User Terms for Connected Vehicle Services
Last Updated: November 2020
These User Terms are between You and OnStar Global Services Corporation and its affiliates ("OnStar" or “us” or "we"). They apply to your use of the connected vehicle services we make available to You from time to time as defined below (the “Services”). THESE USER TERMS ARE LEGALLY BINDING. Capitalized terms are defined below in Section 3. CERTAIN PROVISIONS SET FORTH IN THESE USER TERMS MAY NOT BE PERMITTED AND/OR MAY BE CONSIDERED NOT VALID AND UNENFORCEABLE IN SOME JURISDICTIONS, SO THEY MAY NOT APPLY TO YOU. IN ALL CASES, THE PROVISIONS HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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:
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.
MORE INFORMATION ABOUT DISPUTES AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 28.9 (DISPUTES; CLASS ACTION AND JURY TRIAL WAIVER.) BELOW.
User Terms – Connected Vehicle 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:
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 agree to be bound by 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.
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. We may add, change, or remove Services from time to time, as described on the Website or other notices we make available to You. You may cancel the Services at any time, as described in Section 6 below. Here are some highlights of Services that may be available to You:
5. Payment. If You have a credit card, debit card, bank account or similar payment account on file with us (collectively, “Payment Account”), we will automatically charge it monthly according to the terms of your authorization if You have not otherwise pre-paid for Services You have requested. If your billing cycle falls on a weekend or holiday, we may charge you the next business day. In the event your payment is returned for insufficient or uncollected funds, you authorize us to resubmit except as otherwise provided by applicable law. Payment processing fees associated with your Payment Account, such as currency conversion fees, insufficient fund fees, reversal fees, or overdraft fees are your responsibility and will not be reimbursed by us. You may update your Payment Account or cancel your authorization at any time by pressing the blue OnStar button in your Vehicle or by contacting us as set out at the end of this Agreement. 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. For your convenience, we may link your Payment Account with your Vehicle or Apps offered by us to help facilitate your purchases through your Connected Device or your Vehicle. Applicable fees for the Services, if any, must be paid in advance unless the Service offer expressly states otherwise. If You do not have a Payment 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. The price of the Services may change over time, and we will charge the prices then in effect for the applicable payment period. You will be notified of any price increase applicable to Services You are paying for, so that You can cancel the Service if You do not wish to pay the higher price. 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 agree to pay the associated fees. If You elect to continue the Services and agree to pay the associated fees, we will automatically charge those fees to the payment method associated with your account according to the terms of your authorization.
6. Your Right to Cancel the Services at any Time. 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 or contact us as set out at the end of this Agreement, 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. If you are deemed to be an end-consumer under applicable law, you will have ten (10) calendar days to cancel the services and receive a full refund of the price paid, so long as you have not used the service. Otherwise, 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 contact us as set out at the end of this Agreement, or press the blue OnStar button in your Vehicle at any time to get instructions on how to disable the Services 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 by giving You thirty (30) days prior written notice. 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 (including the applicable Service terms). 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 contact us as set out at the end of this Agreement, 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:
Use of the Services is solely for your personal use or your use in connection with a Fleet as permitted in this Agreement. 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 or use.
15. Service Limitations.
15.1 In the Middle East region, the Services are currently only available in the Kingdom of Saudi Arabia, the United Arab Emirates, Kuwait and Bahrain. 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.
15.2 The Services are only available 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. Any stolen vehicle assistance services that may be included with the Services are solely intended to provide assistance in notifying You or authorities of potential theft and to potentially aid in vehicle recovery. These Services do not prevent vehicle or vehicle content theft or protect against damage or loss. We are not responsible for any losses or other harm You may incur in connection with vehicle theft.
15.3 YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR THE SERVICES TO OPERATE.
15.4 The Services may not work if:
15.5 We 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).
15.6 The 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 routing data provided through the Services is safe and legal based on the current conditions.
15.7 We recommend that You carefully read the applicable terms and policies that make up this Agreement, including 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. We are not responsible for the terms of service made available by such third party, including any Wireless Service Provider, and we have no obligations or liabilities under those terms of service.
15.8 We 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, 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:
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:
18. Your Additional Representations and Obligations. You agree that:
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") and hold OnStar Persons harmless 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 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; (iv) arising out of any activities of anyone other than You in connection with the Services conducted through your account; (v) arising out of access to 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:
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, TO COMPLY WITH ANY COURT ORDER, OR AS PERMITTED IN THE PRIVACY STATEMENT.
