OnStar Services– User Terms

Last Updated: June 1, 2014

These User Terms are between you and OnStar LLC and its affiliates (“OnStar” or “we”), They apply to your use of OnStar Services. THESE USER TERMS ARE LEGALLY BINDING. Refer to Section 3 below for definitions of the capitalized terms.

Summary of User Terms

When you accept the User Terms during our sign-up process or when you access or use the Services, you agree to the following:

·         You will only use the Services when it is safe to do so, and you will only use them in compliance with the law and these User Terms;

·         If others use the Services through your user account or vehicle, you will ensure that they only use the Services when it is safe to do so, and in compliance with the law and these User Terms;  

·         We may suspend or discontinue your access to some or all of the Services; 

·         We may access, modify, or update the software used to deliver the Services or used by your vehicle systems without additional notice or consent;

·         You will notify us by pressing the blue OnStar button in your vehicle or by calling us at 1-888-4-OnStar when

• you plan to sell or dispose of your vehicle, or
• you want to cancel the Services;

·         We have certain rights to use and share the information or materials you provide us, as defined in these User Terms;

·         If you access or use any third party products or services, the terms associated with those third party products or services will also apply, and you will not hold OnStar responsible for your access or use;

·         The Services are provided “as is” and are limited by matters outside our control. Unless expressly provided in these User Terms, we make no representations or warranties for the Services or for their availability, and we are not liable for the use or any lack of availability of the Services;

·         If a dispute arises, you will resolve it through individual arbitration;

·         We may modify these User Terms at any time and the modifications will become effective upon posting on our Website or when we notify you, whichever occurs first; and

·         You are bound by the complete set of User Terms found below, including the OnStar Privacy Statement and, for any AT&T Services that you use, the AT&T Terms.

User Terms – OnStar Services

1. Agreement to Terms. When You accept the User Terms during our sign-up process or when you access or use the Services, you are indicating that you have read, understand, and agree to be bound by these User Terms and the other terms, policies, guidelines, and processes they refer to (collectively, the “Agreement”) which include:

·         the User Terms;

·         the Privacy Statement (as referred to in Section 26);

·         the AT&T Terms (if you purchase services from AT&T); and

·         other terms, guidelines, policies, or procedures that we post on the Website or communicate through your Connected Device.

If you do not agree with any of these terms, then you should decline these User Terms during our sign-up process or other methods we make available to you.  You are not permitted to access or use any of the Services if you do not accept the Agreement.

2. Safety. You must obey all laws, traffic rules, and traffic regulations governing the operation of your vehicle and use of your Connected Device(s), and you will not access and/or use any Service or Connected Device in a manner that violates any law, rule, or regulation. Without limiting the foregoing, it is your sole responsibility to exercise discretion and observe all safety measures required by law, traffic rules, and traffic regulations while accessing and/or using the Services and Connected Devices.  Access to and/or use of the Services and Connected Devices are at your sole risk and your sole responsibility and the Services and Connected Devices should be accessed and/or used only when you can safely operate them.

3. Some Definitions.

·         “AAA” is defined in Section 28.9;

·         “Agreement” is defined in Section 1;

·         “AT&T”means AT&T Mobility LLC;

·         “AT&T Services” are defined in Section 4;

·         “AT&T Terms” are defined in Section 4;

·         “Claim” is defined in Section 28.9;

·         “Connected Device” means a device compatible with OnStar and its related systems and capable of receiving software updates or upgrades that is either installed in your vehicle by us or our affiliates or authorized by us for use with your vehicle;

·         “Feedback”is defined in Section 25;

·         “Fleet”means a group of vehicles that are maintained, owned or leased by a third-party business or other entity and not by an individual or family. For example, a rental car provided to You by a rental car company or a vehicle made available to You by an employer that maintains multiple vehicles for employee use is often part of a Fleet;

·         “Fleet Company” is the company that owns, leases, or manages a Fleet;

·         “GPS”is defined in Section 15.1;  

·         “OnStar Persons” is defined in Section 19

·         “PDF”is defined in Section 28.4;

·         “Permitted User”is defined in Section 17;

·         “Services”means the OnStar services that we make available to you from time to time, as further described in Section 4 and on the Website;

·         “Software” is defined in Section 17;

·         “Systems”is defined in Section 17;

·         “Third Party Services” means services made available to you by a third party;

·         “Trademarks” is defined in Section 23;

·         “Website”means the OnStar website with the landing page located at www.onstar.com;

·         “Wireless Service Providers” means third parties that make wireless services available to You in connection with the Services, such as AT&T; and

·         “You”means each person accessing or using the Services.

