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Please review the warranty coverage selections prior to submitting your registration. Once the Owner selects a type of extended limited warranty (e.g., the parts-only Extended Limited Warranty or the parts and labor Extended Limited Warranty), the Owner will not have the right to change the selected coverage.

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By submitting your information, you expressly consent to the collection and processing of your personal information for the purpose of obtaining your feedback, including the sharing of your information with third parties that administer those reviews. Lennox’s current Privacy Policy found at: https://www.lennox.com/privacy. Lennox disclaims any liability resulting from the public disclosure of any such information by a third-party not under Lennox’s control.

LII Arbitration Provision

DISPUTE RESOLUTION

NOTE - PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR
RIGHTS AND THE RESOLUTION OF DISPUTES

Some jurisdictions do not allow mandatory arbitration pro- visions or class action waivers. In such jurisdictions, the following dispute resolution provisions do not apply. The Owner may have other rights that may vary by jurisdiction.

INDIVIDUAL ARBITRATION NOTICE: BY PURCHASING EQUIPMENT OR MAKING A CLAIM UNDER THIS BASIC LIMITED WARRANTY, THE OWNER IS AGREEING THAT ALL DISPUTES BETWEEN THE OWNER AND LENNOX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AS MORE FULLY OUTLINED BELOW.

1 - Contact Lennox: Please report any Dispute (defined in items 1 and 2 on page 5) to:

Lennox Industries Inc.
ATTN: Consumer Affairs
P.O. Box 799900
Dallas, TX 75379-9900

2 - Mandatory Arbitration: Both the Owner and Lennox agree that all Disputes must be resolved exclusively through final and binding arbitration, and not by a court or jury; however, the Owner or Lennox may assert claims in small claims court if (i) the claims qualify for small claims court, (ii) the matter remains in small claims court, and (iii) the matter proceeds only on an individual (not a class or representative) basis.

Both the Owner and Lennox waive the right to a trial by jury and any right to have a Dispute heard in court. Instead, all Disputes must be resolved in arbitration by a neutral third- party arbitrator. In arbitration, Disputes are resolved by an arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. However, the arbitrator must follow the law and can award the same damages as in court, including monetary damages, injunctive relief, declaratory relief, and other relief. The arbitrator’s award can be confirmed in any court of competent jurisdiction.

A single arbitrator, with the American Arbitration Association (“AAA”), will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of the Owner’s residence or other mutually agreed location. For claims of $50,000 or less, the AAA’s Supplementary Procedures for consumer- related Disputes will apply. For claims over $50,000, the AAA’s Commercial Arbitration Rules will apply. If either set of rules is not available, the AAA rules applicable to consumer Disputes apply. The AAA’s rules and a form initiating arbitration proceedings are available at www.adr.org or by calling 1-800-778-7879.

This arbitration provision is subject to the Federal Arbitration Act (“FAA”), which governs its interpretation and enforcement. To the extent the FAA does not apply to any Dispute, the laws of the State of Texas, without regard to principles of conflicts of law, will apply. The arbitrator will decide all issues of interpretation and application of this Dispute Resolution section, the arbitration provision, and this Basic Limited Warranty, with the exception of deciding whether the Arbitration Class Action Waiver in Paragraph 2a is valid or enforceable. Except as expressly stated in Paragraph 2a, a court will resolve any question regarding the validity or enforceability of Paragraph 2a. This Dispute Resolution section will survive termination of this Basic Limited Warranty. The requirement to arbitrate shall be broadly interpreted.

a - Arbitration Class Action Waiver (for all states other than California): The Owner and Lennox agree that arbitration will proceed solely on an individual basis and no Dispute will be arbitrated as a class action, consolidated with the claims of any other party, or arbitrated on a consolidated, representative, or private attorney general basis. Unless the Owner and Lennox agree otherwise in writing, the arbitrator’s authority to resolve and make awards is limited to Disputes between the Owner and Lennox. The arbitrator’s award or decision will not affect issues or claims involved in any proceeding between Lennox and any person or entity who is not a party to the arbitration. The arbitrator may award monetary, declaratory, or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s award, if any, will not apply to any person or entity that is not a party to the arbitration.

A court, not the arbitrator, will decide any questions regarding the enforceability of this Paragraph 2a. If a court deems any portion of this Paragraph 2a invalid or unenforceable, the entire arbitration provision in Paragraph 2 (other than this sentence) will be null and void and not apply. For the avoidance of doubt, in no event shall an arbitration occur on a class action or collective basis.

Arbitration Class Action Waiver (for California): The Owner and Lennox agree that arbitration will proceed solely on an individual basis and no Dispute will be arbitrated as a class action, consolidated with the claims of any other party, or arbitrated on a consolidated, representative, or private attorney general basis; provided, however, that the Owner shall be permitted to seek and obtain public injunctive relief in arbitration. Unless the Owner and Lennox agree otherwise in writing, the arbitrator’s authority to resolve and make monetary damage awards is limited to Disputes between the Owner and Lennox. The arbitrator may award monetary relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s monetary award, if any, will not apply to any person or entity that is not a party to the arbitration. A court, not the arbitrator, will decide any questions or disputes regarding the enforceability of this Arbitration Class Action Waiver other than a dispute over whether this Arbitration Class Action Waiver is enforceable under McGill v. Citibank, N.A., 2 Cal 5th 945 (2017) and related case law (that question shall be determined by an arbitrator). If a court deems any portion of this Arbitration Class Action Waiver invalid or unenforceable, the entire arbitration provision (other than this sentence) will be null and void and not apply. If an arbitrator deciding the McGill issue finds that this Arbitration Class Action Waiver is unenforceable, then the entire arbitration provision (other than this sentence and the preceding sentence) shall be null and void. For the avoidance of doubt, in no event shall an arbitration occur on a class action or collective basis.

b - Agency Proceedings: This arbitration agreement does not preclude the Owner from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Lennox on the Owner’s behalf.

