance services specified below.

The Plan covers one dehumidifier with one filter change located at the service. If the identified service address has more than one dehumidifier units, a separate filter must be purchased for each individual unit. An Annual Term of this Agreement means the initial twelve month term of this Agreement commencing on the Effective Date of this Agreement and any successive twelvemonth renewal term under this Agreement. The "Effective Date" of this Agreement.

In order to be covered by the Plan, your dehumidifier unit must: (a) be installed to meet local, state, and federal codes; (b) satisfy manufacturer requirements for safe and proper operation; and (c) be readily accessible to the Service Contractor. Coverage is for owned or rented residential-use property. If your service address is a rental property, you represent that you are authorized to perform the specified services to the covered equipment. Provider may refuse to provide service or deny enrollment under the Plan if eligibility requirements are not met. If dehumidifier is not a Sedona dehumidifier installed by Frontier, homeowner must provide a filter from that dehumidifier manufacturer.

Customer authorize use of text, email and phone calls to contact in scheduling your service as well as all marketing efforts. For additional services customer must contact Provider to schedule each service through an authorized Service Contractor, as stated below under "How to Make a Service Call."

What is Not Covered:

The Provider will not be responsible for performing any services not specifically listed above in "What is Covered." Provider will not provide any replacement parts. There will be an additional charge if needed. Repairs, updates, or additional testing that is identified by the Service Contractor in the course of performing specified maintenance services are not covered by the Plan and you will need to arrange for these separately. This plan does not cover GENERATOR maintenance or service of any kind. This plan does not cover changing the filter of the Aspen air purifier. This plan does not extend the warranty on any of the systems installed. Recommendations by technician are simply recommendations and not to be used against Frontier for any repairs not found during initial inspection of the property. Customer is financially responsible for repairs of any nature, including those recommended by technician except those covered by "Warranty".

How to Make a Service Call:

Please follow the process described below to obtain coverage under the Plan. Provider will not reimburse you for any fees or costs of service except under this process. Provider will not reimburse you for work performed by a person not specifically assigned by Provider, or for services performed without Provider's authorization. Unauthorized repairs may void this Agreement.

You must call (931)358-0090 to schedule a service appointment. All service calls will occur during regular working hours (8:00am-5:00pm, Monday through Friday).

All services will be performed by an authorized technician Certified by Provider. Provider has the sole and absolute right to (i) select the Service technician to perform the service and (ii) determine the rates and other pricing terms.

You must provide the Service Contractor with safe and reasonable access to all Covered Products, and related systems and lines. The Service Contractor will submit its fees for authorized Plan services directly to Provider and you will not be required to pay the Service Contractor for authorized Plan services.

You must be current on all payments in order to be covered under this Agreement.

Term of Coverage, Automatic Renewal, and Cancellation:

This Agreement is for a term of twelve (12) months starting on the Effective Date This Agreement will automatically renew on the anniversary of the Effective Date for additional twelve-month Annual Term(s) thereafter on the same terms and conditions as contained in this Agreement, unless cancelled as provided below. Unless this Agreement is canceled before the automatic renewal, the Provider will charge the payment method on file for the subsequent twelve (12) month term on the anniversary of the Effective Date. You may cancel this Agreement at any time as described below by notifying Provider at the phone number indicated on the Declarations Page. To cancel the automatic renewal of this Agreement, notify the Provider of the cancellation in writing at least fourteen (14) days prior to the anniversary of the Effective Date. Provider may cancel this Agreement at any time for misrepresentation or nonpayment by you; for violation of any of the terms and conditions of this Agreement; if required to do so by any regulatory authority; or if the Provider, for its convenience and in its sole discretion, makes a commercial decision to generally discontinue the Plan or to discontinue your specific participation in the Plan. If either you or Provider cancels this Agreement more than 30 days from the Agreement Effective Date, and you have not had service performed the Plan will terminate effective immediately without requirement for any additional payment by you. If either you or Provider cancels this Agreement more than 30 days from the Agreement Effective Date and you have had service performed during the then-current Annual Term, you will be invoiced for unpaid months through the remainder of the current Annual Term. If you move to a new service address, this Agreement will be deemed cancelled by you.