4. Service Details. Our Website describes the available Services, including instructions for Service setup and operation, and any further terms, privacy statements, pricing, conditions, and limitations of the Services. You may cancel these Services at any time, as described in Section 6 below. Here are some highlights of Services that may be available to You:

·         Subscription: Services may be offered to You for a fee, such as the OnStar Directions and Connections Service, a paid Wi-Fi data plan, or a Service that requires a subscription payment;

·         Basic Plan and Trial Period: Services may be available to You at no additional charge for a specific or defined time period, such as OnStar Basic Plan Services, or OnStar trial services (e.g., a data plan trial or OnStar safety and security services trial plans). Following that defined period of time (e.g., the five years of Basic Plan services) those Services will end unless we mutually agree to extend them;

·         Vehicle Health Monitoring:Services may be available for your vehicle that collect data from your vehicle systems and provide You or your dealer with diagnostic and prognostic notifications, such as OnStar vehicle diagnostic services or vehicle health maintenance services that we may assist your vehicle manufacturer in delivering to You. These Services do not report all conditions that may affect the operation of your vehicle. For example, conditions occurring while your vehicle is off or conditions that develop rapidly may not be reported using these Services;

·         Data Plan: You may be offered data plans or other services from AT&T or other Wireless Service Providers that can be used with the Connected Device in your vehicle. If You are offered a data plan or other services from AT&T (the “AT&T Services”), then in addition to the terms of this Agreement, the following terms and privacy policy will apply to your use of the AT&T Services (the “AT&T Terms”): www.att.com/USTermsandconditions. The AT&T Terms apply solely to the AT&T Services, and not to any other of the Services. In the event of a conflict between the AT&T Terms and the terms of this paragraph, the preceding sentence will govern.

5. Payment.If You have a credit or debit card account or similar payment account on file with us, we’ll automatically charge it monthly if You have not otherwise pre-paid for Services You have requested. Once You place your payment account on file with us, we may receive automatic updates of that account information from the financial institution for that account in order to keep that payment information current. Applicable fees for the Services, if any, must be paid in advance. If You do not have such an account on file with us You must provide us with payment monthly (or other payment period offered by us and chosen by You) in advance. We’ll continue to charge the payment account You provided monthly (or You must continue to make payments monthly) until You or we cancel or terminate your service as allowed in this Agreement, or You choose another payment period offered by us. The price of your Services may change over time, and we’ll use the rates then in effect for the applicable payment period for those charges.

The purchase or lease price of your vehicle may have included a trial period for some of the Services, or we may otherwise offer you a trial period for some of the Services. If so, those Services will stop automatically without further notice at the end of the trial period, unless You elect to continue the Services and pay the associated fees. If You have a payment account on file with us, we will automatically start charging You monthly as set out above.

6. Your Right to Cancel the Services at any Time. This Agreement applies from the date of your acceptance until the Services are cancelled or terminated by You or us as permitted in this Agreement. You may cancel the Services at any time. To cancel the Services, you may call us at 1-888-4-OnStar or you may press the blue OnStar button in your vehicle and inform the advisor that You want to cancel the Service. You must also contact us in this manner if You wish to sell or transfer your vehicle. We will refund any unused whole months and remaining days of Services that You have paid in advance unless (a) the payment was included in the purchase or lease price of your vehicle or (b) the terms of the applicable Services (or the applicable Third Party Services) dictate otherwise. You won’t be entitled to any other refunds for the Services. If You cancel the Services and later wish to reactivate the Services, You may be required to pay reactivation fees. You can also call us or press the blue OnStar button in your vehicle at any time to get instructions on how to disable the OnStar systems in your vehicle.