c - Fees and Costs: If the Owner’s total damage claims in an arbitration are $25,000 or less, not including the Owner’s attorney fees (“Small Arbitration Claim”), the arbitrator may, if the Owner prevails, award the Owner’s reasonable attorney fees, expert fees, and costs (separate from Arbitration Costs as defined below), but may not grant Lennox its attorney fees, expert fees, or costs (separate from Arbitration Costs) unless the arbitrator determines that the Owner’s claim was frivolous or brought in bad faith. In a Small Arbitration Claim case, Lennox will pay all arbitration filing, administrative, and arbitrator costs (together, “Arbitration Costs”). The Owner must submit any request for payment of Arbitration Costs to the AAA at the same time the Owner submits its Demand for Arbitration. However, if the Owner wants Lennox to advance the Arbitration Costs for a Small Arbitration Claim before filing, Lennox will do so at the Owner’s written request which must be sent to Lennox at the address in paragraph 1. In a Small Arbitration Claim case, Lennox agrees that the Owner may choose to have the arbitration carried out based only on documents submitted to the arbitrator or by a telephonic hearing unless the arbitrator requires an in-person hearing. If the Owner’s total damage claim in an arbitration exceeds $25,000, not including the Owner’s attorney fees (“Large Arbitration Claim”), the arbitrator may award the prevailing party its reasonable attorneys’ fees and costs, or it may apportion attorneys’ fees and costs between the Owner and Lennox (such fees and costs being separate from Arbitration Costs). In a Large Arbitration Claim case, if the Owner is able to demonstrate that the Arbitration Costs will be prohibitive as compared to the costs of litigation, Lennox will pay as much of the Arbitration Costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

d - Mass Arbitration (for residents outside of California only): A “Mass Arbitration” shall be defined as any one of the following: (i) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 30 or more Small Arbitration Claims and/or Large Arbitration Claims within a thirty-day period; (ii) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 50 or more Small Arbitration Claims and/or Large Arbitration Claims within a sixty-day period; (iii) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 30 or more persons who file a Small Arbitration Claim and/or Large Arbitration Claim within a thirty-day period; or (iv) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 50 or more persons who file a Small Arbitration Claim and/ or Large Arbitration Claim within a sixty-day period. In the event of a Mass Arbitration, notwithstanding anything to the contrary in subpart (c) above, Lennox shall (i) not be required to advance or pay Arbitration Costs for any arbitration and (ii) may be awarded its reasonable attorney fees, expert fees, and costs if it prevails (without having to show that the Owner’s claim was frivolous or in bad faith). The immediately preceding sentence shall apply only to only those arbitrations that are filed once the definition of Mass Arbitration is met. Thus, by way of example, if the same law firm files 35 Small Arbitration Claims within a thirty-day period, the first 29 Small Arbitration Claims shall be governed by subpart 2(c) and the last six Small Arbitration Claims (i.e., arbitration numbers 30 through 35) shall be governed by this subpart 2(d). Once a law firm or lawyer is deemed part of a Mass Arbitration, all Small Arbitration Claims and Large Arbitration claims he/she/it files, assists in filing, or causes to be filed shall be governed by this subpart (d) unless and until the law firm or lawyer does not file, assists in filing, or causes to be filed any Small Arbitration Claims or Large Arbitration Claims for a period of one year.

e - OPT OUT: BOTH AN ORIGINAL AND SUBSEQUENT OWNER MAY OPT OUT OF ARBITRATION PROVIDING WRITTEN NOTICE (“THE OPT-OUT NOTICE”) TO LENNOX that is post-marked no later than 30 calendar days after the Owner’s purchase of the equipment (in the case of the original owner) or purchase of the premises at which the equipment was originally installed (in the case of a subsequent owner). The Opt-Out Notice must be mailed to Lennox at:

Lennox Industries Inc.
ATTN: Consumer Affairs
P.O. Box 799900
Dallas, TX 75379-9900

The Opt–Out Notice must state (i) the Owner’s name and address, and that the Owner opts out of arbitration, (ii) the date that the Owner purchased the equipment (if the original owner) or the premises where the equipment was originally installed (in the case of a subsequent owner), (iii) the equipment’s model name and number, (iv) the equipment serial number (which can be found on the unit nameplate), and (v) that the Owner elects to opt out of arbitration. The Owner must sign the Opt-Out Notice personally and not through another person or entity, and the Opt-Out Notice will apply only to the person or entity that signs it. Neither the Owner nor any other person or entity can opt out of arbitration on behalf of anyone else. Providing a timely Opt- Out Notice is the only way to opt out of arbitration. Opting out of arbitration will not affect this Basic Limited Warranty, and the Owner will continue to enjoy the benefits of this Basic Limited Warranty if the Owner opts out of arbitration. Any Opt-Out Notice received after the opt out deadline will not be valid.

3 - Non-Arbitration Class Action and Jury Waiver: If for any reason any Dispute proceeds in court rather than arbitration, the Owner and Lennox waive any right to a jury trial, and the Dispute will proceed solely on an individual, non-class, non-representative basis. Neither the Owner nor Lennox may be a class representative or class member or otherwise participate in any class, consolidated, private attorney general, or representative proceeding; provided, however, that in California an individual can seek and obtain public injunctive relief.

4 - Severability: If any provision of this Basic Limited Warranty shall be held by an arbitrator or a court of competent jurisdiction to be illegal, invalid, or unenforceable, the parties intend for that provision to be amended and construed in a manner designed to effectuate the purposes of that provision to the fullest extent permitted by law. If a provision cannot be so amended or construed, it will be severed, and the remaining provisions shall remain unimpaired, valid, and in full force and effect to the fullest extent permitted by law and shall be interpreted so as to best reasonably effect the intent of the parties. To the extent there is a conflict between this severability clause and the severability clause in paragraph 2(a), the clause in paragraph 2(a) shall govern. For the avoidance of doubt, the severability clause shall not be used in a manner that permits the Owner to bring a class or collective action.

