User Terms for OnStar Guardian
Last Updated March 2, 2023
This software application (the “Application”)
and the services made available to you through the Application (the “Application
Services”) are provided by General Motors Holdings LLC (when offered in the
United States) or General Motors of Canada Company (when offered in Canada) and
their respective affiliates (“GM” or “we” or “us”) via the
authorized Apple or Android smartphone (“Device”) that you own or are
authorized to use. The Application Services may include detection of a crash
event in a vehicle in which you are traveling. The Application Services may
also include the ability to initiate a call to OnStar Advisors, receive roadside
assistance services, and view location and other information of the Devices
owned by or authorized to be used by the members of your “My Family” group. The
Application is available to OnStar Members with select OnStar service plans, but
an OnStar service plan is not required to create an Application
account or to use the Application Service.
These
terms (“Terms”) govern your use of and access to the Application
Services on your Device and are in addition to any terms you may have accepted
for OnStar and connected services. Please review these Terms carefully.
IMPORTANT:
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET
FORTH IN PARAGRAPH I, BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL
BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU ARE GIVING UP THE RIGHT TO SUE
IN COURT OR IN CLASS ACTIONS OF ANY KIND.
When
you click to accept the following terms or when you access or use the Application
Services on your Device, you agree to the following Terms.
A. USE OF APPLICATION SERVICES
1. You may only use the Application Services when it
is safe to do so, in compliance with the law and these Terms, and you may not
use the Application Services offered through your Device while driving.
2. The Application Services are subject to
limitations, including:
a. The Application Services are solely intended for
use in light passenger vehicles (cars and trucks) and motorcycles. A
“motorcycle” is a two-wheeled motorized vehicle with a saddle or seat that can
attain speeds greater than 30 mph on a level surface and can be operated
legally on public roads.
b. The Application will not detect all crashes (for
example, if your vehicle is stationary for an extended period
of time). The vehicle must be moving at a sufficient speed
(approximately 5 miles per hour) for a certain amount of time (approximately 10
seconds) before it can begin to detect a crash event. If a crash is
detected, the Application can connect a call from an OnStar Advisor
automatically on Android smartphones only; all other Devices require you to
answer the call.
c. The Application may not connect to an OnStar Advisor
in all instances. Dial “911” in case of an emergency.
d. A cellular signal, GPS signal, and sufficient
battery life on your Device are required for the Application Services to
operate properly.
e. You must provide all requested Application and
Device permissions for the Application Services to operate properly.
f. The Application Services use and rely upon your
Device’s sensors and functionality, including GPS signal and cellular signal,
and are subject to any inaccuracy and other limitations thereof.
g. Updates made to your Device may impact the ability
of the Application to provide the Application Services.
h. Once you log into the Application, it will continue
to run in your Device’s foreground or background until you log out, even if you
close the Application.
i. Failure to download available updates to the
Application may limit access to the Application Services.
j. Application Services may be limited if the
Application is archived in your Device’s operating system.
3. IF YOU PROVIDE AN EMERGENCY CONTACT, YOU CONSENT TO
US CONTACTING THAT PERSON ON YOUR BEHALF AND PROVIDING THAT PERSON WITH
INFORMATION ABOUT YOU IN CONNECTION WITH THE APPLICATION SERVICES, INCLUDING
YOUR DEVICE’S LOCATION. YOU MUST ALSO OBTAIN PRIOR CONSENT FROM THAT PERSON
BEFORE PROVIDING THAT EMERGENCY CONTACT. YOU MUST ALSO NOTIFY YOUR SELECTED
EMERGENCY CONTACT THAT YOU HAVE SHARED HIS/HER/THEIR PERSONAL INFORMATION WITH
US AND WE WILL USE THAT INFORMATION TO CONTACT HIM/HER/THEM ON YOUR BEHALF.
4. Roadside assistance services are provided by
Allstate Roadside Services for light passenger vehicles (cars and trucks) and
motorcycles only. Limitations on the number and type of roadside assistance
service that may be received apply.
5. We may collect, use, and share information about
you, including the location of your Device as described in the Privacy
Statement for OnStar Guardian available at: https://www.onstar.com/us/en/privacy_statement/
(when offered in the United States) or https://static-content.onstar.com/OnStarMobilePrivacy/OnStarMobilePrivacy.htm
(when offered in Canada).
6.
You may
not use the Application Services to harass or harm any person, or for any
improper, unlawful, or unauthorized purpose.