7. Our Right to Terminate the Services. To the extent permitted by law and unless prohibited by law, we reserve the right to terminate your participation in or access to the Services and this Agreement if, in our sole judgment, You have violated this Agreement. For example, we may terminate this Agreement immediately if: (i) You breach any obligation of this Agreement; (ii) any person or party acting by, through, for, or in concert with You takes any action inconsistent with this Agreement; (iii) You engage in, encourage, or participate in any unlawful, deceitful or fraudulent conduct in any way relating to this Agreement or any of the Services; or (iv) You do not agree with modifications to this Agreement as we may make available to You.

8. Additional Termination Rights; Effect of Termination. In addition to other termination rights provided in this Agreement, we may terminate this Agreement at any time upon thirty (30) days prior written notice to you. We are not liable to You for termination or expiration of this Agreement or the discontinuance of any or all of the Services, unless otherwise expressly provided in this Agreement. Upon termination or expiration of this Agreement, You must immediately stop using the Services and your license to the Software is automatically and immediately terminated. All provisions of this Agreement which by their nature survive termination or expiration, shall survive termination or expiration of this Agreement. 

9. Duty to Notify OnStar Upon Sale or Transfer of Vehicle. You must notify us if you plan to sell or transfer your vehicle. This is important to help protect your account and your information, and to avoid being charged for Services after your sale or transfer. To notify us, you may call us at 1-888-4-OnStar or press the blue OnStar button in your vehicle and inform the advisor of your plans.

10. Fleet Vehicles. This Agreement also applies to You if You are the owner, manager, or user of a Fleet that uses any of the Services. When You use the Services or drive a Fleet vehicle with active Services, You agree to be bound by this Agreement even if You did not buy or lease the vehicle or order the Services. If You own a Fleet vehicle, then additional terms and conditions may apply to the Services provided to your Fleet.  If those additional terms and conditions conflict with these User Terms, then the additional terms and conditions for fleet services will govern.If You drive a Fleet vehicle, the Fleet Company may permit You to order additional Services that are not part of the Services provided to the Fleet Company, and You may also have the opportunity to purchase Services for your own personal use. Those Services are also subject to this Agreement. Your Fleet Company may also limit the types of Services that are available to You. The Services provided to a Fleet may be governed by additional terms and conditions and different privacy statements than those applicable to non-Fleet vehicles.  Specifically, the Fleet Company may have requested additional data collection or handling practices that differ from those associated with certain Services. You should consult with the Fleet Company if You have questions about any requirements, limitations, or data practices that may apply to your use of the Fleet vehicle or Services associated with a Fleet vehicle. 

11. Modification to Agreement. We may modify this Agreement by giving You notice or by asking You to read and accept a new version of this Agreement. We may give You notice by posting a new version of the Agreement on the Website. If You do not agree with any modification, then You may not use the Services. Your continued access or use of any of the Services after our notice indicates your acceptance to the modified Agreement.

12. Eligibility.  You represent and warrant that You (a) have reached the age of majority in your jurisdiction of residence and have full legal capacity to enter into binding contracts, or (b) are at least 13 years of age and possess legal parental or guardian consent and are fully able and competent to enter into and abide by this Agreement. If You do not satisfy these eligibility requirements, then You should decline this Agreement using the mechanism we make available to You.  You are not permitted to use any of the Services until such time as You satisfy these eligibility requirements and agree to all of the terms of the Agreement.

13. No Use of the Services by Children.  The Services do not target, through advertising, appearance, links to other sites or otherwise, children under the age of 13.  If You are under the age of 13 or are a parent or guardian of a child under the age of 13, please be aware that we do not permit registration by, and do not knowingly collect any information from, children under the age of 13.  If You are a parent or guardian of a child under the age of 13, You must not allow them to use, or consent to their registration to use, any of the Services.