Price/Billing:

The amount of your monthly charge is $15.00 per month. In addition to your monthly charge, you may be billed for applicable taxes or surcharges associated with your state of residence. The initial charges will be submitted for billing up to five (5) business days after the Agreement's Effective Date. Each subsequent monthly charge will be submitted for billing on or about the same day of the month as your initial charge was submitted. The charge for this Agreement on your bill or credit card shall serve as the invoice for the service. On notice to you, Provider may change the means in which you are invoiced and billed for your services.

Limit of Liability:

TO THE FULLEST EXTENT ALLOWED BY LAW, PROVIDER, ITS PARENT AND AFFILIATES, AND THE SERVICE CONTRACTOR SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. TO THE FULLEST EXTENT ALLOWED BY LAW, THE LIABILITY OF PROVIDER, ITS PARENT AND AFFILIATES, AND THE SERVICE CONTRACTOR SHALL BE LIMITED TO THREE TIMES THE AMOUNT PAID UNDER THE PLAN(S) BY YOU DURING THE PREVIOUS TWELVE MONTHS. PROVIDER IS NOT RESPONSIBLE FOR ANY SERVICES PERFORMED BY THE SERVICE CONTRACTOR OUTSIDE OF THE SCOPE OF THE PLAN OR JOB DUTIES. PROVIDER AND ITS AFFILIATES ARE NOT THE MANUFACTURER OF THE PRODUCTS OR SYSTEMS COVERED UNDER THIS AGREEMENT AND THEREFORE THIS AGREEMENT IS NOT AN EXPRESS OR IMPLIED WARRANTY, GUARANTEE, OR PROMISE RELATING TO THE MATERIALS, WORKMANSHIP OR PERFORMANCE OF THE PRODUCTS OR SYSTEMS COVERED BY THE PLAN(S).

