Optional Pagoda One Year Replacement Plan

The SSP Extended Service Agreement (Plan) provides a one-time replacement in event that, during normal use, your jewelry purchase fails due to a manufacturing defect during the first calendar year after the purchase of your jewelry.

This Plan is subject to the following terms and conditions:

• This Plan only covers product failure due to a manufacturing defect that occurs during normal use and does not extend to damage due to causes beyond our control, including, without limitation, any unauthorized alterations made by you to the covered merchandise, abuse or acts of God. Loss for any reason, including but not limited to theft, is not covered under this plan. If you purchase this Plan after you purchase the covered merchandise, this Plan does not cover preexisting conditions in the covered merchandise that occurred after you purchased such merchandise and prior to the effective date of this Plan.

• This Plan does not cover any costs, expenses or damages not specifically set forth herein, including indirect or consequential damages.

  THIS PLAN IS ONLY VALID IF COVERED MERCHANDISE’S ORIGINAL RECEIPT IS ATTACHED TO THIS PLAN. ONLY THE PRODUCT IDENTIFIED ON THE RECEIPT AND IN THIS PLAN IS SUBJECT TO THIS PLAN. You must retain both this Plan and a paid receipt as proof of purchase. This Plan, including the terms and conditions contained herein, and the paid receipt constitute the entire agreement between you and us.

• This Plan covers replacements only, not repairs. There is no deductible. If the same item is not available as replacement, you may select an item of equal or lesser value and/or a gift card in an amount equal to the purchase price of the covered merchandise identified in this Plan.

• This Plan terminates upon the provision replacement merchandise or a gift card, as provided above. This Plan cannot be renewed.

• You may cancel this Plan for any reason at any time. If you request cancellation within thirty (30) days of the original purchase date of this Plan (as shown on your paid receipt) and no services have been provided to you under this Plan, then the Plan is void and you will receive a full refund of purchase price of this Plan. If you request cancellation of this Plan more than thirty (30) days after the original purchase date of the Plan or after you have received services under this Plan, then you will receive a prorated refund of the purchase price of this Plan (for cancellation purposes, based on a five (5) year duration), less the value of any Plan services received.

  A 10% penalty per month shall be added to any refund not paid by us within thirty (30) days of such cancellation.

• We may only cancel this Plan in the event of non-payment, fraud or material misrepresentation by you. In that case, you will receive a notice of cancellation at least thirty (30) days before cancellation. Such notice will specify the reason and effective date of the cancellation. If we cancel this Plan, you will receive a prorated refund of the purchase price of this Plan (for cancellation purposes, based on a 5 year duration), less the value of any services you received under this Plan.

• Obligations of SSP under this Plan are backed only by SSP’s 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 herein. This Plan may be transferred, but all holders of this Plan are subject to the terms and conditions contained herein. THIS IS NOT AN INSURANCE CONTRACT.

WHAT TO DO IF COVERED MERCHANDISE REQUIRES SERVICE: Present the covered merchandise and the original Plan to any Piercing Pagoda location then in service. For assistance finding a Piercing Pagoda location where you can present the covered merchandise and Plan, please call 1-800-866-9700 or visit www.Pagoda.com.

The provider under this Plan is Signet Service Plans, Inc., 375 Ghent Road, Akron, OH 44333, 330-668-5000, and is referred to throughout this document as “SSP”, “we” or “us.” The original customer who purchased the merchandise or original receiver of the merchandise, in the case of a gift, covered by this Plan is referred to as “you” or “your.”

Consent to Electronic Communications

Introduction
This document establishes your consent to communicate with us electronically. Please read this document carefully and retain a copy for your records. The words we, us, and our mean Zale Delaware, Inc. d/b/a Piercing Pagoda and Signet Service Plans Inc. The word you means the individual purchasing the OPTIONAL PAGODA ONE YEAR REPLACEMENT 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 PAGODA ONE YEAR REPLACEMENT PLAN with us, along with the Terms and Conditions of our Extended Service Agreement.

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.

Paper Copies
Upon request, we will provide you with paper copies of the Disclosures. You may make such a request by calling us at 1-800-866-9700. There is no charge for paper copies.

Withdrawing Consent
You may withdraw your consent by discontinuing the online purchase process at any time before you checkout. However, if your consent is withdrawn, you cannot purchase the OPTIONAL plan online. You may also purchase in person at any Piercing Pagoda store.

Updating Your Contact Information
If any contact information you provide us changes, please call us at 1-800-866-9700 so that we may update our records.

Federal Law
Your consent is being provided in connection with a transaction affecting interstate commerce and is subject to the federal Electronic Signatures in Global and National Commerce Act. The Act shall apply to the fullest extent possible in order to validate our ability to conduct business with you electronically.

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

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 covered merchandise or the covered 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 covered merchandise, the cost of repair of the covered merchandise and a copy of the Plan. 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, 901 W. Walnut Hill Lane, Irving, Texas, 75038, 800-999-7829.

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. 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

Maine – The following State Specific Requirement IS ADDED TO AND BECOMES PART OF YOUR SERVICE PLAN and supersede any other provision to the contrary: The following is added to Your Service Plan: You may, within 20 calendar days of mailing of the Service Plan, or 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 10% penalty per month shall be added to a refund that is not paid or credited within 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 – If we or you cancel, no costs of services will be deducted from your pro rata refund.

New Hampshire – In the event you do not receive satisfaction under this contract, 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.

New Mexico – Final contract 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. Item, as used in this Plan, is defined as the jewelry that has been purchased and is covered by this Plan.

South Carolina – In the event of a dispute with the provider of this contract, 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 the contract has been denied or has not been honored within 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 AGREEMENT 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, 901 W. Walnut Hill Lane, Irving, Texas, 75038, 800-999-7829.