DEFINITIONS

In addition to the terms defined above, the following definitions will apply to this Basic Limited Warranty:

1 - The terms “Dispute” and “Disputes” will be broadly interpreted to include any claims, disagreements, or controversies that the Owner and Lennox had, have, or may have against each other, whether based in contract or tort or on a statute or regulation or any other legal theory, including, without limitation, all claims, disagreements, or controversies related in any way to or arising in any way out of:

a - the Equipment and components covered by this Basic Limited Warranty;
b - any other Lennox equipment, component, or service;
c - any Lennox advertising, representation, or marketing;
d - any contract, warranty, or other agreement the Owner had or has with Lennox;
e - any Lennox billing or other policy or practice;
f - any action or inaction by any Lennox officer, director, employee, agent, or other representative relating to any Lennox equipment, component, marketing, representation, or service;
g - any claims the Owner brings against a third party (such as a distributor, dealer, or repair service) that are based on, relate to, or in any way arise out of any Lennox equipment, component, marketing, representation, or service;
h - any claims Lennox brings against the Owner; and
i - any aspect of the relationship between the Owner and Lennox.

2 - “Dispute” and “Disputes” includes claims, disagreements, or controversies that arose at any time, including before this Basic Limited Warranty became operative and after this Basic Limited Warranty is terminated.

3 - “Lennox” refers to Lennox International Inc., and Lennox Industries Inc., as well as their parents, affiliated companies, related companies, subsidiaries, divisions, departments, business units, representatives, predecessors in interest, successors, and assigns.

4 - “Basic Limited Warranty” refers to this document.

5 - “Owner” refers to (i) the person or entity that originally purchased the Equipment from a Lennox dealer or other licensed professional HVAC contractor; and (ii) during the Warranty Period, the owner(s) and subsequent owner(s) of the premises where the Equipment is originally installed.

LII Terms of Use

END USER LICENSE AGREEMENT

This End User License Agreement (this “EULA”) is a binding contract between Lennox International Inc. (“Lennox”) and you governing your use of the Warranty Your Way (the “Program”) mobile application (the “Application”). The Application is licensed, not sold, to you solely for use in accordance with the terms of this EULA. By installing or using the Application, you accept this EULA and agree to its terms and conditions. In the event of any conflict between this EULA and other agreements governing your use of the Application, the terms of this EULA will control.

IMPORTANT: IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CHECK THE “I AGREE TO THE LII ARBITRATION PROVISION, LII TERMS OF USE, AND LII PRIVACY POLICY” BOX ON THE PREVIOUS PAGE.

1. License and Restrictions

The Application is only licensed to you under the terms of this EULA. Subject to your continued compliance with this EULA, Lennox grants you a non-exclusive, non-transferable, non-sublicensable, revocable, personal and limited license to access and use the Application solely for its intended purpose in accordance with any documentation accompanying the Application. The Application is a proprietary asset of Lennox and Lennox reserves all rights in the Application. The Application may include software and other products provided by third parties. You acknowledge that these third parties may have a proprietary interest in the Application and the Application may contain third party materials and your use of the Application is subject to the applicable third party terms and conditions.

You may not use the Application, interfaces, or the related intellectual property for any purpose other than for the Program. You may not (i) copy, decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify or create derivative works of the Application, (ii) distribute, make available, rent, lease, lend, sell, or sublicense the Application or otherwise exploit any of the Application or make the Application available to a third party, (iii) conceal or remove any title, trademark, copyright, proprietary or restricted rights notice contained in the Application, (iv) disable, tamper or circumvent any of the security mechanisms provided with or embedded in the Application, or (v) send to Lennox or any of its affiliates, or cause to be sent to Lennox or any of its affiliates, any software, viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You acknowledge and agree that your rights under this EULA do not include rights to source code. In your exercise of the rights granted under this EULA, you agree not to take any action that would result in any requirement to disclose or make available to other parties the Application in source code format.

Lennox may update or replace the Application and related documentation from time to time without notice to you. Lennox has no duty to maintain the Application. Lennox reserves the right to terminate this license at any time in its sole discretion.

2. User information

As part of registering for the Program, you may be asked to provide certain personal information including, but not limited to, your name, e-mail address, phone number, and mailing address (and together with any other personal information you voluntarily provide, collectively, “Personal Information”).

In addition to the Personal Information you provide, Lennox and its subsidiaries, affiliates, and agents may collect and use diagnostic, technical, and other usage information related to your use of the Application (“Non-Personal Information”). Non-Personal Information collected may include, without limitation, device information such as IP address, device ID, operating system, browser, and geo-location for any device you use to access the Application, and usage information such as clicks, interactions, pages or screens viewed, requests made, and features used.

You agree that Lennox and its subsidiaries, affiliates and agents may collect, maintain, process, use and share such Personal Information and Non-Personal Information for their business purposes and to improve the functionality of the Application and the Program, as further described in, and in accordance with, the Lennox Privacy Statement available at
https://www.lennox.com/privacy.

3. Feedback

You hereby grant to Lennox an exclusive, royalty-free, fully paid-up worldwide, transferable, sublicensable, irrevocable, and perpetual license to any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to the Application or the Program, to copy, distribute, reproduce, display, modify, transmit, use and create derivative works of any of the foregoing in connection with Lennox’s performance under this EULA or otherwise in connection with Lennox’s or its affiliates’ business purposes.

4. Term and Termination

This EULA commences on the earlier of the date that you accept the terms of this EULA or otherwise use the Application, and continues until terminated by either party hereto. You may terminate this EULA if you discontinue all use of the Application and permanently delete all copies of the Application in your possession or control. Lennox may terminate this EULA for convenience with or without notice to you. Additionally, this EULA will automatically terminate if you breach any material term of this EULA or otherwise materially breach this EULA.

5. DISCLAIMERS

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT FULL FUNCTIONALITY OF THE APPLICATION REQUIRES AN ACTIVE INTERNET CONNECTION AND THAT LENNOX DOES NOT AND CANNOT GUARANTEE INTERNET AVAILABILITY. AS HOME INTERNET CONNECTIONS CAN BE INHERENTLY SUBJECT TO INTERFERENCE, YOU ACKNOWLEDGE AND AGREE THAT LENNOX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF YOUR INTERNET CONNECTION OR THE APPLICATION.

6. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LENNOX BE LIABLE FOR PERSONAL INJURY (INCLUDING DEATH AND DAMAGE, LOSS OR DESTRUCTION TO PROPERTY), OR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE DAMAGES WERE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS WITH THE APPLICATION IS TO DISCONTINUE USE OF THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LENNOX, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (EACH, A “LENNOX INDEMNITEE”) AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, AWARDS, PENALTIES, INTEREST, FINES, COSTS, FEES OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, PROFESSIONAL FEES, THE COST OF ENFORCING ANY RIGHT TO INDEMNIFICATION HEREUNDER AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, RESULTING FROM ANY CLAIM, DEMAND, SUIT, ACTION, ALLEGATION, OR ANY OTHER PROCEEDING THAT ARISES OUT OF OR RELATES TO YOUR BREACH OF THIS EULA, YOUR USE OF THE APPLICATION IN AN UNAUTHORIZED MANNER INFRINGING, VIOLATING OR MISAPPROPRIATING ANY THIRD PARTY RIGHTS, OR OTHER VIOLATION OR NONCOMPLIANCE WITH ANY APPLICABLE LAW.

8. Export Control

You agree that you will not use, export or re-export the Application except as authorized by United States law.

9. Relationship of Parties

The parties hereto are independent contractors. This EULA does not create a joint venture or partnership between the parties; no party is by virtue of this EULA authorized as an agent, employee or representative of the other party.

10. Governing Law and Severability

This EULA is exclusively governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles, and not including the United Nations Convention on Contracts for the International Sale of Goods. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.

11. Complete Agreement and Amendments

This EULA constitutes the entire agreement between you and Lennox relating to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. Lennox may amend this EULA from time to time by posting an amended version at www.Lennox.com. Your continued use of the Application after an amended version of this EULA has been posted constitutes acceptance of such amendment. Lennox may assign this agreement without notice or your consent.

Dealer Terms and Conditions

PART THIRTEEN CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE REVIEW PART THIRTEEN CAREFULLY.

DEALER TERMS AND CONDITIONS
(Available in the US and CANADA only. Void where prohibited.)

This agreement (this “Agreement”) is between the independent dealer who clicks the “Accept” box (“You” or “Dealer”) and Lennox Industries Inc. (or if You are located in Canada, Lennox Industries (Canada) ULC) (as applicable, “LENNOX”). This Agreement governs Dealer’s sale of Lennox Equipment for use in a Residential Application (as defined below).

PART ONE - DEFINITIONS

Equipment

“ESA Eligible Equipment” – the WYW Eligible Equipment plus certain Non-WYW LENNOX HVAC Products (and certain Non-WYW Third Party HVAC Products when purchased as a system with the foregoing) that Service Net is authorized to market, offer, and sell ESA coverage under WYW, when used in a Residential Application. The current ESA Eligible Equipment can be obtained from the following link: https://LennoxPros.com/WarrantyYourWayESA.

“Lennox Equipment” – collectively the WYW Eligible Equipment, ESA Eligible Equipment (excluding Non-WYW Third Party HVAC Products), and Non-WYW LENNOX HVAC Products.

“Non-WYW LENNOX HVAC Products” – the LENNOX-branded HVAC equipment and accessories that do not qualify for WYW participation and are subject to the terms and conditions of any basic limited warranty and any extended limited warranty that may apply. Non-WYW LENNOX HVAC Products may be used in a Residential Application or a non-Residential Application.

“Non-WYW Third Party HVAC Products” – HVAC equipment and accessories that are manufactured and branded by a third party not affiliated with LENNOX. LENNOX IS IN NO WAY RESPONSIBLE OR LIABLE FOR ANY NON-WYW THIRD PARTY HVAC PRODUCTS.

“WYW Eligible Equipment” – the LENNOX-branded HVAC equipment and accessories that is eligible to participate under WYW when used in a Residential Application. The current WYW Eligible Equipment can be obtained from the following link: https://www.lennox.com/warrantyyourway.

Warranties

“Basic Limited Warranty” – the warranty coverage that comes at no additional cost with WYW Eligible Equipment (i.e., currently 5 years parts-only for Merit® and Elite® equipment and 10 years parts-only for Dave Lennox Signature® Collection equipment, both when used in a Residential Application).

“Extended Limited Warranty” – the default Extended Limited Warranty under WYW, which provides parts-only coverage at no additional cost on WYW Eligible Equipment for a period of time beyond the Basic Limited Warranty (i.e., currently an additional 5 years parts-only for Merit and Elite equipment and an additional 2 years parts-only for Dave Lennox Signature Collection equipment, both when used in a Residential Application), subject to any registration requirements that may apply.

“Lennox Limited Warranty” – collectively the Basic Limited Warranty and the Extended Limited Warranty or, if selected in lieu of the default Extended Limited Warranty, the WYW Extended Limited Liability.

“WYW Extended Limited Warranty” – the alternative extended limited warranty under WYW, which an End Customer has the opportunity to select in lieu of the default parts-only Extended Limited Warranty for WYW Eligible Equipment, subject to any terms, conditions, and registration requirements that may apply. The WYW Extended Limited Warranty provides for a shorter parts coverage period than the Extended Limited Warranty in exchange for a period of labor coverage at no additional charge (i.e., currently for Merit and Elite equipment, the Extended Limited Warranty provides 5 years parts coverage, while the WYW Extended Limited Warranty provides 2 years parts and 3 years labor (for a total with the Basic Limited Warranty of 7 years parts and 3 years labor), and for Dave Lennox Signature Collection equipment, the Extended Limited Warranty provides for 2 years parts coverage, while the WYW Extended Limited Warranty provides for 0 years parts and 3 years labor (for a total with the Basic Limited Warranty of 10 years parts and 3 years labor), both when used in a Residential Application), subject to any registration requirements that may apply.

Miscellaneous

“Covered Components” – the components covered by the parts coverage in any applicable Basic Limited Warranty, Extended Limited Warranty, or WYW Extended Limited Warranty.

“Customer Disclosure Form” – the form You are required to have an End Customer review before selling Lennox Equipment, which You can obtain the current version from the following link: www.LennoxPros.com/WarrantyYourWay.

“Dealer Services” – the services You provide to End Customers, including installation, maintenance, and repair.

“End Customer” – a customer who purchased Lennox Equipment from You that You installed in a Residential Application.