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 in any aspect of 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 or another party (in each case, the “Complaining Party”) believe any content or any other aspect of the Services or Software infringe the Complaining Party’s copyright, the Complaining Party should send written notice of copyright infringement to our designated copyright agent at the address given below. This notice must provide the following information:
Such written notification should be sent to:
General Motors Holdings LLC
400 Renaissance Center
Detroit, MI 48265
MC : 482-D24-B48
The Digital Millennium Copyright Act notice may not be valid if the notice fails to comply with all of the requirements of this Section. For clarity, only Digital Millennium Copyright Act notices should go to the above Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to OnStar via the contact information provided in the "Questions" section at the end of this Agreement.
23. Trademarks. Any trademarks, logos, and service marks (collectively "Marks") displayed in connection with the Services are the registered and/or unregistered trademarks of OnStar or other third parties. Nothing contained in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of OnStar or the other owner thereof. Your use of OnStar's Marks is strictly prohibited.
24. Export Compliance. You will comply 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 law and any other applicable laws and regulations.
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, which may be modified as described in that document. 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 OSTAR 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 FORONSTAR 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.
27.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, ONSTAR DOES NOT WARRANT THE OPERATION, PERFORMANCE, OR AVAILABILITY OF THE SERVICES, OR ANY OFONSTAR'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.
27.3 TO 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, ANDONSTAR 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.
27.4 TO 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 999/911/112, 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.
27.6 SOME 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 CASEONSTAR'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 OFONSTAR 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 BYONSTAR 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 THATONSTAR 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 THATONSTAR'S AND THE WIRELESS SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY SHALL BE NO GREATER THAN $100.00. THESE LIMITS AND EXCLUSIONS APPLY EVEN IFONSTAR 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.
28.1 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 and do not recommend or endorse any 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. Unless otherwise stated in this Agreement, 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 when sent. You agree that any notices sent by us by e-mail or physical 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.
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. If You are a consumer, this Agreement and all non-contractual obligations related to it shall be interpreted in accordance with and governed by the laws of the country where You live. If You are not a consumer, this Agreement and all non-contractual obligations related to it shall be interpreted in accordance with and governed by the laws of the State of Michigan, USA.
28.9 DISPUTES 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, email us 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"), SHALL BE FINALLY SETTLED BY: (I)THE COMPETENT COURTS OF THE DOMICILE OF THE CONSUMER, IF THE CLAIM IS FILED BYONSTAR AGAINST YOU; OR (II) AT YOUR OPTION, THE COMPETENT COURTS OF THE JURISDICTION: (A) WHERE THE AGREEMENT IS EXECUTED, (B) WHERE THE SERVICES ARE RENDERED; (C) OF THE DOMICILE OFONSTAR; OR (D) WHERE YOU EXECUTE THE ACTS NECESSARY TO ENTER INTO THE AGREEMENT, IF THE CLAIM IS FILED BY YOU AGAINSTONSTAR. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO HAVE A JURY TRIAL.
(C) ANY CLAIM 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 DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT A CLAIM CAN PROCEED ON A CLASS BASIS, THEN THIS PROVISION SHALL BE NULL AND VOID IN ITS ENTIRETY.
28.10 Limitations on Claims. To the extent permitted by law and unless prohibited by law, You agree that You must file any 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 five (5) years 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 Arabic or 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 contact us at any time by pressing the blue OnStar button in Your OnStar equipped Vehicle, calling us on the telephone number listed for Your country on the Website, emailing us at email@example.com, or as otherwise provided online on the Website.
Appendix to User Terms
Standard End User License
Last Updated: November 2020
This Standard End User License (“License”) applies to each App that You access or use in your Vehicle or Connected Device. Capitalized terms, if not defined in this License, are defined in the User Terms. If an App is provided by OnStar, then references to “Provider” in this license means OnStar. If the App is provided by a third party as identified to You when You access the App, then references to “Provider” in this License means the third party identified to You at the time of download. The Provider may present additional terms to You when You access or use an App. In that case, those additional terms apply in addition to the terms of this License, and this License will govern to the extent there are any conflicts. If You do not agree to this License, You must uninstall and not use the Apps.
THE DISPUTE RESOLUTION PROVISION INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THIS LICENSE ALSO INCLUDES A JURY WAIVER.
MORE INFORMATION ABOUT THE CLASS ACTION WAIVER CAN BE FOUND IN SECTION 19 (DISPUTES; CLASS ACTION AND JURY TRIAL WAIVER) BELOW.