7.
You are
responsible for maintaining the security of your Device. We are not responsible
for the acts of third parties who may access the Application Services and
information through your Device. You are required to keep your account and
password secure and not disclose them to any third parties. We are not
responsible for the acts of third parties who may access the Application
Services and information through your Device. You should use all security
features of your Device, including any password, locking, or encryption
features, to protect against unauthorized access and use of the Application
Services and your information. In addition, you will ensure that any third
party that you authorize or permit to access the Application Services through
your Device or your account agrees (i) to be bound by
these Terms, and (ii) that GM may pursue any available legal actions or
technical measures directly against such third parties (a) in order to ensure
compliance with these Terms, or (b) where GM otherwise believes such actions or
measures are appropriate to address actual or potential safety, security,
privacy, or compliance issues that may impact you, your Vehicle, or us;
8. You are responsible for ensuring that all members
of your “My Family” group know that anyone with access to the Application
Services through your Device (or through the Device of another member of your
“My Family” group) may be able to access information about their Device,
including the location of their Device. You can disable sharing of your Device
location to the other members of your “My Family” group in the Application’s
settings, but if you disable sharing of your Device location in your Device
settings, some of the Application Services will not function properly.
9.
By using the Application
Services, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms, and to abide by and
comply with these Terms. If you violate or do not agree to these Terms,
then your access to and use of the Application Services is unauthorized. You also
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 Terms. If You do not satisfy these eligibility
requirements, then You should decline this Terms 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 Terms.
10. GM grants you a non-commercial, non-exclusive,
non-transferable, limited, terminable license to use the Application and the
Application Services solely with your Device, throughout the United States and
Canada, subject to your compliance with these Terms. The Application is
licensed, not sold, to you, solely for your personal use. GM retains all right,
title, and interest in and to the Application, the Application Services and all
related data and information, including intellectual property and proprietary
rights and interests.
11. You agree not to modify, copy, alter, reverse engineer, disassemble,
remote, alter, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products or services obtained through the
Application and Application Services without GM’s prior written permission. You
agree not to use any robot, spider, other automatic device, or manual process
to monitor, access, or copy the Application or the content contained in it or
for any other unauthorized purpose without GM’s prior written permission. You
agree not to use any device, software or routine to
interfere with or attempt to interfere with the proper working of the
Application or any activities conducted through the Application. You will use
the Application and Application Services only for your personal, noncommercial
use.
12. 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 Application Services or our or any
other party’s information or materials associated with the Application Services;
13. You will not attempt to breach
any security measures of the Application Services;
14. In the event that you or any
third party authorized by you uses software that accesses, collects, or
analyzes data, interfaces, or services (“Tools”) from or related to the
Application or the Application Services, GM reserves the right to audit and
review the underlying materials and source code for such Tools to fully understand
how such Tools operate, including to assess any potential interference such
Tools may present to the integrity and security of the Application, the
Application Service or any Vehicle, and to determine whether such Tools conduct
activities not authorized by these Terms and the license granted to you
hereunder. In furtherance of the foregoing, you grant, and grant on behalf of
any third party authorized by you to use Tools on the Application or the
Application Services, GM a nonexclusive, fully-paid,
irrevocable, royalty-free license to reverse engineer, dissemble, decompile,
access, use and otherwise exploit the Tools, without liability to GM and
without waiving any of GM’s rights or remedies. Furthermore, GM and its agents
reserve the right to obtain the Tools on GM’s own behalf, with any downloading,
installation and use of the Tools to be governed exclusively by these Terms
with respect to the collection or analysis of data from the Application or the
Application Services irrespective of any terms and conditions generally
applicable to use of the Tools;
15. Your
access to the Application Services may be restricted or terminated for any
reason, including but not limited to, if GM reasonably suspects a risk of fraud
or misuse. GM reserves the right to change, restrict access to, suspend or
discontinue the Application or Application Services at any time.
B.
THIRD
PARTY SERVICES
1.
Your
use of the Application Services may involve services made available to you by
third parties, such as the wireless services provided for your Device by your
wireless carrier, and map and data services. Use of services made available by
third parties may involve you sharing your location, search query, and other
data with these third parties. You can disable sharing of your Device location
in your Device settings. You may also receive promotions and offers from
participating third party retailers through the Application Services. These third party services, promotions and offers, and any related
transactions you enter into are solely between you and the third party. We
cannot guarantee their performance, reliability, or security, and we are not
responsible for any losses or damages they may cause, such as any loss of
personal information through third party network services.