14. Registration and Account.  You may be required to create an account to use some of the Services.  If You create an account, You must:

·         provide accurate and complete information;  

·         be solely responsible for your account activity;

·         keep your account and password secure and not disclose them to anyone; and 

·         notify us immediately of any breach of security or unauthorized use of your account using our contact information provided in the “Questions” section at the end of these User Terms. 

Use of the Services is solely for your personal use. OnStar will not be liable for any losses resulting from unauthorized access to or use of the Services or your account.  However, You may be liable to OnStar or other parties due to such unauthorized access and/or use.

15. Service Limitations.

15.1The Services are only available in the continental United States, Alaska, Hawaii, and Canada. The Services rely on wireless communication networks and the Global Positioning System ("GPS") satellite network. NOT ALL SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL VEHICLES, AT ALL TIMES.  The area You are driving in may affect the Services that we can provide to You, including routing services.

15.2The Services only work in places where we have retained a Wireless Service Provider for Service in that area and only if the Wireless Service Provider has technical compatibility with the Connected Device, coverage, network capacity, and reception when and where the Service is needed. Services that use location information about your vehicle only work if GPS satellite signals are unobstructed, available in that place and compatible with your vehicle systems.

15.3YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR THE SERVICES TO OPERATE.

15.4The Services may not work if:

·         equipment on your vehicle isn’t properly installed;

·         You haven’t maintained the equipment or your vehicle in good working order;

·         You do not comply with all applicable laws;

·         You try to add, connect or modify any equipment or software in your vehicle (such as plugging devices into the vehicle electrical system or diagnostic port);

·         your vehicle is not compatible with the Services or the wireless service and technology provided by our Wireless Service Providers. This wireless service and technology is subject to change; or

·         other problems arise that we can’t control that interfere with the delivery or quality of the Services, such as hills, tall buildings, tunnels, weather, electrical system design and architecture of your vehicle, damage to important parts of your vehicle in an accident, or wireless phone network congestion or jamming.

15.5We and the Wireless Service Providers are not responsible for any delay or failure in performance that (a) may have been prevented by You taking reasonable precautions or (b) is caused by acts of nature, or forces or causes beyond our reasonable control (for example: public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties - regardless of cause-or equipment failures including Internet, computer, telecommunication or other equipment failures).

15.6The routing data we provide is based on the most current map information available to us, but the information may be inaccurate or incomplete.  For example, the route data may not include information about one-way roads, turn restrictions, construction projects, seasonal roads or new roads. The suggested route may use a road that is closed for construction or a turn that is prohibited by signs at the intersection. Suggested routes also do not consider whether the areas traveled are residential, commercial, or mixed and do not factor in the availability of public or private goods and services. Therefore, You should use good judgment, obey traffic and roadway laws and instructions and evaluate whether following the system's directions is safe and legal for the current conditions.

15.7 We recommend that You carefully read the applicable terms and policies (including these User Terms and our Privacy Statement) before using the Services.  If You use Third Party Services, You acknowledge that the applicable terms of service made available by that third party is a binding agreement solely between You and that third party, and not between You and us, and that we are acting solely as an intermediary between You and that third party. 

15.8We are not obligated to provide any maintenance or support for the Services, technical or otherwise. If we provide any maintenance or support for the Services, we may stop any such maintenance, support, and/or services at any time.

16. Other Users.  This Agreement applies to all users of your Connected Device.  You are responsible and liable for all activities of users of your Connected Device, including all access to or use of the Services.  Without limiting the foregoing, it is your responsibility to:

•     inform other users of your Connected Device that their access to and use of the Services is subject to this Agreement;

·          inform other users of the  privacy statements that apply to the use of Services, and

•     ensure that other users of your Connected Device comply with the applicable terms of this Agreement.