1. License. Provider is the owner or licensor of all right, title and interest in and to the App including, without limitation, any content, graphics, audiovisual files, processes, and code, along with all intellectual property rights in the App. Subject to your compliance with this License, Provider grants You a limited, personal, noncommercial (unless a permitted use in connection with Fleet Vehicles), non-transferable, non-sublicensable, revocable, non-exclusive license to install and use the App solely in object code form for its intended purpose as describe in this License and within the App on your Connected Device during the Term (as defined in Section 6 below) of the License. You agree to abide by this License in your installation and use of the App. The App is licensed to You but not sold to You.
2. Provider Updates, Modifications and Deletions. From time to time, Provider or OnStar may remotely update, upgrade, modify, or delete the App for certain reasons, including, without limitation, to enhance App or system functionality or stability or to address potential safety or security concerns. You agree that Provider or OnStar may at any time automatically update, upgrade, modify, delete, or stop supporting the App, or cause the App to be removed automatically from your Connected Device during synchronization with your account. If the App is updated, upgraded or modified, whether to enhance or correct features or functionality, then this License shall apply to the updates, upgrades and modifications in addition to any other terms that are presented to You in connection with the update, upgrade or modification. Neither the Provider nor OnStar has any obligation to provide any customer support for the App or for the use of the application services.
3. Effect of Apps on Connected Devices. You understand that the download, operation and/or use of App(s) may: (i) have an unintended or adverse effect on the Connected Device, any system or software operating in or with the Connected Device, and/or one or more other Apps,(ii) result in a modification or change to the Connected Device, any system or software operating in or with the Connected Device, one or more other Apps, and/or the functionality of any one or more of the foregoing; and/or (iii) render all or a portion of the Connected Device, any system or software operating in or with the Connected Device, and/or one or more other Apps inaccessible or unusable. You understand and agree that the download, operation and use of Apps is at your own risk and is your own responsibility, and that Provider has no obligation to provide customer support for the App or with regard to any effect it may have on the Connected Device, any system or software operating in or with the Connected Device, and/or one or more other Apps.
4. No reverse engineering; re-distribution or security circumvention. You agree not to reverse engineer, disassemble, use in a compilation, decompile, repurpose, distribute, resell or modify the App. You may only copy the App for purposes of transferring the App to your Connected Device and operating the App on your Connected Device. You may not re-distribute the App to other people that do not use your Connected Device or Vehicle. You agree to abide by and will not circumvent any security means or access control technology included in or with the App.
5. Open Source. If the App includes any Open Source Software, then your rights and responsibilities with respect to the Open Source Software shall be governed according to the terms of the applicable Open Source License. “Open Source Software” means software made available to others under the terms of an Open Source License; “Open Source License” means a software license that includes, but is not limited to, terms that: (a) permit distribution or redistribution of the software, including free of charge and for sale, by others without royalty or fee and allows for such distribution/redistribution to include source code and compiled code; (b) permits modifications, compilations, and derived works be created from the software and be distributed under the same terms as the original software; or (c) attach to the software and applies to all persons, entities, groups, organizations and institutions (the “Recipients”) to whom the software is distributed and/or who redistribute the software without the need for the Recipients to execute or otherwise acquire an additional license.
6. Term. This License shall continue until terminated by You or Provider or You cease use of the App (the “Term”). You may terminate this License at any time by uninstalling the App. This License shall terminate automatically at any time upon breach by You of any of the terms of this License and in such event You will cease all use of the App.
7. Service terms and Web Site Terms apply. If You use the App to access or use any service, then You agree to abide by the applicable terms of the service and warrant that You will do so. If You use the App to access or use any web site, then You agree to abide by the applicable terms of the web site and warrant that You shall do so.
8. Data Collection; Use and Back-up. To the extent OnStar is the Provider, OnStar may collect and store information about You and your Vehicle through your use of the Connected Device and the App. Any information collected by OnStar is subject to and governed by the Privacy Statement included and posted with the App.
You have sole responsibility for backing up or archiving any data You use with the App to the extent You have the right to do so. Provider does not have any responsibility for maintaining, archiving, or providing any data You use with the App and shall have no liability for any loss of access to or use of such data.
9. Content provided by Provider. The App may make available to You content that is the property of Provider or of others that give Provider permission to provide it to You. This content is provided only for use through the App on the Connected Device and no right is provided to You to, and You agree not to, copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use or claim any right in the content provided by Provider. You also agree that You will not use content provided by the Provider or through the App to violate any law or harass any person, group or business. If the App links You to any third party website or service, no right is provided to You to, and You agree not to, copy, distribute, modify, perform, broadcast, display, transmit, reuse, repost, use or claim any right in the content provided by the third party website or service unless You have legal permission from the third party. You also agree that You will not use content from the third party website or service to violate any law or harass any person, group, or business.