“ESA” – an extended service agreement offered by Service Net, You, or another third party that an End Customer has the option to purchase. An ESA is entirely distinct and different from a Basic Limited Warranty, Extended Limited Warranty, and WYW Extended Limited Warranty. An ESA is additional service coverage that an End Customer can purchase at their option.

“Laws” – all applicable local, state/provincial, and federal laws, rules, and regulations.

“Non-Registration Exempt End Customers” – End Customers purchasing outside of California, Quebec, or any other jurisdiction where registration requirements to effectuate warranties are prohibited.

“Registration Exempt End Customers” – End Customers purchasing in California, Quebec, or any other jurisdiction where registration requirements to effectuate warranties are prohibited.

“Residential Application” – a single- or multi-family dwelling, which includes homes, duplexes, apartments, and condominiums used primarily for personal, family, or household purposes.

“Registration Website” – the webpage(s) LENNOX maintains (currently, the following link: www.WarrantyYourWay.com) to permit You and End Customers to register Lennox Equipment and to select, if applicable, coverage under WYW and/or purchase an ESA.

“Service Net” – individually and collectively refers to Service Net Warranty, LLC, AIG Warranty Services of Florida, Inc., and any other affiliate of American International Group, Inc. through which ESAs will be made available.

“Warranty Your Way™/WYW” – the warranty and coverage offering that applies to WYW Eligible Equipment, as may be amended by LENNOX from time to time.

PART TWO - TERM

Term – The initial term of this Agreement commences as of the date You click the “Accept” box (the “Effective Date”) and continues through December 31 of that calendar year (the “Initial Term”). The term will automatically renew for successive 1 year periods from January 1 through December 31 of each calendar year (each, a “Renewal Term” and, collectively with the Initial Term, the “Term”). Either party may terminate this Agreement, without cause, on 30 days’ prior written notice to the other party.

Termination for Cause – Notwithstanding the foregoing, LENNOX may immediately and without prior notice terminate this Agreement for cause upon written notice to You. LENNOX can terminate “for cause” if You fail to satisfy any of the eligibility requirements of this Agreement, You violate any term of this Agreement, or Lennox has a good faith belief that You have violated or are about to violate any Laws.

Impact of Expiration or Termination – Your ability to market and sell Lennox Equipment for use in a Residential Application will terminate as of the effective date of termination of this Agreement.

PART THREE – REGISTRATION

WYW Eligible Equipment – WYW provides End Customers of WYW Eligible Equipment with the opportunity to select the type of extended limited warranty coverage they prefer (i.e., the default Extended Limited Warranty or the WYW Extended Limited Warranty), subject to any terms, conditions, and registration requirements that may apply:

Non-Registration Exempt End Customers of WYW Eligible Equipment – Non-Registration Exempt End Customers who purchase WYW Eligible Equipment are required to register to be covered by the Extended Limited Warranty or to select the alternative WYW Extended Limited Warranty. You (with Your End Customer’s consent and authority) or Your End Customer must register WYW Eligible Equipment within 60 days of the date of installation (existing homes) or closing date (new construction) to be “Covered Equipment” under the Extended Limited Warranty, to select the alternative WYW Extended Limited Warranty, and/or to purchase an ESA being sold via the Registration Site. WYW Eligible Equipment that is not properly registered is not eligible for Extended Limited Warranty or WYW Extended Limited Warranty coverage (but the Basic Limited Warranty shall apply regardless of registration).

Registration Exempt End Customers of WYW Eligible Equipment – Registration Exempt End Customers who purchase WYW Eligible Equipment are not required to register for Extended Limited Warranty, and such equipment is automatically deemed Covered Equipment covered by the Basic Limited Warranty and Extended Limited Warranty. Further, Registration Exempt End Customers are permitted to select the WYW Extended Limited Warranty in lieu of the Extended Limited Warranty option at no additional charge (and further opt to purchase an ESA being sold via the Registration Site at an additional charge), so long as such selection is made within 60 days of the date of installation (existing homes) or closing date (new construction).

Other Lennox Equipment – Non-Registration Exempt End Customers who purchase Lennox Equipment that does not qualify as WYW Eligible Equipment must register their equipment on the Registration Site within 60 days of the date of installation (existing homes) or closing date (new construction) for any applicable extended limited warranty to apply or to purchase any ESAs being sold via the Registration Site in connection with such equipment, to the extent such equipment qualifies as ESA Eligible Equipment. Registration Exempt End Customers who purchase Lennox Equipment that does not qualify as WYW Eligible Equipment do not need to register for any applicable basic limited warranty or extended limited warranty to apply or to purchase an ESA being sold via the Registration Site, to the extent such Lennox Equipment qualifies as ESA Eligible Equipment (but any purchase of an ESA via the Registration Site must be made within 60 days of the date of installation (existing homes) or closing date (new construction)).

Registering or Selecting Coverage – You can register equipment and/or select coverage at the Registration Site. For registration support, e-mail LENNOX at warranty@lennox.com or by calling LENNOX at 1-800-4-LENNOX.

Upon timely and proper completion of registration/selection and providing valid e-mail addresses during registration/selection, LENNOX will send both You and Your End Customer a Certificate of Coverage showing applicable limited parts and/or labor coverage to Your and Your End Customer’s valid e-mail addresses provided during registration/selection.

LENNOX HAS NO LIABILITY WHATSOEVER IF YOU FAIL TO (A) INFORM AN END CUSTOMER OF THE REGISTRATION/SELECTION REQUIREMENT; OR (B) SATISFY ANY CONDITION OF THIS PART THREE, AND, AS A RESULT, WYW ELIGIBLE EQUIPMENT DOES NOT BECOME COVERED EQUIPMENT.

