ONSTAR INSURANCE WEB SITE USE AGREEMENT
The following contains important notices concerning your use of the OnStar Insurance web site and requires your acceptance of these terms and conditions as a condition to your entering this web site. Please take a few moments to read these important provisions.
USE OF INFORMATION AND MATERIALS
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the OnStar Insurance web site and systems, including, but not limited to, unauthorized entry into the OnStar Insurance systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any OnStar Insurance web site or services or interfere with any other party's use and enjoyment of any OnStar Insurance web site or services. You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.
When you log into your account on the OnStar Insurance web site the first time, you will be required to establish an account with a valid email address and password. Only customers who have an account with OnStar Insurance will be allowed to establish an online login. OnStar Insurance reserves the right to suspend or cancel your access at any time. You agree to keep your password confidential at all times. If you believe that an unauthorized person is using your online account, or has gained access to it, it is your obligation to change your password and you must notify OnStar Insurance immediately. OnStar Insurance reserves the right to suspend or cancel your online account access without notice from you if OnStar Insurance believes in its sole discretion that your access is being used in a fraudulent or unauthorized manner.
By providing material on our website, OnStar Insurance does not in any way promise that the materials will remain available to you or that you will qualify for the products we offer. OnStar Insurance is entitled to terminate all or part of any of its websites at any time, without notice to you.
When you select a password and sign-up to access OnStar Insurance’s online policyholder services, you agree to the following conditions:
OnStar Insurance is authorized to act on instructions received under your password without any requirement to question those instructions;
OnStar Insurance is not liable for any unauthorized access to your personal information that is not directly due to the negligence of OnStar Insurance;
Your password contains sensitive information and you will keep it confidential and secret;
You will notify OnStar Insurance immediately if you believe anyone else has learned your password or if you believe an unauthorized access to OnStar Insurance or your personal information has occurred or may occur;
OnStar Insurance may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
Violating this Website Use Agreement may lead to a revocation of OnStar Insurance website access privileges.
These terms and conditions and any notices or other communications regarding the services may be provided to you electronically, and you agree to receive communications from us in electronic form. Electronic communications may be posted on our web site and/or delivered to your registered email address. All communications in electronic format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying us of your decision to do so by contacting us at 1-888-495-4674. You may print a copy of any electronic communications and retain it for your records. To use the services, you must have a personal computer with Internet Explorer (version 7.0 or higher), Safari (version 4.0 or higher), or some similar Internet browser, and a compatible printer.
The copyrights, trademarks, logos, and service marks ("Marks") displayed on the site are the property of OnStar Insurance and other parties. Users are prohibited from using any Marks for any purpose without the written permission of OnStar Insurance or such third party which may own the Marks.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The information and materials contained in this site, including text, graphics, links, or other items are provided "as is" and "as available". OnStar Insurance does not warrant the accuracy, adequacy, or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed, or statutory, including, but not limited to, the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. OnStar Insurance does not warrant or represent that the site or any service will be available or operate in an uninterrupted or errorfree manner. This site is controlled, operated, and administered by OnStar Insurance from its offices within the United States. OnStar Insurance makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States, if you access this site from a location outside of the United States or Canada.
COMPLIANCE WITH ALL LOCAL LAWS
In no event will OnStar Insurance, or its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third party service providers be liable for any damages, including, without limitation, direct or indirect, special or punitive, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if OnStar Insurance, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Because some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. User hereby waives California Civil Code §1542, which states that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." User also waives any provision of the statutory or non-statutory law of any jurisdiction that is similar in wording or effect to California Civil Code §1542.
Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
You agree to indemnify and hold OnStar Insurance and its affiliates harmless, and at OnStar Insurance's request, to defend OnStar Insurance and its affiliates from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to the following: (1) your use of or inability to use this site, (2) your violation of these terms and conditions, (3) your infringement (or any other person using your password and account) of any right of a person or entity, or (4) any other activity using this site or services. This indemnity shall be in addition to and not limited by any other indemnity.
ELECTRONIC DOCUMENT DELIVERY
This Electronic Document Delivery Disclosure applies to each policy in your OnStar Insurance account. Please note that account holders are currently unable to update their email address online. If you need to update the email address in your account, you can do so by calling us at 1-888-495-4674. Please read this Disclosure carefully and keep a copy for your records.
ELECTRONIC DELIVERY DISCLOSURES
Your OnStar Insurance policy involves various documents including this Electronic Document Delivery Disclosure. By accepting these terms, you agree that OnStar Insurance may provide you with legal notices and disclosures in electronic format, unless and until you withdraw your consent as described below.
METHOD OF PROVIDING DISCLOSURES TO YOU IN ELECTRONIC FORM
All notices and disclosures that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a website that we will designate in an e-mail notice we send to you at the time the information is available, or (3) by access to a website that we will generally designate in advance for such purpose, when allowed by law.
HOW TO WITHDRAW CONSENT
You may withdraw your consent to receive notices and disclosures in electronic form for any of your accounts by contacting us at 1-888-495-4674. At our discretion, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic notices or disclosures. We will not impose a fee to process the withdrawal of your consent to receive electronic notices and disclosures; however, if permissible in your state of residence, a fee may apply to receive paper copies of documents. Any withdrawal of your consent to receive electronic notices and disclosures will be effective only after we have a reasonable period of time to process your withdrawal.
HOW TO UPDATE YOUR RECORDS
It is your responsibility to provide us with current, accurate and complete e-mail address, contact, and other information related to this Disclosure and your account(s), and to maintain and update promptly any changes in this information. We will not assume liability for non‐receipt of notification of the availability of electronic documents in the event your email address on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, browser, internet service and/or software; or for other reasons beyond our control. You can update contact by contacting us at 1-888-495-4674.