10. Your Transmissions and Use. You agree not to use the App to transmit or send any information or data that You do not have the right to transmit or send. You also agree that You will not use the App to transmit or send any information or data for any unlawful purpose or to harass any person, group, or business.
11. DATA DISCLAIMER. The App may use various types of data to perform functions for You. YOU ACKNOWLEDGE THAT THE DATA PROVIDED MAY NOT BE ACCURATE AND YOU USE THE DATA AT YOUR OWN SOLE RISK. DATA THAT MAY NOT BE RELIED ON INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING: POSITION (I.E., LOCATION) DATA OBTAINED FROM THE VEHICLE OR OTHERWISE; DATA OBTAINED FROM A WEBSITE OR THIRD PARTY SERVICE PROVIDER; AND DATA OBTAINED FROM IN-VEHICLE SYSTEMS.
12. Content provided by third party sites. You understand that in using the App, You may encounter material that You may find offensive, vulgar, or obscene. You also understand that if You use the App to access services or websites, You may not be able to control search results that may return links or “hits” that You may find offensive, vulgar, or obscene. You use the App at your own risk and neither Provider nor OnStar shall have any liability for content that You or others may find offensive or otherwise objectionable. OnStar is not responsible for examining or evaluating the content or accuracy, does not warrant or endorse and will have no liability for any third party materials, services, or websites.
13. Obey all laws related to operation of motor Vehicle. You acknowledge that the App (unless installed by the Vehicle manufacturer) is not part of your Vehicle delivered to You when You purchase or lease your Vehicle. If You believe that your App is not operating properly, You should, if applicable, use the features of your account to remove the App from your Connected Device. You agree and warrant that You will obey all laws, traffic rules and regulations governing the operation of your Vehicle and You will not use the App in any manner that violates such laws or regulations.
14. No guarantee of operation of features / networks. For services provided through networks, You are responsible for obtaining a contract with a service provider for network connectivity at your own sole cost. For services provided through networks, Provider cannot promise that your communications will not be intercepted by others and cannot promise that connections to websites and services through networks will be available to You, uninterrupted, or error free. You agree that both Provider and OnStar will not be liable for any damages for any loss of privacy occurring in communication over such networks or for any loss of connectivity or loss, error, or failure of other functionality provided through networks.
15. Not operational during all Vehicle modes. The App may provide features and functionality that are not available during operation of your Vehicle.
16. NO WARRANTY. PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN RESPECT OF THE PRODUCT OR ANY SERVICE OR INFORMATION THAT PROVIDER OR THE PRODUCT MAKES AVAILABLE TO YOU. THE PRODUCT, ANY SERVICE AND ANY INFORMATION THAT PROVIDER OR THE PRODUCT MAKES AVAILABLE TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. PROVIDER, ON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR PROVIDER, AND FOR THE BENEFIT OFONSTAR, EXPLICITLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE PRODUCT OR ANY SERVICES PROVIDED THROUGH THE PRODUCT, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
PROVIDER DOES NOT WARRANT THAT THE PRODUCT WILL CONTINUE TO OPERATE OR REMAIN AVAILABLE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS. PROVIDER DOES NOT WARRANT THAT USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED.
PROVIDER DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY THAT THE PRODUCT WILL OPERATE PROPERLY ON YOUR CONNECTED DEVICE, AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR EQUIPMENT AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE PRODUCT.
PROVIDER DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY OF THE ACCURACY OF ANY DATA MADE AVAILABLE TO THE PRODUCT OR YOU THROUGH THE PRODUCT, WHETHER THE DATA IS LOCATION DATA OR ANY OTHER DATA AVAILABLE TO OR THROUGH THE PRODUCT.
IF THE PROVIDER IS A THIRD PARTY, THEN YOU UNDERSTAND THAT THE PRODUCT IS PROVIDED BY THE THIRD PARTY PROVIDER AND THATONSTAR DOES NOT PROVIDE ANY WARRANTY WHATSOEVER (WHETHER MENTIONED IN THIS SECTION OR OTHERWISE) RELATED TO THE PRODUCT OR ANY SERVICE OR INFORMATION PROVIDED BY OR THROUGH SUCH THIRD PARTY PROVIDER PRODUCT.
