Throughout this Plan, the word (1) "Plan" means this Limited Lifetime Warranty Plan; (2) "Merchandise" means the merchandise identified on Your sales receipt as covered by the Plan; (3) "Purchase Price" means the purchase price of the Merchandise as shown on Your sales receipt, excluding sales tax; (4) "We," "Us," and "Our" means Patrick Adair Designs, 229 Harris Ave S, Salt Lake City, Utah 84115, the party obligated to provide services to You under the Plan; (5) "You" and "Your" means (a) the original customer who purchased the Merchandise covered by this Plan OR (b) the original receiver of the Merchandise, in the case of a gift; and (6) "Retailer" means Patrick Adair Designs, the retailer from which you purchased the Merchandise and this Plan.

YOUR OBLIGATIONS:

You must (1) retain the original paid receipt for this Plan as proof of purchase of the Plan and for identification of the Merchandise and (2) perform all maintenance required to keep the Merchandise in usable and wearable condition, and as provided by any instructions, warranties, or guarantees applicable to the Merchandise.

WHAT IS COVERED:

This Plan covers: (1) Repair or replacement of the Merchandise if it fails due to a defect in materials or workmanship; and (2) if the Merchandise is a ring, ring sizing up to 1.5 sizes up, provided that the design and materials of the Merchandise permit such sizing increase or decrease and that the Merchandise (a) is not a Custom order and (b) does not contain any of the following precious metals

1. Solid Meteorite
2. Solid Opal
3. Solid Gold

Please note any Glowstone rings containing meteorite pieces/shavings, opal pieces, gold leaf/foil/shavings are eligible for a ring sizing as long as they are NOT custom.

All repairs/size exchanges shall be completed by Us. We may make repairs with non-original manufacturer’s parts of like kind and quality. Due to the design or materials, some Merchandise may not allow for repair or ring sizing; however, that Merchandise may be eligible for a one-time replacement as outlined in the MERCHANDISE REPLACEMENT section below.

LIST OF DEFECTS COVERED

The following is a full list of defects that are covered under the Limited Lifetime Warranty. In order to make a claim for defective Merchandise, You must contact Us within the first 365 days of receiving Your Merchandise.

1. Liner separating from outside band
2. Cracks or chips on material
3. Defective Glow on Glowstone products

All repairs/size exchanges shall be completed by Us. We may make repairs with non-original manufacturer’s parts of like kind and quality. Due to the design or materials, some Merchandise may not allow for repair or ring sizing; however, that Merchandise may be eligible for a one-time replacement as outlined in the MERCHANDISE REPLACEMENT section below.

WHAT IS NOT COVERED: This Plan does not cover:

1. Special, indirect, incidental or consequential damages, no matter the cause;

2. Loss of use during the period that the Merchandise is being repaired or awaiting parts or replacement;

3. Damage resulting from failure to perform required maintenance to keep the Merchandise in a usable and wearable condition or as provided by any instructions, warranties, or guarantees;

4. Loss, theft, mysterious disappearance or damage resulting from loss, theft, or mysterious disappearance;

5. Misuse or abuse;

6. Unauthorized repairs or alterations made by You (meaning any modifications, alterations, repairs, or service by anyone other than Us or a repair center authorized by Us);

7. Loss or damage due to the elements or acts of God;

8. Damage covered under any insurance policy, or other warranties or service plans applicable to the Merchandise;

9. Insignificant cosmetic damage that does not impede the functionality of the Merchandise;

10. Engraving or personalization

11. Ring resizing if the ring is a custom order.

12. Ring resizing if the ring contains solid meteorite, solid opal, solid gold, solid platinum.

13. Service when no problem is found; and

14. Service to re-build or replace solely for the purpose of improving the Merchandise.

     

LIMITATION OF LIABILITY:

Our total liability under this Plan is: (1) replacement of the Merchandise or merchandise credit equivalent to the Purchase Price as outlined in the MERCHANDISE REPLACEMENT section below or (2) the total number of all authorized repairs or services up to 1. In the event that We have met either of the above conditions (1) or (2) of the total liability, We will have fulfilled all obligations owed to You under this Plan and this Plan will terminate. Once our total liability is satisfied, You are responsible for any additional expenses for repairs or replacement not covered under the Plan. We will not be liable for any cost incurred by having repairs done by another individual that is not associated with Patrick Adair Designs. If you choose not to send it back to us for repairs or replacement, you are solely liable for any costs incurred.

NO DEDUCTIBLE:

You are not required to pay any deductible under the Plan.