17.Software Updates; Suspension or Removal of the Services. You consent to OnStar and your vehicle manufacturer accessing the systems associated with your Connected Device and your vehicle (the “Systems”) for the following purposes:

·         Software Updates. Your Systems involve software that OnStar or your vehicle manufacturer makes available to You (“Software”). The Software is licensed, not sold to You, and may need to be updated or changed from time to time. You agree that either OnStar or your vehicle manufacturer may remotely deliver Software updates or changes to your vehicle without any further notice or consent. For example, these updates or changes may enhance safety or security, or may maintain the proper operation of your vehicle. These Software updates or changes may affect or erase data that You have stored in your vehicle (such as OnStar hands free calling name tags, saved navigation destinations, or pre-set radio stations). We are not responsible for any affected or erased data due to a Software update or change. Our Wireless Service Providers, such as AT&T, will not deliver software updates to your vehicle. In the event of a conflict between the AT&T Terms relating to software updates and the terms of this paragraph, the terms of this paragraph will govern;

·         Suspension. We may be required from time to time to suspend or limit your access to or use of the Services without further notice to You and without liability to You, to address system issues, issues with your account, or other issues that may impact the performance, enjoyment, or security of the Services;

·         Removal. Unless otherwise provided in this Agreement we may remove or discontinue the Services or your account without further notice to You, and without liability to You. This may occur as a result of our efforts to refine the Services to address performance degradation, or to address changes in technology, customer interests, regulatory requirements, or business needs;

·         Notice and Consent. If we provide further notice or request further consent to a Software update or change, the notice or consent may be received or provided by any permitted user of the vehicle or the Services or Systems (“a “Permitted User”) on behalf of You, the vehicle owner, himself or herself, and all other Permitted Users. The user receiving or providing that notice or consent is responsible for notifying all other Permitted Users of the notice and of his or her consent; and

·         This Agreement will govern any updates or other changes we make to the Services, Systems, or Software for all Permitted Users.

18. Your Additional Representations and Obligations. You agree that:

·         You have the right and authority to enter into this Agreement on your own behalf;

·         You will only use your account and the Services with your Connected Device or as otherwise authorized by us;

·         You will provide us with true and accurate information and will keep that information up to date;

·         You will monitor your use of the Services and fully comply with the requirements of this Agreement;

·         You will be responsible for all of your costs and expenses, including taxes, losses, and liabilities, incurred in connection with your use of the Services and any activities that You undertake in connection with the Services or with this Agreement in any way;

·         Your agreement to and compliance with this Agreement does not violate any of your existing obligations;

·         You will access the Services only through your established account;

·         You will not attempt to breach any security measures of the Services;

·         You will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any security technology, convert to any use not authorized by us or claim ownership in the Services or our or any other party’s information or materials associated with the Services;

·         You will not use the Services for any unlawful purpose, to harass any person, or for any purpose not allowed by us;

·         You will not remove, modify, or obscure any copyright notices, trademarks, or other proprietary rights notices on or contained in or on any portion of the Services or any information or materials on or obtained from the Services;

·         You will comply worldwide with all local, state, provincial, federal, and national laws, statutes, ordinances, by-laws, and regulations that apply to your use of the Services; and

·         You have no propertyrightin any number assigned to your Connected Device and You understand that any such number can be changed from time to time.

19.  Indemnity.  In consideration of OnStar’s provision of the Services to You and the rights granted to You, to the maximum extent allowable by law and unless prohibited by law, You agree to indemnify OnStar, its parent, subsidiaries, affiliates, licensors, Wireless Service Providers, and contractors as well as their respective employees, officers, directors, and agents (collectively “OnStar Persons”) from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from, any third party claim or demand made to or against any OnStar Person(s): (i) arising out of your access to and/or use of the Services; (ii) arising out of your failure to comply with this Agreement; (iii) relating to the inaccuracy or untruthfulness of any representation or warranty that You made under this Agreement; (v) arising out of any activities of anyone other than You in connection with the Services conducted through your account; (vi) arising out of access to and/or use of, or inability to access or use, any of the Services through your Connected Device; or (vi) arising out of any of your other activities under or in connection with this Agreement or the Services.

20.  Unauthorized Use or Modification of the Services. You are not granted the right to and You shall not engage in any of the following activities:

·         transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, spiders, web-bots, screen-scrapers, or web crawlers or other items of a destructive or disruptive nature;

·         exploit the Services or Software in any unauthorized way, including by trespass or burdening server or network capacity or infrastructure;

·         modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or Software or remove, alter, circumvent, or otherwise tamper with any security technology;

·         "frame," "mirror," or resell any part of the Services or Software without OnStar’s prior written authorization; or

·         harvest or collect information about users.

ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE THE SERVICES OR SOFTWARE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES OR SOFTWARE IS A VIOLATION OF THIS AGREEMENT. ONSTAR RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO TAKE ALL SUCH ACTIONS AGAINST AND OBTAIN SUCH REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  ONSTAR RESERVES THE RIGHT TO DISCLOSE ANY INFORMATION ABOUT YOU, INCLUDING YOUR ACCOUNT AND ACCESS TO AND USE OF YOUR ACCOUNT, TO LAW ENFORCEMENT AS NECESSARY TO ENFORCE THIS AGREEMENT.

21. Intellectual Property.  The Services and Software are protected by United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly set out herein)or claim any right inany aspectof the Services or Software, including the content, text, images, audio, and video without OnStar's express, prior written permission.

22.  Copyright Infringement Notification. If You believe any content or any other aspect of the Services or Software infringe your copyright, You should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

·       A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

·          Identification of the copyrighted work claimed to have been infringed.

·          Identification of the material on the Services or Software that is claimed to be infringing, with information reasonably sufficient to allow us to locate the material.

·          Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.

·          A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law.

·          A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notification should be sent to:

Copyright Agent,

General Motors Holdings LLC

400 Renaissance Center

Detroit, MI 48265

MC : 482-D24-B48

Phone: 313-667-3544

E-mail: Copyright@gm.com

23. Trademarks. Any trademarks, logos, and service marks (collectively "Trademarks") displayed in connection with the Services are the registered and/or unregistered trademarks of OnStar or other third parties. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Trademark or any variation thereof without the written permission of OnStar or the other owner thereof. Your use of OnStar’s Trademarks is strictly prohibited.

24.  Export Compliance. You will comply worldwide with all laws and regulations applicable to the Services. You may not use, export, re-export, import, sell or transfer any aspect of the Services except as authorized by United States law and any other applicable laws and regulations.  In particular, but without limitation, no aspect of the Services may be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.  By using the Services, You represent and warrant that You are not located in any such country or on any such list.  You also agree that You will not use the Services for any purposes prohibited by United States law, including the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 

25.  Information and Feedback. Consistent with these User Terms, You may need to provide us information to deliver the Services. We also want your feedback regarding the Services.  Any information and materials that You submit in connection with this Agreement ("Feedback") is, unless otherwise provided in the Privacy Statement, not considered confidential by OnStar and OnStar has no obligation to keep the information or materials confidential or to return or destroy any Feedback. Your Feedback is submitted voluntarily and without restriction, and OnStar is free to use, reproduce, modify, distribute, display, perform, broadcast, sublicense and disclose any Feedback in any manner, in any form or medium, whether now known or hereafter developed, without any obligation, express or implied, to You, without any notification, payment or attribution to You. OnStar has the right but not the obligation to monitor any Feedback that You submit.

26.  Data Collection / Privacy. OnStar collects, uses, and shares information from and about You and your vehicle. The OnStar Privacy Statement describes what OnStar does with that information. You consent to the collection, use, and sharing of information described in the Privacy Statement and in any revisions to the Privacy Statement. If You sell, transfer, lease or dispose of your vehicle or your Connected Device You are solely responsible for deleting information about You contained in the vehicle or Connected Device, or in your related account.

27.  NO WARRANTY BY ONSTAR OR WIRELESS SERVICE PROVIDERS.

27.1ONSTAR AND THE WIRELESS SERVICE PROVIDERS MAKE NO REPRESENTATIONS, CONDITIONS OR WARRANTIES IN RESPECT OF THE SERVICES.  THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN.  TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, ONSTAR, ON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR ONSTAR AND THE WIRELESS SERVICE PROVIDERS, EXPLICITLY DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE SERVICES.