PART FOUR – ELIGIBILITY

Eligibility Requirements – You must meet the following requirements throughout the Term:

Click the “Accept” box and comply with this Agreement’s terms and conditions.
Complete all mandated Lennox training.
Comply with all Laws.
Obtain and maintain insurance coverage customary in the industry and as otherwise required by all Laws.
PRIOR TO SELLING LENNOX EQUIPMENT TO ANY PERSON OR ENTITY FOR USE IN A RESIDENTIAL APPLICATION, PROVIDE EACH DISCLOSURE SET FORTH IN THE CUSTOMER DISCLOSURE FORM.
If an End Customer does not provide their consent to sharing personal data/information with third parties for sales and marketing purposes, notify Lennox within 2 days by completing the WYW Opt-Out List available at www.LennoxPros.com/WYWConsumerOptout.
If an End Customer purchases an ESA, clearly and conspicuously disclose to the End Customer prior to purchase: (a) that, if applicable, the Lennox Equipment comes with a Lennox Limited Warranty or other written limited warranty by Lennox at no charge subject to any terms, conditions, and registration requirements that may apply; (b) the cost of the ESA; and (c) a link to such ESA’s terms and conditions, including, without limitation, coverage and exclusions.
Prior to an End Customer purchasing Lennox Equipment for use in a Residential Application via third-party financing, itemize each product, service, and coverage that is being financed, including, without limitation, a separate itemization for any ESAs being purchased.
In the event You offer to sell Lennox Equipment for use in a Residential Application via third-party financing: (a) offer to sell the Lennox Equipment for cash; and (b) offer the same price for both a cash purchase and a credit purchase (excluding any interest or other financing charges).

PART FIVE – COVERAGE

Covered Parts (WYW Only) – If, during the applicable parts warranty period under the Basic Limited Warranty or applicable Extended Limited Warranty (i.e., the Extended Limited Warranty or WYW Extended Limited Warranty), a Covered Component in Covered Equipment fails and is covered by the terms and conditions of such warranty, LENNOX will provide a free replacement component. The End Customer will be responsible for all its obligations under the applicable warranty.

Covered Parts (Outside of WYW) - If, during the applicable parts warranty period, a part contained within covered equipment fails and is covered by the terms and conditions of such warranty, LENNOX will provide a free replacement component. The End Customer will be responsible for all of its obligations under the applicable warranty.

Covered Labor (WYW Only) – For a labor Claim to be covered under the WYW Extended Limited Warranty, the following conditions must be met: (a) the labor must have been performed by You on Covered Equipment with WYW Extended Limited Warranty coverage; (b) the labor must have been necessary to repair or replace a Covered Component in Covered Equipment that is necessitated by a mechanical breakdown (except in the case of a labor-only claim for refrigerant leak repairs, in which case the labor will be covered (but the refrigerant will not)); (c) the repair must have been properly performed and the repair time must not exceed the maximum labor repair hours set forth in the Repair Times Matrix found at www.LennoxPros.com/WarrantyYourWay; (d) the repair must have occurred during the 3 year labor coverage period; and (e) no exclusion contained within the applicable Lennox Limited Warranty applies. Your participation in WYW precludes you from obtaining any other labor coverage from LENNOX. Any attempt to obtain double reimbursement - i.e. reimbursement under multiple programs – may result in immediate termination of Your right to participate in WYW.

If the above terms are met, LENNOX will, directly or through Service Net or LENNOX-authorized third party, pay you (via check or secure ACH payment) the amount of 1 trip/diagnosis charge equal to $65 and reimburse Your labor at a basic rate of $85 per hour not to exceed the maximum repair hours set forth in the Repair Times Matrix. Reimbursement rates are in local currency and run with the Covered Equipment.¹

You cannot make a Claim for labor (both the trip/diagnosis charge and the hourly rate), and You will be fully liable for labor, if the labor occurred: (a) during the first 90 days following installation; or (b) within 30 days of completion of Dealer Services (60 days for leak searches and repairs) on the same part, even if LENNOX approves the underlying parts Claim. If You subsequently perform a repair within that 30/60 time period using a different part(s) on the same Covered Equipment, LENNOX will reimburse You at the hourly rate but not for the trip/diagnosis charge. Lennox shall be permitted to deny parts and/or labor coverage if any of the exclusions set forth in the Lennox Limited Warranty, or any other applicable warranty, applies.

Coverage Under ESAs – ESA terms and conditions, as well as exclusions, are set forth in the ESAs. YOU ACKNOWLEDGE AND AGREE THAT LENNOX IS NOT RESPONSIBLE OR LIABLE FOR ANY COVERAGE UNDER ANY ESA. YOU AGREE THAT ANY DISPUTE RELATING TO OR ARISING OUT OF ANY ESA ARE SOLELY BETWEEN THE PARTIES TO THE ESA.

PART SIX – PRICING AND MARKETING

Pricing – The Lennox Limited Warranty, or any other applicable basic limited warranty or extended limited warranty, comes at no additional cost (subject to any terms, conditions, and registration requirements that may apply), and You shall not charge for such coverage (except in the case of authorized overtime charges or after-hours service). If You purchase a higher reimbursement level than the WYW Extended Limited Warranty, You are not permitted to charge in connection with such higher reimbursement level.

Pricing for ESAs – Service Net or any LENNOX-authorized third party selling ESAs through the Registration Site is responsible for setting the price that You will be charged for ESAs, which will be displayed on the Registration Website. You must provide End Customers with the itemized cost for an ESA before purchase and must offer End Customers the right to purchase Lennox Equipment, including, in the case of WYW, ESA Eligible Equipment, without an ESA.

Marketing Materials – LENNOX may provide You with LENNOX-approved marketing materials (the “LENNOX-Approved Marketing Materials”) to market WYW. You must use only LENNOX-Approved Marketing Materials when you market, sell, and advertise WYW.

PART SEVEN – MAKING A CLAIM FOR COVERAGE

A claim for coverage under any applicable LENNOX warranty (each, a “Claim”) must satisfy each of the following requirements:

Be submitted by You through LennoxPros within 45 days of Covered Component failure.
Contain all the information reasonably requested by LENNOX to determine whether the applicable warranty and/or coverage applies.
If the return of the Covered Component is a condition to coverage, comply with the Lennox Warranty Return Policy. You can obtain the current version from the following link: https://www.lennoxpros.com/partner-resources/app/warranty-tools.
Not be subject to an exclusion.

If a Claim is not properly submitted, Lennox will reject the Claim and deny coverage. If You are improperly credited for a Claim, Lennox has the right to offset any future amounts it owes You in the amount of such improper credit.

PART EIGHT – DENIED LABOR CLAIMS.