2.
If your
Device is an Apple device, then the following paragraph applies: You are
entering into the Agreement, including these Terms, with GM and not with Apple
Inc. (“Apple”). However, Apple and its subsidiaries are third party beneficiaries
of the Agreement, and Apple may enforce the Agreement. We are solely
responsible, as provided in these Terms, for the Application and its associated
information; Apple makes no warranty with respect to the Application or the
information and has no obligation whatsoever to furnish any maintenance and
support services for the Application. Apple is not responsible for addressing
any claims relating to the Application or its associated information or your
possession or use of the Application, including but not limited to: (i) product liability claims, (ii) any claims that the
Application fails to conform to any legal or regulatory requirement, and (iii)
claims arising under consumer protection and similar legislation. If a third party claims that the Application, its associated
information, or your possession or use of the Application or associated
information infringes a third party’s intellectual property rights, Apple is
not responsible for the investigation, defense, settlement, and discharge of
any such intellectual property infringement claim. You acknowledge that you
have reviewed the App Store Terms located online at http://www.apple.com/legal/itunes/us/terms.html#APPS and that you shall comply with such terms.
C.
Payments.
Any fees for the Application
Services must be paid in advance unless the Application Service offer expressly
states otherwise. If you have a credit card, debit card, bank account or
similar payment account on file with us (collectively, “Payment Account”)
and have set up automatic billing, we will automatically charge your Payment
Account according to the terms of your authorization. If your Application
Service payment due date falls on a weekend or holiday, we may charge you the
next business day. In the event your payment is returned to us for insufficient
or uncollected funds, you authorize us to resubmit the payment. Payment
processing fees associated with your Payment Account, such as currency
conversion fees, insufficient fund fees, reversal fees, or overdraft fees are
your responsibility. We may receive automatic updates of your Payment
Account information from the Payment Account’s financial institution or affiliated
payment network in order to keep your payment
information current. You may update your Payment Account or cancel your
authorization at any time by calling us at 1.888.4.ONSTAR.
D.
FEES.
Fees for the Application 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 your selected
Application Services so that you can cancel the Application Services if you do
not wish to pay the higher price. Any
fees paid by you prior to your cancellation of the Application Services are
nonrefundable.
E. FEEDBACK
1. To help improve the quality of
our websites, mobile apps, and connected vehicle services we may provide user
feedback channels to allow you to share your experiences. By submitting
feedback, you accept the following and agree that you will not use or attempt
to use feedback channels for any unlawful purpose, including any purpose that:
a. Promotes violence, abuse, or
harassment to an individual or group of people;
b. Transmits any advertisements,
solicitations, schemes, or other unsolicited commercial communications;
c. Encourages child exploitation or
otherwise harms minors in any way;
d. Impersonates or otherwise
misrepresents your affiliation with any person or entity;
e. Incites illegal or unlawful activities;
f. Violates any third party's
intellectual property rights;
g. Infringes any third party's
right of privacy; or
h. Unlawfully transmits or uploads
any confidential, proprietary or trade secret information.
2. By submitting feedback, you
grant GM a worldwide, non-exclusive, royalty-free license to use, copy,
reproduce, process, adapt, modify, publish, transmit, display, and distribute
such feedback in any and all media or distribution
methods now known or later developed. You agree that this license includes the
right for GM to promote and improve our services and make any feedback you
submit available to our affiliates and third parties for syndication,
broadcast, distribution, promotion, and publication.
3. No compensation will be paid to
you with respect to any feedback you submit and your use of our websites,
mobile apps, and connected vehicle services are hereby agreed as being
sufficient compensation for the rights granted.
4. You acknowledge and agree that
you are solely responsible for any feedback you provide, including compliance
with applicable laws, rules, and regulations. GM does not take responsibility
for any user feedback and does not endorse any user feedback or opinions
expressed. GM reserves the right at all times, in its sole discretion and
without notice to you, to remove any objectionable feedback and to revoke your
account for violating these
Terms.
F. DISCLAIMER OF WARRANTIES
The
following paragraphs F(1) – F(3) do not limit Section
10 of the Quebec Consumer Protection Act, if such section is otherwise
applicable.
1.
GM
MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES IN RESPECT TO THE
APPLICATION OR THE Application SERVICES.