HARDWARE AND SOFTWARE REQUIREMENTS
In order to access, view, and retain electronic notices and disclosures that we make available to you, you must have the following hardware and software:
An Internet browser that supports 128-bit encryption.
Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.
Adobe Acrobat Reader 6.1 or higher.
An e-mail account with an internet service provider and e-mail software in order to participate in our electronic communications programs.
A personal computer (for PC's: Pentium 120 MHz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor 120-MHz Base or higher), operating system, and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above.
To retain an electronic copy of the electronic Billing Statement, your system/device must have the ability to download and store PDF files.
If you do not have the required system requirements, or if you do not wish to use electronic records for any other reason, you can request paper copies through the process listed below.
We will use commercially reasonable efforts to notify you before such requirements change. If you choose to withdraw your consent upon notification of the change, you will be able to do so.
REQUESTING PAPER COPIES
OnStar Insurance will not send you a paper copy of any electronic notices and disclosures unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic notice or disclosure by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic notice or disclosure to you.
To request a paper copy, contact us by telephone at 1-888-495-4674. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized us to provide electronically.
COMMUNICATIONS IN WRITING
All notices and disclosures in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records, a copy of this Disclosure, your initial authorization to receive electronic notices and disclosures and any changes to that authorization, and any other communication that is important to you.
FEDERAL AND APPLICABLE STATE LAW
You acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. Additionally, you acknowledge and agree that your consent to electronic communications is being provided in connection with applicable state law, and that you and we both intend the applicable state laws apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
TERMINATION / CHANGES
We reserve the right, at our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic notices and disclosures. We will provide you with notice of any such termination or change as required by law.
We also reserve the right to amend these terms and conditions at any time by posting revised terms on the company website, www.onstarinsurance.com. Your continued use of electronic communications after any such amendment constitutes your acceptance of the new terms.
The featured words (ex. Microsoft, Adobe) used to identify the source of goods and services are the registered trademarks of their respective owners, for example Microsoft Corporation or Adobe Systems Incorporated.
By agreeing to the Disclosure, you:
agree that your use of electronic process provided by us to establish your agreement to this Disclosure constitutes your electronic signature and signifies your intent to be bound;
consent to receive an electronic record of notices and disclosures in lieu of a hard or paper copy or version thereof unless specifically requested (provided that your consent to receive electronic notices or disclosures may be withdrawn as described above); and
acknowledge and demonstrate your ability to access electronically this Disclosure, electronic notices and disclosures, and your satisfaction of the software and hardware requirements described above.
CREDIT AND CREDIT-BASED INFORMATION
If you are a first-time user of OnStar Insurance, it is important to read and understand the following disclosure:
In connection with this insurance, we may request and review your credit report or obtain and use a credit-based insurance score from a third-party consumer reporting agency, based on the information contained in that report. It is important to note that the use of credit-based insurance scores is prohibited in some states, and in those states, OnStar Insurance will not review your credit report or use a credit-based insurance score.
An insurance score is a tool used to predict how often you are likely to file claims and how expensive those claims may be. Typical items from a credit report that could affect a score include payment history, the number of revolving accounts, the number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
If you have used OnStar Insurance services before and wish to renew your policy, please also read and understand the following disclosure. OnStar Insurance may have previously requested and reviewed your credit report or obtained and used a credit-based insurance score based on the information contained in that report. Upon renewal of your policy, OnStar Insurance may obtain or use credit information provided again. As with first-time users, the use of credit-based insurance scores is prohibited in some states, and in those states, OnStar Insurance will not review your credit report or use a credit-based insurance score. It is important to understand that the use of credit information to determine insurance rates or eligibility may have an impact on your credit score. If you have any questions or concerns about how your credit information is being used by OnStar Insurance, please call 1-888-495-4674 for further assistance.
RECURRING CREDIT AND DEBIT CARD PAYMENTS
You authorize OnStar Insurance to charge your designated credit or debit card for the amount due for your insurance premiums and other charges and fees, including any fee charged after the policy termination effective date. You understand that your card issuer may supply OnStar Insurance with updated expiration date and/or credit card number. It is your responsibility to notify OnStar Insurance when the credit card and/or expiration date changes. You can update your payment method by accessing your policy through www.onstarinsurance.com or by calling 1-866-262-6694.
You acknowledge that the charge to your card of the billing schedule amount will be charged on or after the premium due date indicated on your schedule. You understand that you will thereafter be sent a payment schedule only at renewal or if your premium amount changes during the policy period.
You must provide a valid credit or debit card, and for all charges, have available credit or sufficient funds to accept all charges. Charges shall be initiated by OnStar Insurance to pay premiums and other charges and fees associated with your policy as authorized, and the entries on your premium statements shall constitute your receipt for the transaction(s). No payment to OnStar Insurance shall be deemed to have been made unless and until OnStar Insurance receives payment. Payments received at one of our mailing addresses will not constitute a premium payment and will be returned uncashed. Your policy may be subject to late fees and cancellation if your premium is not paid.
You may cancel these recurring payments by cancelling your policy by calling 1-888-495-4674. OnStar Insurance reserves the right to refuse electronic payment services.
This agreement is to remain in effect until OnStar Insurance terminates it or until you request to cancel recurring payments through the designated channels provided by OnStar Insurance.
OnStar Insurance may modify this Website Use Agreement, at any time, simply by updating this posting or the information on its website and without notice to you.
These Terms and Conditions of Website Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Texas, without giving effect to Texas’ conflict of laws principles.
If any provision of this agreement is unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions.
OnStar Insurance companies, OnStar Indemnity Company, OnStar National Insurance Company, OnStar Property and Casualty Insurance Company, provide private passenger automobile insurance and OnStar Insurance Services, Inc., an insurance agency, assists qualified applications with homeowners’ insurance.