If You maintain an accurate e-mail address on file with LENNOX, LENNOX will, either directly or through a LENNOX-authorized third party, send e-mail updates to You on the status of any submitted Claims for Covered Labor under a WYW Extended Warranty. With respect to each Claim, such e-mail will provide whether the Claim has been approved (either full or partial) or denied.

You must dispute any partial approval or denial within 30 days of the date LENNOX sent You notice of a partial approval or denial by contacting LENNOX (either by e-mailing at warranty@lennox.com or calling at 1-800-4-LENNOX). If at any time during the claims process LENNOX or an authorized third party requests additional information to demonstrate the validity of the Claim, You must provide that information in writing within 20 days of the request. Lennox has the right to deny any Claim for which You fail to provide adequate, complete, and timely information.

PART NINE - DEALER REPRESENTATIONS AND WARRANTIES

As of the Effective Date and throughout the Term, You represent and warrant that:

You are qualified to sell and service Lennox Equipment and perform the Dealer Services and maintain all required authorizations from governmental agencies or other authorities.
You are in compliance with all Laws, along with all current Lennox guidelines and policies.
The Dealer Services will be performed in a good and workmanlike manner and shall be free from defects in labor and workmanship for the longer period of (a) for installations, 90 days from the date of installation; (b) for all other service, 30 days of completion of the Dealer Services (60 days for leak searches/repairs); or (c) as required by Law. During such period, You will not charge End Customers any amounts for labor.
In no event will You charge End Customers any amount for Covered Parts or Covered Labor (except in the case of authorized overtime charges or after-hours service). In the event You provide Covered Labor, You agree to the labor rates defined in Part Five.
Marketing and advertising of WYW by You and Your employees, representatives, and agents will be directed only to consumers within the U.S. and Canada, and You will not (a) market, advertise, or represent any ESA or any coverage thereunder as a warranty; or (b) sell any ESA as a warranty.
You will sell and install Lennox Equipment for use in a Residential Application within 18 months of its date of manufacturer.
You will install the Lennox Equipment for use in a Residential Application that was promised at the point of sale or disclose any change in equipment.
You have not and will not make any unauthorized, inaccurate, or misleading statements or representations regarding LENNOX, LENNOX’s products (including, without limitation, the WYW Eligible Equipment), or WYW.
You will provide reasonable cooperation with LENNOX to ensure that all information that may be reasonably required to adjudicate Claims under WYW is provided to Lennox and Service Net or other LENNOX-authorized third party.
You will maintain such books, records, and accounts in accordance with the general industry standards for a period of at least 4 years after the termination of this Agreement or longer as required by Law.

PART TEN – INDEMNIFICATION.

LENNOX and You (each, an “Indemnifying Party”) will indemnify each other and our respective representatives, agents, members, managers, and officers (collectively, the “Indemnified Party”) and hold the Indemnified Party harmless from and against any third-party claims, losses, damages, liabilities, and expenses, including reasonable attorneys’ fees (collectively, “Third Party Claims”), arising out of or relating to: (a) the acts or omissions hereunder of the Indemnifying Party or its employees, representatives or agents; or (b) any breach of this Agreement or WYW by the Indemnifying Party.

The Indemnifying Party will advance and/or promptly reimburse the Indemnified Party for all reasonable attorneys’ fees, costs, and expenses it incurs in responding to or defending against any Third Party Claims. The Indemnified Party shall have the right to select its own counsel and to control the litigation or other dispute resolution, and the Indemnifying Party shall cooperate in good faith in such defense. An Indemnified Party will promptly notify the Indemnifying Party in writing of any Third Party Claim; however, failure to provide prompt notice will not relieve the Indemnifying Party of its obligations except to the extent the Indemnifying Party suffers material prejudice as a result.

PART ELEVEN – LIMITATION OF LIABILITY.

NEITHER YOU NOR LENNOX WILL BE LIABLE TO EACH OTHER FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (II) BUSINESS INTERRUPTION, DIMINUTION IN BUSINESS VALUE, OR HARM TO GOODWILL OR REPUTATION. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH LOSSES ARE DIRECT LOSSES OR INDIRECT LOSSES; WHETHER ARISING FROM CLAIMS BASED IN CONTRACT, TORT, STATUTORY OR REGULATORY VIOLATION OR OTHERWISE; AND EVEN IF YOU OR LENNOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. Nothing in this Limitation of Liability modifies an Indemnified Party’s right in Part Ten.

PART TWELVE – WARRANTY DISCLAIMER.

YOU ACKNOWLEDGE AND AGREE THAT LENNOX IS NOT PROVIDING YOU AN EXPRESS OR IMPLIED WARRANTY OF ANY KIND AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE QUALITY, WORKSMANSHIP, AND PERFORMANCE OF ANY LENNOX EQUIPMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LENNOX LIMITED WARRANTY DOES NOT APPLY TO DEALER AND DEALER IS NOT ENTITLED TO MAKE A CLAIM UNDER OR RECEIVE BENEFIT FROM THE LENNOX LIMITED WARRANTY OR ANY OTHER WARRANTY THAT MAY BE APPLICABLE TO ANY LENNOX EQUIPMENT.

PART THIRTEEN – DISPUTE RESOLUTION (PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS).

NOTICE REQUIREMENT – A PARTY MUST PROVIDE THE OTHER PARTY WITH NOTICE OF ALL CLAIMS IN WRITING AS PROMPTLY AS POSSIBLE AND IN NO CASE LATER THAN ONE (1) YEAR FROM THE DATE ON WHICH THE CLAIM ARISES. ANY FAILURE TO PROVIDE NOTICE IN STRICT COMPLIANCE WITH THIS TERM AND THIS AGREEMENT SHALL CONSTITUTE A WAIVER OF THE CLAIM. THIS NOTICE REQUIREMENT IS A CONDITION PRECEDENT TO ANY CLAIM BEING BROUGHT FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Mandatory Arbitration - Any dispute arising out of or relating this Agreement will be resolved according to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration panel will consist of 3 members. LENNOX and You will each select 1 member and those 2 members will select the third. The arbitration will be held in Dallas, Texas. The laws of the State of Texas govern this Agreement, without regard to conflict of law principles. This arbitration agreement does not preclude Dealer from bringing issues to the attention of federal, state or local agencies. Such agencies can, if applicable Law allows, seek relief against LENNOX on Dealer’s behalf. The prevailing Party in any arbitration shall be awarded its (a) arbitration fees, costs and expenses; (b) reasonable expert fees, costs and expenses; and (c) reasonable attorneys’ fees, costs and expenses.