THE APPLICATION AND THE APPLICATION SERVICES THAT GM MAKES AVAILABLE TO YOU ARE
PROVIDED “AS IS” AND AS AVAILABLE INCLUDING WITH ALL FAULTS AND ERRORS AS MAY
OCCUR THEREIN. GM, ON BEHALF OF ITSELF AND ALL GM AFFILIATES, EXPLICITLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES OF ACCURACY OR NONINFRINGEMENT IN
RESPECT TO THE APPLICATION OR THE APPLICATION SERVICES.
2.
GM DOES NOT PROVIDE ANY
WARRANTIES REGARDING THE AVAILABILITY, PERFORMANCE OR OPERATION OF THE
APPLICATION OR THE APPLICATION SERVICES. GM DOES NOT PROVIDE ANY WARRANTY AS TO
THE AVAILABILITY OF THE APPLICATION OR THE APPLICATION SERVICES OR THAT THE
APPLICATION SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR FREE. GM DOES
NOT PROVIDE ANY WARRANTY THAT THE APPLICATION OR THE APPLICATION SERVICES WILL
CONTINUE IN EXISTENCE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE
OPERATION WILL BE COMPATIBLE WITH CURRENT OPERATION.
3.
SOME JURISDICTIONS LIMIT OR
DO NOT ALLOW THE DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE
ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS
APPLICABLE TO THIS AGREEMENT, IN WHICH CASE GM WARRANTIES SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW. GM DOES NOT GUARANTEE OR WARRANT THE ACCURACY OF
ANY INFORMATION MADE AVAILABLE TO YOU THROUGH THE APPLICATION OR THE
APPLICATION SERVICES.
G.
LIMITATION OF LIABILITY
THE FOLLOWING PARAGRAPHS DO NOT LIMIT SECTION 10 OF
THE QUEBEC CONSUMER PROTECTION ACT, IF SUCH SECTION IS OTHERWISE APPLICABLE. TO THE EXTENT ALLOWED BY LAW AND
UNLESS PROHIBITED BY LAW, GM WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH
THESE TERMS, OR THE APPLICATION OR THE APPLICATION
SERVICES FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR
AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS ARISING OUT OF OR RELATED TO
THESE TERMS, THE APPLICATION OR THE APPLICATION SERVICES. THESE LIMITS AND
EXCLUSIONS APPLY EVEN IF GM 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 GM LIABLE FOR ANY CLAIM UNDER THESE TERMS AND ALLOWED BY LAW, YOU AGREE
THAT GM SHALL ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL
CLAIMS IN THE AGGREGATE UNDER THIS AGREEMENT SHALL BE NO GREATER THAN $100.00.
FURTHER,
THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES
OF GM. TO THE EXTENT PERMITTED BY LAW, GM 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, GM 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 SHALL
GM BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER
(INCLUDING ANY LIABILITY IN TORT), AS TO ANY APPLICATION SERVICES OR
INFORMATION AVAILABLE THROUGH THE SERVICES. GM SHALL NOT BE RESPONSIBLE FOR ANY
THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS
LICENSE NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE
FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW. THIS LIMITATION OF LIABILITY SECTION will survive any expiration OR TERMINATION of
these Terms OR your use of the Application Services.
H.
INDEMNITY
In
consideration of GM’s provision of the Application Services to You, to the
maximum extent allowable by law and unless prohibited by law, You agree to
defend, indemnify and hold harmless GM, and its parent corporation,
subsidiaries, officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Application Services; (ii)
your violation of any term of these Terms; or (iii) your violation of any third
party right, including without limitation any copyright, trademark, property,
publicity or privacy right. These defense and indemnification obligations will
survive any expiration or termination of these Terms and your use of the
Application Services.
I.
DISPUTES AND ARBITRATION; APPLICABLE
LAW
The following paragraphs I(1) – I(4) do not limit Sections 11.1 and 19 of the Quebec
Consumer Protection Act, if such sections are otherwise applicable.
1. ANY MATTER WE ARE UNABLE TO
RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS,
INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A “CLAIM”),
WITH THE EXCEPTION OF THE INTELLECTUAL PROPERTY MATTERS DESCRIBED 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, PROVINCIAL, 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.
2. 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 PROVISIONS SET FORTH UNDER THESE TERMS SHALL
BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT
AGREED TO ARBITRATE CLAIMS.
3. 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.
4. THE ARBITRATION SECTIONS
ABOVE DO 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.