MERCHANDISE REPLACEMENT:

If We cannot complete covered repairs for any reason, We reserve the option to replace the Merchandise with similar merchandise or a merchandise credit equivalent to the Purchase Price, at Our discretion. Any replacement merchandise we provide You under the Plan will be new merchandise with equal or similar features and functionality, but not necessary the same item as the replaced Merchandise. If We replace the Merchandise or provide a merchandise credit, You must return the Merchandise to Us and such Merchandise shall become Our property. This Plan does not cover any deluxe or image engraving or personalization or other custom work on the replaced merchandise, which You may have re-done at Your expense.

Replacement merchandise is not covered under this Plan; however, You have the option to purchase a new Plan on the replacement merchandise.

IF THE MERCHANDISE REQUIRES SERVICE:

To obtain service under the Plan, You must present the Merchandise and the original paid receipt for the Plan to the Retailer’s Email Address support@patrickadairdesigns.com

In all cases, You must give us the Merchandise to be serviced. We are the only ones that are authorized to service your Merchandise under this plan and the plan will be voided if you take it to someone other than us. To find our location to send us your Merchandise. visit www.patrickadairdesigns.com

TERM:

The term of this Plan shall commence on the date your order is place and as printed on Your sales receipt and shall continue for Your lifetime or until Our liability under this Plan has been satisfied, whichever is the first to occur.This Plan shall automatically terminate upon Our replacement of the Merchandise or if You use the Merchandise as a trade-in or trade-up; however, You may have the option to purchase a new Plan on the replacement or new merchandise.

CANCELLATION BY US:

We may not cancel the Plan except for non-payment, fraud or material misrepresentation by You. If we cancel this Plan, We will send You a notice of cancellation at least thirty (30) days prior to cancellation. Such notice will specify the reason and effective date of the cancellation.

FULL FAITH AND CREDIT:

Our obligations under this Plan are backed only by Our full faith and credit and are not guaranteed under a service contract reimbursement insurance policy unless otherwise provided by any applicable state variation set forth in this Plan. THIS PLAN IS NOT AN INSURANCE CONTRACT.

TRANSFER LIMITATIONS:

This Plan may not be transferred and is only for Your benefit. All holders of this Plan are subject to the terms and conditions contained herein.

ARBITRATION AGREEMENT:

For the purpose of this arbitration agreement ("A.A.") only, references to "We" and "Us" also include Our parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors, and assigns.

Most of Your concerns about this Plan can be addressed by contacting Us via email at support@patrickadairdesigns.com. In the event We cannot resolve any dispute with You, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION OR THROUGH SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO BRING OR PARTICIPATE IN, IN ANY CAPACITY, CLASS ACTIONS, CLASS ARBITRATIONS OR OTHER REPRESENTATIVE PROCEEDINGS.

This A.A. shall survive termination of the Plan and shall be governed by the Federal Arbitration Act. This A.A. shall be interpreted broadly, and includes any dispute You have with Us that arises out of or relates in any way to the Plan or the relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this A.A. does not preclude You from bringing an individual action in small claims court or informing any federal, state or local agencies or entities of your dispute. They may be able to seek relief on Your behalf.

To initiate arbitration, send a written Notice of Claim describing the dispute and the relief sought to: Patrick Adair Designs, 229 Harris Ave S, Salt Lake City, Utah 84115 by certified mail. If We do not resolve the dispute within thirty (30) days of Our receipt of the Notice, You may start an arbitration with the American Arbitration Association ("AAA"), which will be administered in accordance with the Consumer Arbitration Rules ("Rules"). You can contact the AAA and obtain a free copy of the Rules and instructions on how to initiate arbitration at www.adr.com or at 1-800-778-7879.

The arbitrator is bound by the terms of this A.A, and shall decide all issues, except issues relating to enforceability of this A.A., which may be decided by a court. The arbitration will be conducted by submitting documents to the arbitrator, unless You request an in person or telephonic hearing and the arbitrator decides that a hearing is necessary or a hearing is required by the Rules. Unless otherwise agreed, any hearing will take place in the county or parish of your mailing address. We will pay all filing, administration and arbitrator fees for any arbitration, unless Your dispute is found by the arbitrator to have been filed for the purpose of harassment or is patently frivolous. In that case, the Rules will govern payment of such fees.

The arbitrator shall issue a decision including a statement of facts and supporting law. If the arbitrator finds in Your favor and issues a damages award that is greater than the value of the last settlement We offered or if We made no settlement offer and the arbitrator awards You any damages, we will pay You the amount of any damage award and pay the attorneys’ fees and expenses You reasonably incurred in the arbitration, if any. While that right to fees and expenses is in addition to any right You may have under applicable law, You may not recover duplicate awards of fees and expenses.

If you seek declaratory or injunctive relief, that relief can be awarded only to the extent necessary to provide you relief. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. Unless You and We agree otherwise, the arbitrator may not consolidate Your dispute with any other person’s dispute and may not preside over any form of representative proceeding. If this provision is found to be unenforceable, then the entirety of this A.A. shall be null and void.