Arbitration Class Action Waiver (for all states other than California) – You and LENNOX agree that arbitration will proceed solely on an individual basis and no Dispute will be arbitrated as a class action, consolidated with the claims of any other party, or arbitrated on a consolidated, representative, or private attorney general basis. The arbitrator’s authority to resolve and make awards is limited to Disputes between You and LENNOX. The arbitrator’s award or decision will not affect issues or claims involved in any proceeding between LENNOX and any person or entity who is not a party to the arbitration. A court, not the arbitrator, will decide any questions or disputes regarding the enforceability of this Arbitration Class Action Waiver. If a court deems any portion of this Arbitration Class Action Waiver invalid or unenforceable, the entire arbitration provision (other than this sentence) will be null and void and not apply. For the avoidance of doubt, in no event shall an arbitration occur on a class or collective basis.

Arbitration Class Action Waiver (for California) – You and LENNOX agree that arbitration will proceed solely on an individual basis and no Dispute will be arbitrated as a class action, consolidated with the claims of any other Party, or arbitrated on a consolidated, representative or private attorney general basis; provided, however, that You shall be permitted to seek and obtain public injunctive relief in arbitration. The arbitrator’s authority to resolve and make monetary damage awards is limited to Disputes between You and LENNOX. The arbitrator may award monetary relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim. The arbitrator’s monetary award, if any, will not apply to any person or entity that is not a party to the arbitration. A court, not the arbitrator, will decide any questions or disputes regarding the enforceability of this Arbitration Class Action Waiver other than a dispute over whether this Arbitration Class Action Waiver is enforceable under McGill v. Citibank, N.A., 2 Cal 5th 945 (2017) and related case law (that question shall be determined by an arbitrator). If a court deems any portion of this Arbitration Class Action Waiver invalid or unenforceable, the entire arbitration provision (other than this sentence) will be null and void and not apply. For the avoidance of doubt, in no event shall an arbitration occur on a class or collective basis.

Non-Arbitration Class Action and Jury Waiver – If for any reason any Dispute proceeds in court rather than arbitration, You and LENNOX waive any right to a jury trial, and the Dispute will proceed solely on an individual, non-class, non-representative basis. Neither You nor LENNOX may be a class representative or class member or otherwise participate in any class, consolidated, private attorney general or representative proceeding.

Definition of “Dispute” – The term “Dispute” and “Disputes” shall be broadly interpreted to include any claims, disagreements, or controversies that You and LENNOX had, have or may have against each other, including, without limitation, all claims, disagreements, or controversies arising out of or relating to any LENNOX-manufactured products or equipment, any business dealings between You and LENNOX, this Agreement, or any LENNOX Limited Warranty.

PART FOURTEEN – GENERAL TERMS AND CONDITIONS

Entire Agreement – This Agreement is the entire agreement between LENNOX and You regarding You selling Lennox Equipment for Residential Applications. Subject to the last two sentences below, all prior oral or written communications, proposals, agreements, negotiations, and discussions are void. No amendment or waiver of this Agreement will be binding unless it has been agreed to in writing by LENNOX and You. Notwithstanding anything to the contrary in this Paragraph or this Agreement, if You are currently a party to a written and signed agreement with LENNOX (an “Existing Agreement”), nothing in this Agreement shall terminate or supersede any Existing Agreements between You and LENNOX. In the event of a conflict between this Agreement and the Existing Agreements, the terms in this Agreement shall control.

Confidentiality/Privacy Laws – You will take reasonable measures to maintain the confidentiality of any information of LENNOX that is non-public and/or proprietary, including the terms of this Agreement, that you learn in your business relationship with LENNOX.

LENNOX is subject to laws relating to the protection of personal data (“Applicable Privacy Law”), including but not limited to, the California Consumer Privacy Act (“CCPA”), California Privacy Rights Act (“CPRA”), the General Data Protection Regulation (“GDPR”), and the Personal Information Protection and Electronic Documents Act (“PIPEDA”). LENNOX also expects that its business partners, service providers, and/or vendors that share personal data (as that term is defined under Applicable Privacy Law) with LENNOX to comply with Applicable Privacy Laws. By executing this Agreement, You affirm that You comply with Applicable Privacy Law and will protect personal data provided by LENNOX under the terms of its Privacy Policy, available at https://www.lennox.com/privacy. By executing this Agreement, You acknowledge that You understand Your responsibilities under Applicable Privacy Law and will assist LENNOX in its own compliance obligations with Applicable Privacy Laws.

No Assignment – No assignment of Your rights under this Agreement will be valid without LENNOX’s prior written consent.

Independent Contractor – You are an independent contractor and not an agent, partner, employer-employee, or franchisee of LENNOX. You have no authority to bind LENNOX.

Notice – Notice under this Agreement must be in writing and sent via hand delivery or overnight delivery and will be effective (a) upon receipt, if delivered personally; or (b) the first business day following submission with an overnight courier service.

Notice of Consequences of “Acceptance” or “Decline” – This Agreement is a legal contract that will bind You and Lennox once you click the “Accept” button. If You “Decline”, You will not be permitted to market or sell Lennox Equipment for use in a Residential Applications.

Last updated: February 1, 2022

¹ In the event the original End Customer or installing dealer of the Covered Equipment purchased a higher reimbursement level, Dealer will be paid the respective hourly rate of the purchased level. For the avoidance of doubt, the labor rate is tied to the Covered Equipment not Dealer. In other words, if Dealer provides covered labor for Covered Equipment Dealer did not install, and the installing dealer did not purchase a higher reimbursement level, Dealer will be paid the basic rate of $85 per hour regardless of whether or not Dealer typically purchases a higher reimbursement level when it installs WYW Eligible Equipment.