1. 1. Contractor may have provided various warranties related to the Work. Unless otherwise stated herein, all such warranties commence to run upon Completion and payment in full of the Work. Contractor shall have no obligation to furnish any labor, materials or services under any warranty until all sums owed by Customer have been paid in full. In order to make a claim under a warranty, Customer must submit a written warranty claim to Contractor within the warranty period, identifying the claimed defect, and time is of the essence with respect to the making of claims. When Contractor is timely notified of a defect, Contractor (at its option) will repair, replace or pay the reasonable cost of repair or replacement for defects. If Contractor elects to pay Customer the reasonable cost to repair or replace any warranted item, the warranty on that item is at that point terminated. Actions taken by Contractor to remedy warranty issues will not extend the warranty period. In the event that a manufacturer has discontinued a material, product or finish originally installed in the property, or in the event the material, product or finish is otherwise unavailable, Contractor shall not be obligated to provide an exact match. In such event, Contractor shall have the right to substitute materials of similar pattern, design and quality, at Contractor's sole discretion. THE EXPRESS WARRANTIES FURNISHED BY CONTRACTOR ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL WARRANTIES IMPLIED BY TENNESSEE LAW ARE WAIVED. all actions FOR BREACH OF ANY WARRANTY must be brought within ONE YEAR OF CUSTOMER'S DISCOVERY OF THE DEFECT THAT IS ALLEGED TO BE A BREACH OF THE WARRANTY. all other actions encompassed by T.c.a. 28-3-201, et. seq., must be brought within one year after substantial completion of the WORK. "Substantial Completion" or "Substantially Completed" means the earliest of the following: (a) the issuance of a certificate of occupancy (or similar governmental certification); (b) the date that Customer commences use of the Work; or (c) substantial completion as defined by T.C.A. 28-3-201, et seq.
2. 2. Contractor is not responsible for (a) damage to personal property located inside Customer's building; (b) damage to furniture, vehicles, moveable plants, breakable items or other property located on or around the building; (c) damage to septic tanks, lawns, landscaping, sprinkler systems, underground tanks, or underground wiring located on the property; (d) surface, subsurface, geological, soil or rock conditions on the property; (e) rock excavation or the filling of sinkholes; (f) unforeseen or unknown conditions; (g) damage to person or property caused by any chemicals, smells, odors or airborne materials released by or emanating from any products furnished by, or Work performed by, Contractor or its subcontractors or suppliers; and (h) mold, spores or fungus, or damage to person or property (including loss of use) caused by mold, spores or fungus. Owner agrees to keep the area on which the Work is performed dry and report any leaks to Contractor within twenty-four hours of discovery.
3. 3. Customer agrees that Contractor's maximum liability for the aggregate of all claims related to this Agreement, the Work and all warranties, shall be limited to the lesser of (a) the amount of money actually paid to Contractor by Customer for the work performed under this Agreement or (b) $5,000. Customer waives any claims for defects in Contractor's work, or any breaches of this Agreement, unless Customer provides Contractor with written notice of such defect or breach, and an opportunity to cure. Because rectifying water intrusion and odor issues can often be a process of "trial and error", Customer acknowledges that it may be necessary for Contractor to install additional products and/or parts (e.g., radon evacuation fans) to rectify various issues. Customer consents to Contractor curing such issues through these alternative measures.
4. 4. Customer represents and warrants that he/she/they is/are the sole person(s) with any interest in the property improved under this Agreement. In the event a non-signatory to this Agreement attempts to assert a claim against Contractor arising from the Work that would in any way be barred or limited if the claimant were a signatory to this Agreement, Customer agrees to defend, indemnify and hold Contractor harmless from any such claim.
5. 5. This Agreement shall be interpreted and construed in accordance with the laws of the State of Tennessee. In the event a dispute arises related to the Work or this Agreement, Contractor shall be entitled to recover its costs, expenses and attorneys' fees from Customer. This Agreement is severable such that the invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of the remaining provisions. This Agreement contains the entire of the parties and may not be amended or modified except by an instrument in writing executed by all parties. Contractor shall not be liable to Customer for any consequential, incidental, punitive or special damages, or for any lost profits. Customer waives all rights against Contractor for recovery of damages to the extent the damages are covered by insurance and waives the right to subrogation.
6. 6. The parties waive the right to a trial by jury in any dispute arising from or related to this Agreement, the Work or any warranty. The parties agree that the state courts of Montgomery County, Tennessee shall be the exclusive forum for lawsuits arising from or related to this Agreement, with the exception of those suits which are required by Tennessee law to be filed in the county in which the affected real property is located. THIS WARRANTY DOES NOT COVER, AND THE CONTRACTOR SPECIFICALLY DISCLAIMS LIABILITY FOR WATER OR MOLD DAMAGE TO FLOOR COVERINGS,FURNITURE, STORED ITEMS, FINISHED WALLS AND OTHER OBJECTS INSIDE THE FOUNDATION. Contractor will not be responsible for any damages caused by development, water damage, growth or airborne contamination of mold, bacteria, fungi, radon, allergens, yeast, wet or dry rot, rust, lead or any environmental illnesses to include but not be limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. Homeowner agrees to keep area dry and report all other obligations on contractor's part. There are no other warranties verbal or written.

Exclusions from this Warranty -

This Warranty does not cover and Contractor specifically disclaims liability for: 1) system damage caused by Customer's negligence, misuse, abuse or alteration; 2)dust incidental to installation; 3)damage to personal property of any type; 5) private line or utility line breakage if Utility Insurance is not itemized on the agreement; 6) damage caused by mold; 6) failure or delay in performance or damage caused by acts of God (flood, fire, storm, methane gas, radon, odor, changes to field conditions after installation, etc.), acts of civil or military authority, or any other cause outside its control; 7)damage done during a lifting operation. 8) Frontier recommends a properly dedicated electrical outlet for all electrical devices to be install at homeowners expense, unless otherwise specified within this contract. Customer is responsible for making full payment to the crew leader upon completion of the work.