Throughout this Plan, the word (1) "Plan" means this Premium Protection 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) Two total Repairs or replacements of the Merchandise if it fails (a) as a result of normal wear and tear during normal usage under the conditions for which it was designed or (b) due to a defect in materials or workmanship; (2) if the Merchandise is a ring, ring sizing up to 1.5 sizes up or down, provided that the design and materials of the Merchandise permit such sizing increase or decrease. If the Merchandise cannot be sized, then a replacement will be provided up to two total times; and (3) Loss, theft, mysterious disappearance or damage resulting from loss, theft, or mysterious disappearance;

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

2. Misuse or abuse;

3. 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);

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

5. Service when no problem is found; and

6. 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) 2 total replacements 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 2. 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 Us. 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 Merchandies. 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:

Cancellation by You. You may cancel this Plan for any reason at any time by contacting us at support@patrickadairdesigns.com. If You request cancellation within thirty (30) days of the original purchase date of this Plan, You shall receive a full refund of the purchase price of the Plan, less the value of any Plan services You received. If You request cancellation of this Plan more than thirty (30) days after the original purchase date of this Plan, then You will receive a pro-rated refund of the purchase price of this Plan (based on the assumed duration of the Plan, solely for cancellation purposes, of five (5) years), less the value of any Plan services You received. A ten percent (10%) penalty per thirty (30) day period shall be added to any cancellation refund not paid or credited to You by Us within thirty (30) days after the date of cancellation.

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.

PLEASE NOTE

If you have purchased the Premium Protection Plan for a product that is currently not sold/unavailable on our website and are trying to make a Protection Plan claim (an exchange, repair, replacement is needed) we will NOT be able to provide you a new ring in the same design if it has been made unavailable in most circumstances. You will reserve the right to an exchange for a product on our website of equal or lesser value. If the product you choose to exchange it for is of lesser value than the original product you received, you will receive store credit in the form of a gift card for the difference. You will NOT be entitled to a refund.

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.

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 PREMIUM PROTECTION 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

Your consent applies to the receipt of all legal and/or regulatory disclosures associated with purchasing the OPTIONAL PREMIUM PROTECTION PLAN with us, along with the Terms and Conditions of our Premium Protection Plan.

Hardware and Software Requirements

To access, view, and retain Disclosures that we provide you, you must have:

• A connection to the Internet.

• A current version of an Internet browser which supports HTML and SSL encryption.

• Your browser settings must have cookies and java script enabled.

• A means to print or store notices and information through your browser software.

• The hardware and software necessary to operate the items above.