27.2TO THE EXTENT PERMITTED BY APPLICABLE LAW, ONSTAR DOES NOT WARRANT THE OPERATION, PERFORMANCE, OR AVAILABILITY OF THE SERVICES, OR ANY OF ONSTAR’S  PERFORMANCE OR PROCEDURES IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, ONSTAR DOES NOT WARRANT THAT THE SERVICES WILL CONTINUE IN EXISTENCE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION OF THE SERVICES WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS. 

27.3TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS REGARDING THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.  ONSTAR AND THE WIRELESS SERVICE PROVIDERS MAKE NO REPRESENTATIONS THAT THE SERVICES WILL BE FREE FROM LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND ONSTAR AND THE WIRELESS SERVICE PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETO. ONSTAR AND THE WIRELESS SERVICE PROVIDERS DO NOT PROVIDE ANY WARRANTY AS TO THE AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. 

27.4TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR AND THE WIRELESS SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911, OR ANY OTHER EMERGENCY SERVICE, OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

27.5ONSTAR DOES NOT WARRANT THAT THE SERVICES WILL OPERATE PROPERLY ON YOUR EQUIPMENT AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR EQUIPMENT AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE SERVICES.

27.6SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS' LAW IS APPLICABLE TO THIS AGREEMENT, IN WHICH CASE ONSTAR’S WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

27.7 LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, (A) YOU, ONSTAR AND THE WIRELESS SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, (B) ONSTAR AND THE WIRELESS SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY ANY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR (i) ANY ACTION OR INACTION OF THIRD PARTIES, (ii) ANY EVENTS BEYOND THE REASONABLE CONTROL OF ONSTAR OR THE WIRELESS SERVICE PROVIDERS, (iii) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, (iv) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, UPDATES OR CHANGES TO SYSTEMS, SOFTWARE, OR OTHER EQUIPMENT PROVIDED BY ONSTAR OR THE WIRELESS SERVICE PROVIDERS, (v) ANY  CHANGE OR REDUCTION IN, OR ANY LOSS OF SERVICES CAUSED BY CHANGES IN SYSTEMS, SERVICES, OR INFRASTRUCTURE (SUCH AS THE WIRELESS SERVICE OR TECHNOLOGY INFRASTRUCTURE) THAT ARE MADE AVAILABLE BY THIRD PARTIES, AND (C) ONSTAR WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH ANY THIRD PARTY SERVICES. TO THE EXTENT THAT ONSTAR OR ANY WIRELESS SERVICE PROVIDER ARE FOUND LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR EXPENSES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, AND TO THE EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, YOU AGREE THAT ONSTAR’S AND THE WIRELESS SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY SHALL BE NO GREATER THAN $100.00. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF ONSTAR AND THE WIRELESS SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT, AND APPLY TO ANYONE USING THE SERVICES OR MAKING A CLAIM ON YOUR BEHALF. 

28.  General.

28.1 Assignment. You cannot assign this Agreement (or any portion thereof) without OnStar’s written consent and any attempted assignment without OnStar’s written consent is null and void. OnStar may assign this Agreement with or without notice to You.

28.2 Relationship. Nothing contained in this Agreement will be construed to make either You or OnStar partners, joint venturers, principals, agents, or employees of the other.  Neither party has any right, power or authority, express or implied, to bind the other.

28.3 Not Insurance. We are not an insurance company.You are responsible for your vehicle insurance. The Services do not provide your vehicle insurance and are not an insurance product. The Services are provided as a convenience. The payments You make for any of the Services are not related to the value of your vehicle or any property in it, or the cost of any injury to or damages incurred by You. You should obtain and maintain appropriate insurance for your vehicle and for any related risks.