ENTIRE AGREEMENT:

This document, and to the extent referenced in this document, Your sales receipt, contain the entire agreement between the parties with respect to the Plan and no representation, promise, or condition not contained herein shall modify the terms of the Plan.

STATE VARIATIONS:

If You reside in one of the following states, the state specific variation shall supersede and control if inconsistent with any other terms and conditions of the Plan.

Alabama - No claim incurred or paid will be deducted from the amount to be refunded to You in the event of cancellation of this Plan.

Arizona - Under WHAT IS NOT COVERED, preexisting conditions is deleted and replaced with the following: Any and all pre-existing conditions that occur prior to the effective date of this Plan, except if such conditions were known or should reasonably have been known by Us or Our subcontractors. The following is added to CANCELLATION: No claim incurred or paid will be deducted from any cancellation refund regardless of who initiates the cancellation. We will not cancel or void this Plan due to acts or omissions of Us for failure to provide correct information or to perform the services or repairs provided in a timely, competent, workmanlike manner, preexisting conditions that were known or should have reasonably been known by Us. The Arbitration Agreement of this Plan does not preclude You from contacting the Consumer Protection Division of the Arizona Department of Insurance and Financial Institutions.

California - In home service is not provided, and We will not pay the costs of transporting the Merchandise to any of Our store locations for service. We are not responsible for preventative maintenance. You may cancel this Plan within sixty (60) days of receipt of the Plan, and You will receive a full refund if You have not made a claim. If You have made a claim or cancel after sixty (60) days of receipt of the Plan, You will receive a pro rata refund (for cancellation purposes, based on a five (5) year duration).

Connecticut - You may cancel this Plan if You return the Merchandise or the Merchandise is sold, lost, stolen or destroyed, subject to the terms and conditions related to refunds set forth in this Plan. In the event that You have attempted but are unable to resolve a dispute with Signet Service Plans, Inc., You may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs.The written complaint must contain a description of the unresolved dispute, the purchase price of the Merchandise, the cost of repair of the Merchandise and a copy of the Plan. Our obligations under this Plan are insured under a service contract reimbursement policy issued by Zale Indemnity Company. Should We fail to provide, or reimburse or pay for, any claim covered under this Plan within sixty (60) days of filing such a claim, or if We become insolvent or otherwise financially impaired, You are entitled to make a direct claim against the insurer by submitting Your claim in writing to Zale Indemnity Company, 9797 Rombauer Road, Dallas, Texas 75019, 972-580-4000.

Florida – In the event the Plan is canceled by You, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium less any claims that have been paid or less the cost of repairs made on Your behalf. In the event the Plan is canceled by Us, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium less any claims that have been paid or less the cost of repairs made on Your behalf. The purchase price of this Plan is not subject to regulation by the Florida Office of Insurance Regulation of the Financial Services Commission.

Georgia - If We cancel, the form of such cancellation will comply with 32-24-44 of the Georgia Code. You may cancel at any time upon demand. We will refund the excess of the Plan purchase price above the customary short rate for the expired term of the Plan. This Plan is guaranteed by a surety bond issued by Western Surety Company, 101 S. Philips Ave., Sioux Falls, SD, 57104-6735, (605)-336-0850. If a claim for service or a refund under the Plan is not honored by us within sixty (60) days after You have claim to us in accordance with the terms and conditions of the Plan, You may make such claim directly with Western Surety Company. As stated in the Arbitration Agreement of this Plan, either party may bring an individual action in small claims court. The Arbitration Agreement provision does not preclude you from bringing issues to the attention of federal, state, or local agencies or entities of your dispute. Such agencies or entities may be able to seek relief on Your behalf. You and We agree to waive the right to a trial by jury and waive the right to participate in class actions and class arbitrations or other similar proceedings. Nothing contained in the Arbitration Agreement provision of this Plan shall affect Your right to file a direct claim under the terms of this Plan against Western Surety Company pursuant to O.C.G.A. 33-7-6.

Maine - The following State Specific Requirement IS ADDED TO AND BECOMES PART OF YOUR SERVICE PLAN and supersedes any other provision to the contrary: The following is added to Your Service Plan: You may, within twenty (20) calendar days of mailing of the Service Plan, or ten (10) days if delivered at time of sale, reject and return this Service Plan. Upon return of the Service Plan within the applicable time period, if no claims have been made, You will be refunded the full Service Plan Price including any sales tax refund. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after the return of the Service Plan. This provision applies only to the original purchaser. The CANCELLATION provision is amended by deleting the following statement in its entirety: Prior notice of cancellation is not necessary if canceled due to nonpayment of the Service Plan Price or material misrepresentation. Claims will not be backed by a reimbursement policy.