5. When
the Application Services are offered in the United States, these Terms will be
governed by and construed under the laws of the United States (including
federal arbitration law) and the State of Michigan, without regard to conflicts
of laws principles.
6.
WHEN
THE APPLICATION SERVICES ARE OFFERED IN CANADA, THESE TERMS AND ANY DISPUTES
ARISING OUT OF OR RELATING TO IT SHALL BE GOVERNED BY THE LAW OF THE PROVINCE
OR TERRITORY IN WHICH IT IS ENTERED INTO BY YOU. IF THIS SECTION H (DISPUTES
AND ARBITRATION; APPLICABLE LAW) IS HELD TO BE INVALID OR UNENFORCEABLE, THEN
FOR ANY CLAIMS THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE
IN THE CAPITAL CITY OF THE PROVINCE WHOSE LAWS GOVERN THESE TERMS (AS SET OUT
IN THIS SUBSECTION 6), OTHER THAN IN ALBERTA THE VENUE SHALL BE CALGARY AND IN
BRITISH COLUMBIA THE VENUE SHALL BE VANCOUVER.
7. Limitations
on Claims and Survival. The following paragraph does not limit Section 11.1 of
the Quebec Consumer Protection Act, if such section is
otherwise applicable. 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 Application Services
or otherwise relating to these Terms 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. These Terms shall
not be subject to the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded. The terms set
forth in this Disputes and Arbitration; Applicable Law Section of these Terms
will survive any expiration or termination these Terms and your use of the
Application Services.
J. UPDATES
We may update any part of
these Terms from time to time in our sole discretion. When changes are made, we
will notify you of such changes by any reasonable means, including by posting
revised Terms in the Application. We will also update the “Last Updated” date
at the top of these Terms. Your continued use of or access to the Application
Services constitutes your acceptance of such changes. IF YOU DO NOT AGREE TO COMPLY WITH THESE OR ANY FUTURE TERMS, DO NOT USE
OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE APPLICATION SERVICES.
K.
COPYRIGHT
AND TRADEMARK NOTICES
All content of the Application is: Copyright ©2023
General Motors LLC and/or its subsidiaries, affiliates
or licensors. Content may not be reproduced, distributed, modified
or reported without the express written permission of General Motors, LLC.
L.
GENERAL
Except as otherwise provided in these Terms, these
Terms apply from the date of your acceptance until the Application Services are
cancelled or terminated by you or us as permitted in in these Terms. OnStar
Guardian Members without any additional OnStar service plans may cancel the
Application Services by navigating to the settings menu in the Application. OnStar
Members with an OnStar service plan with an OnStar Guardian add-on may only cancel
the Application Services by contacting us at 1.888.4.ONSTAR
at any time. Members cannot cancel Application Services simply by uninstalling
the Application from their Device. That Member does not have to cancel any
other active service plan he or she may have at the same time unless he or she
chooses to do so. The Application Services will no longer be provided to the
other members of the “My Family” group if we or the OnStar Member with the OnStar
Guardian service plan (or OnStar Guardian service plan add-on) cancels the
OnStar Guardian service plan (or OnStar Guardian service plan add-on).
These
Terms for OnStar Guardian and any
other legal notices published by GM on the Application or through the
Application Services constitute the entire agreement between you and GM
concerning the Application and Application Services. If any provision of these
Terms is deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of
these Terms, which shall remain in full force and effect. No waiver of any term
of these Terms shall be deemed a further or continuing waiver of such term or
any other term, and GM’s failure to assert any right or provision under these
Terms shall not constitute a waiver of such right or provision. These Terms,
and any rights and licenses granted in these Terms, may not be transferred or assigned by you but may be assigned by GM without
restriction.
For
further details and limitations, or if you have any other questions, comments
or complaints regarding the Application Services, feel free to contact us at
any time by pressing the blue OnStar button within the Application, emailing us
at TTY@OnStar.com, mailing us at OnStar Subscriber Services at either PO Box
1027, Warren, MI 48090-1027 or PO Box 455, Station A, Windsor, ON N9A 6L7, or
calling us at 1.888.4.ONSTAR (1.888.466.7827), or for
TTY users (hearing/speech impaired): 1.877.248.2080.
The
parties hereto confirm that it is their wish that these Terms
, as well as all other documents relating hereto, including all notices,
have been and shall be drawn up in the English language only. Les parties aux présentes confirment
leur volonté que cette convention, de même que tous les documents, y compris
tout avis, qui s’y rattachent, soient rédigés en langue anglaise.