28.4 Notices. All notices, requests, consents, approvals, and other communications required or permitted by You under this Agreement must be in writing and shall be deemed given when delivered in hand or five business days after being mailed using a reliable national mail service, registered or certified mail, postage prepaid, and addressed to the customer service vehicle brand contact information in the “Questions” section at the end of these User Terms. OnStar may change its address for notification purposes on giving notice to You. We may issue notices via various channels, including by posting messages on the Website, sending You e-mail, contacting You via our advisors, or using suitable systems available in your vehicle or your Connected Device. You consent to receive such notices and agree that any such notices that OnStar sends to You shall be legally effective. You agree that any notices sent by e-mail satisfy any requirement that the notices be provided in writing. If You do not agree, do not accept this Agreement. You may have the right to withdraw your consent to receiving certain electronic communications, and, when required by law, we will provide You with paper copies of all documents and records upon request. You may do so by contacting us at the phone number or email address provided under the “Questions” section at the end of these User Terms. If You withdraw your consent, we reserve the right to terminate this Agreement. To receive or access the notices we send via e-mail, You must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in Portable Document format (“PDF”). To retain the notices we send You, your device or computer must have the ability to download and store electronic communications, including PDF files. By accepting these terms, You verify that You are able to receive, access, and retain the notices we may send. You may change your e-mail address for notification purposes at any time by contacting us at the phone number or email address provided under the "Questions" section at the end of these User Terms.

28.5 Severability. If any term or provision of this Agreement, or of any document incorporated herein by reference, is held by a court of competent jurisdiction to be contrary to law, then that term shall be severed from this Agreement, and the remaining provisions of this Agreement or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby.  Each provision of this Agreement shall be valid and enforceable to the extent permitted by law and unless prohibited by law. If Section 24.9 is held to be invalid or unenforceable, then for any Claims the parties consent to personal jurisdiction and exclusive venue in the state and federal courts of the Eastern District of Michigan.

28.6 Waiver. No term or condition of this Agreement is waived and no breach is excused unless that waiver or consent is in writing and signed by the party claimed to have waived or consented.  No consent by any party to, or waiver of a breach by the other, whether express or implied, shall constitute a consent to, waiver of, or excuse for any different or subsequent breach.

28.7 References; Headings; Examples. In this Agreement, the article and section headings are for convenience of reference only and will not be considered in the interpretation of this Agreement. Examples given in this Agreement, which may be preceded by “including,” “for example,”  “such as,” or similar language, are solely intended to be illustrative and are not limitative.

28.8 Governing Law. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Michigan, except in relation to any conflict of law provisions which would require application of another choice of law.

28.9 DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER.

(A) our customer service department is available to address any concerns You may have regarding the Services. You may call us at: 1-888-4-OnStar, email us at tty@onstar.com, or send us regular mail at the address listed at the end of this Agreement. Most matters are quickly resolved in this manner to our customer’s satisfaction.

(B) ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A "CLAIM"), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 28.9(D) BELOW, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 28.9 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS.

(C) THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT +1-800-778-7879. TO THE EXTENT THE INITIAL FILING FEE FOR THE ARBITRATION EXCEEDS THE INITIAL FILING FEE FOR A LAWSUIT, WE WILL PAY THE DIFFERENCE IN FEES.

(D) SECTION 28.9(A) DOES NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.

28.10 Limitations on Claims. To the extent permitted by law and unless prohibited by law,You agree that You must file any arbitration request, claim, or cause of action arising out of or related to access to and/or use of the Services or otherwise relating to this Agreement within one (1) year after the events giving rise to such request, claim, or cause of action, or You shall be forever barred from filing such request, claim or cause of action.  This Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

28.11 Language. The parties hereto confirm that it is their wish that this Agreement, and all documents relating hereto, including all notices, have been and shall be drawn up in the English language only.

28.12 Entire Agreement. This Agreement, including the additional terms and policies that are referenced in this Agreement, are the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. You cannot change this Agreement unless OnStar agrees in writing to the change. Unless otherwise provided in this Agreement, for any conflict between these User Terms and other terms, policies or other materials that are referenced herein, these User Terms will govern.

28.13 Questions.The Services are provided by OnStar. If You have any questions, comments or complaints regarding this Agreement or the Services, feel free to contactus at any time by pressing the blue OnStar button in your OnStar equipped vehicle, emailing us at TTY@OnStar.com, or as provided below:

Phone: 1.888.4.ONSTAR (1.888.466.7827)

TTY users only: 1.877.248.2080

(Hearing/Speech Impaired)

Mail: OnStar Subscriber Services

PO Box 1027

Warren, MI 48090-1027