SOME 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 JURISDICTION’S LAW IS APPLICABLE, IN WHICH CASEONSTAR’S WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
17. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PROVIDER ANDONSTAR AND THEIR RESPECTIVE AFFILIATES AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS THEREOF (“PROVIDER PARTIES”) SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS LICENSE, THE PRODUCT, OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES 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 PRODUCT. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PROVIDER, ONSTAR OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS PROVIDER, ONSTAR, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE PRODUCT OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER,ONSTAR, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00.
FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OFONSTAR. TO THE EXTENT PERMITTED BY LAW, ONSTAR DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER.
TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALLONSTAR BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE APPLICATION SERVICES.ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW.
18. Indemnification. You will indemnify and hold Provider harmless from any and all liabilities, damages, costs, and expense (including legal fees) that it incurs as a result of any third party claim to the extent arising from your breach of this License or any other negligent or intentional misconduct.
19. Disputes; Class Action and Jury Trial Waiver.
(a) Our customer service department is available to address any concerns You may have regarding the Apps or the application services. You may contact us as set out 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 "LICENSE CLAIM") SHALL BE FINALLY SETTLED BY: (I)THE COMPETENT COURTS OF THE DOMICILE OF THE CONSUMER, IF THE CLAIM IS FILED BYONSTAR AGAINST YOU; OR (II) AT YOUR OPTION, THE COMPETENT COURTS OF THE JURISDICTION: (A) WHERE THE AGREEMENT IS EXECUTED, (B) WHERE THE SERVICES ARE RENDERED; (C) OF THE DOMICILE OFONSTAR; OR (D) WHERE YOU EXECUTE THE ACTS NECESSARY TO ENTER INTO THE AGREEMENT, IF THE CLAIM IS FILED BY YOU AGAINSTONSTAR, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO HAVE A JURY TRIAL.
(C) ANY CLAIM 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 DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON, THEN THE PROVISION SET FORTH IN THIS SECTION 19 SHALL BE NULL AND VOID IN ITS ENTIRETY.
20. Applicable law and time limit for filing. If You are a consumer, this Agreement and all non-contractual obligations related to it shall be interpreted in accordance with and governed by the laws of the country where You live. If You are not a consumer, this Agreement and all non-contractual obligations related to it shall be interpreted in accordance with and governed by the laws of the State of Michigan, USA To the extent permitted by law and unless prohibited by law, You agree that You must file any claim, or cause of action arising out of or related to the App or this License within one (1) year after the events giving rise to the claim, or cause of action, or You shall be forever barred from filing such 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.
21. Export compliance. You will comply worldwide with all laws and regulations applicable to the App. You may not use, export, re-export, import, sell, or transfer the App except as authorized law and any other applicable laws and regulations.
22. Federal Acquisitions. If You are acting on behalf of the U.S. federal government or under any activity directed or controlled by the federal government, then the App shall be considered commercial computer software under 48 C.F.R. Chapter 2.
23. Notices. Provider may provide You with notices regarding the App, including changes to this License, by email to your mail address associated with your OnStar account if available, by regular mail, or by postings presented through the Apps or application services in your Vehicle or your Connected Device.
24. Miscellaneous. You may not assign this License without permission of Provider. You, Provider and OnStar are independent contracting parties. If the App is provided to You by a third party Provider, You agree that OnStar and its subsidiaries are third party beneficiaries of the License and thus OnStar or its subsidiaries can enforce this License against You even if it is not the Provider of the App provided that if the doctrine of third-party beneficiaries is found to not apply for any reason, the parties acknowledge and agree that while OnStar is not a party to this License and has no obligations under this License, the Provider is a trustee of OnStar for the limited purpose of holding in trust for OnStar the covenants in favor of OnStar. Accordingly, the parties agree that OnStar may enforce such rights and agreements in its own right (without being required to add the Provider as a party to any proceedings for such enforcement). If any term of this Agreement is invalid or unenforceable, then it shall be severed from this Agreement and the remainder of the agreement shall remain in full force and effect. No condition of this License shall be deemed waived unless waived in writing by the party claimed to have waived. This License is 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 License unless Provider agrees in writing to the change. Provider may modify this License by providing notice to You, and if You do not agree with any modification, then You must stop using the App. Your continued use of the App will be deemed acceptance of such modifications.
25. Questions. If You have any questions, comments or complaints regarding this Agreement or the Services, feel free to contact us at any time by pressing the blue OnStar button in Your OnStar equipped Vehicle, calling us on the telephone number listed for Your country on the Website, emailing us at firstname.lastname@example.org, or as otherwise provided online on the Website.