Nevada - This contract is not renewable. If We or You cancel, no costs of services will be deducted from Your pro rata refund. If You are not satisfied with the manner in which We are handling the claim on the Plan, You may contact the Division of Insurance toll-free at (888) 872-3234.

New Hampshire – In the event You do not receive satisfaction under this Plan, You may contact the New Hampshire Insurance Department by mail at State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, New Hampshire, 03301 or by telephone, via consumer assistance at 1-800-852-3416. The Arbitration Agreement provision of this Plan is subject to Revised Statues Annotated 542.

New Mexico - Final Plan price to be determined prior to presentation to consumer for signature.

North Carolina - Purchase of this Plan is not required to purchase or finance the jewelry covered by this Plan.

Oklahoma - Oklahoma service warranty statutes do not apply to commercial use references in service warranty contracts. Coverage offered by this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. In the event You cancel this Plan, return of the premium shall be based upon 90% of the unearned pro rata premium less the actual cost of any service provided under the Plan. THIS IS NOT AN INSURANCE CONTRACT.

Oregon - If You do not receive satisfaction under this Plan, You may contact the Oregon Insurance Division, Consumer Advocacy Unit, at 350 Winter Street NE, Salem, Oregon 97301 or by phone at 1-888-877-4894. Merchandise, as used in this Plan, is defined as the jewelry that has been purchased and is covered by this Plan. The Arbitration Agreement provision of this Plan is replaced with the following: "For the purpose of this Arbitration Agreement, refences to "We" and "Us" also include Our parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns. Most of Your concerns about the Plan can be addressed by simply contacting Us at 800-311-5393. In the event we cannot resolve any dispute, You and We may, in a separate agreement, consent to arbitration. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER SIMILAR PROCEEDING. Any arbitration proceedings shall be conducted within the state of Oregon."

South Carolina - In the event of a dispute with the provider of this Plan, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Suite 1000, Columbia, South Carolina 29202-3105, 1-800-768-3467.

Texas - If You purchased this Plan in Texas, unresolved complaints concerning Us or questions concerning the regulation of a service contract provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number 512-463-6599 or 800-803-9202.

Virginia - If any promise made in this Plan has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at: www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint. All other terms and conditions of the PLAN are unchanged.

Wisconsin - THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Our obligations under this Plan are insured under a service contract reimbursement insurance policy issued by Zale Indemnity Company. Should We fail to provide, or reimburse or pay for, any claim covered under this Plan within sixty (60) days of filing such a claim, or if We become insolvent or otherwise financially impaired, You are entitled to make a direct claim against the insurer by submitting Your claim in writing to Zale Indemnity Company, 9797 Rombauer Road, Dallas, Texas 75019, (972) 580-4000. The second and third sentences of the second paragraph of the Arbitration Agreement provision of this Plan are replaced with the following: (1) TO RESOLVE DISPUTES, YOU MAY CHOOSE EITHER BINDING ARBITRATION, PURSUANT TO THE ARBITRATION AGREEMENT PROVISION OF THIS PLAN, OR SMALL CLAIMS COURT. BY AGREEING TO THIS CONTRACT, YOU AND WE WAIVE THE RIGHT TO HAVE DISPUTES RESOLVED THROUGH COURTS OF GENERAL JURISDICTION, THE RIGHT TO TRIAL BY JURY, AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS OR OTHER SIMILAR PROCEEDINGS; and (2) the phrase "and is governed by the Federal Arbitration Act," in the first sentence of the third paragraph of the Arbitration Agreement provision of this Plan is deleted in its entirety.

Wyoming - The Arbitration Agreement provision in this Plan is replaced with the following: "If there are disputes between You and Us that are not resolved by negotiations, You and We may in a separate written agreement voluntarily consent to arbitration. Any arbitration proceedings shall be conducted within the state of Wyoming." For the purpose of this Arbitration Agreement, references to "We" and "Us" include Our parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns and the Retailer from which you purchased this Plan.

CONSENT TO ELECTRONIC COMMUNICATIONS

Introduction

This information establishes your consent to communicate with us electronically. Please read this information carefully and retain a copy for your records. The words we, us, and our mean Patrick Adair Designs, LLC. The word you means the individual purchasing Merchandise that comes with the LIMITED LIFETIME WARRANTY PLAN. The word Disclosures means the communications set forth in the Scope of Consent paragraph below.

Consent to Receipt of Electronic Disclosures

By indicating your agreement, you indicate that you are able to receive our Disclosures electronically and that you consent to receiving them electronically. Such Disclosures shall be considered to be in writing and in a form you can keep for the purposes of state and federal law. Furthermore, any method that you use to indicate your assent during the purchase process shall be consider an electronic signature.

Scope of Consent