Welcome to the Auto-Owners Insurance Group of Companies web site (the "Web Site") which provides online bill payment services (the "Services") to you only upon your agreement that your access and use of the Services will be subject to the terms at the following web site: https://www.auto-owners.com/terms-of-use and the following Terms of Services (collectively "TOS"). These TOS are an agreement between Auto-Owners Insurance Company or an affiliated company within or affiliated with the Auto-Owners Insurance Group of Companies which issued the insurance policy/policies which payments are being made under this TOS (“Auto-Owners”) and users of the Services ("you"). These terms may be revised without notice and become effective upon posting on this site and your use of the Web Site. These terms were last revised on 7/31/18.
At the end of this TOS is the Consent Form for Consumers to Receive Electronic Disclosures.
Please read this entire document because it contains important information.
1. DEFINITIONS
The following defined terms are used in these Terms and Conditions:
"Business Day" means Monday through Friday, excluding Federal Reserve holidays.
"Payee" means any third party merchant or other entity to which you authorize a bill payment to be directed outside of the use of this Web Site.
"Payment Account" means the bank account that you authorize Auto-Owners to debit by electronic funds transfer when you make your bill payment to Auto-Owners using account information from your personal checking or savings account.
"Payment Card" means the credit card or debit card that you instruct Auto-Owners to charge to make your bill payment to Auto-Owners.
"Payment Instruction" means your instruction and authorization to make a bill payment to Auto-Owners.
"Scheduled Payment Date" means the Business Day of your choice upon which Auto-Owners will attempt to complete your bill payment and initiate the appropriate debit to your Payment Account or Payment Card.
2. DESCRIPTION OF SERVICES
A. GENERAL SITE USAGE
The Services provide users with access to various on-line resources and unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Services, shall be subject to these TOS. Upon your acceptance of these TOS by clicking on the "I Accept" button below, you are granted a personal, nonexclusive, nontransferable, license to access and use the Services, subject to these TOS, solely for the limited purposes of making an insurance payment to Auto-Owners. The forgoing license includes the specific rights to use the available applications and functionalities of the Services and to print information from the Services. Auto-Owners does, however, reserve the rights to, without notice: (a) modify, suspend or terminate operation of or access to the Services at any time for any reason; (b) modify or change the Services or its applicable operating policies at any time; and (c) interrupt the Services as necessary to perform routine and non-routine maintenance, error corrections, or other changes. Auto-Owners also reserves the right to modify these TOS for any future transactions that you may make using the Services, in which case your continued use of the Services constitutes your agreement to and acceptance of the changed TOS.
B. BILL PAYMENT SERVICE
When you initiate a Payment Instruction, you authorize Auto-Owners to charge your Payment Card or debit your Payment Account and remit funds to Auto-Owners on your behalf so that the funds arrive as close to the Business Day designated by you as is reasonably possible. It is understood that due to circumstances beyond the control of Auto-Owners, some transactions may take a day or so longer to be credited to your Account.
If we are unable to obtain funds for a bill payment for any reason associated with your Payment Card or Payment Account (for example, there is not a sufficient balance available on your Payment Card or in your Payment Account to cover the transaction), then we will not be able to complete your bill payment transaction.
If Auto-Owners makes a bill payment to your Account but is unable to obtain funds for that payment from your Payment Card or Payment Account, you agree that your bill payment will be reversed.
You further agree that by accepting these terms of service, you also authorize our Customer Service Representatives to receive and process single and/or recurring payments Instructions from you over the telephone.
3. LIMITATION OF LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
Commercially reasonable efforts will be made to process your bill payments in accordance with your Payment Instructions. However, Auto-Owners shall incur no liability if a bill payment is not made in a timely manner or if it is unable to complete any payments initiated by you through the Bill Payment Service because of the existence of any one or more of the following circumstances:
4. YOUR REPRESENTATIONS.
You hereby represent and agree that:
a. any and all information that you provide to the us through the Services or Web Site will be accurate and complete;
b. you will not use the Services to access information about any account unless you have authority to do so by the person or company whose account you are accessing;
c. you will not provide any information through the Web Site or Services, including account information, unless you have the authority to provide such information;
d. you will not use the Web Site or the Services for any illegal or improper purposes;
e. you will not use:
i. use any robot, spider, other automatic device to monitor or copy portions of the Web Site or Services or the content contained therein, or
ii. any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or Services;
f. you will not download, reproduce, duplicate, copy or otherwise exploit any portion of the Web Site or Services for the purpose of sale, resale, or making other commercial use thereof, and
g. you will be responsible to agree to and accept the TOS each time you visit the Web Site and will comply with any instructions or electronic communication on the Web Site describing changes to or proper use of the Services.
h. the Web Site is for use only by persons who are located within the United States and you will not access or allow others to access the Web Site while outside of the United States.
5. RELIANCE ON THE INFORMATION FROM THE SERVICES
While reasonable efforts will be made to ensure the accuracy of information on the Web Site and accessible through the Services, you acknowledge and agree to make and rely on your own independent investigation of the completeness, accuracy and suitability of any information or data provided or made available on the Web Site or with the Services before proceeding with any payment transaction.
6. WARRANTY DISCLAIMERS
OTHER THAN AS EXPRESSLY STATED HERERIN, THIS TOS IS NOT INTENDED TO AND DOES NOT CREATE ANY CONTRACTUAL OR OTHER LEGAL RIGHTS IN OR ON BEHALF OF ANY PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND THE WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT USE OF THE SERVICES OR THE WEB SITE IS AT YOUR SOLE RISK. NO WARRANTY IS MADE WHATSOEVER ABOUT THE SERVICES, THE WEB SITE, THE OPERATION OR AVAILABILITY OF EITHER, THE ACCURACY OF INFORMATION PROVIDED ON OR THROUGH THE SERVICES OR WEB SITE. MOREOVER, ALL WARRANTIES OF ANY KIND REGARDING THE WEB SITE AND THE SERVICES ARE EXPRESSLY DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS MADE THAT (A) THE WEB SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) TRANSMISSION OF DATA OR ACCESS TO THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR SERVICES WILL BE AS INTENDED.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THERE SHALL BE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUTO-OWNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM YOUR NON-COMPLIANCE WITH THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
8. TRADEMARKS, COPYRIGHTS & RESTRICTIONS
All materials available through the Web Site or Services, are protected by copyrights and except for the limited license granted above, you may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Web Site or Services.
9. MODIFICATION AND TERMINATION
Auto-Owners reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Site or Services (or any part thereof) with or without notice and you agree that there shall be no liability for any modification, suspension or discontinuance of the Web Site or Services. You agree that Auto-Owners, in its/their sole discretion, may terminate your account (or any part thereof) or use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if there is reason to believe that you have violated or acted inconsistently with the letter or spirit of these TOS. You agree that your access to the Services under any provision of this TOS may be deactivated and all related information and files in your account related to the Services may be deleted as any time any such action will not create any liability.
10. GOVERNING LAW/ARBITRATION
Use of the Web Site or Services and these TOS shall be governed by and construed in accordance with the laws of the jurisdiction, state or commonwealth, in which your policy of insurance was issued (“State”), without regard to the choice of law provisions thereof. Any dispute or claim relating to or arising out of or in connection with use of the Web Site, Services or these TOS shall be finally settled by binding arbitration in the vicinity off the closest city to your residence, or if no residence, the principle location referenced in your insurance policy, where a State District court, or its equivalent, is located using the then current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any party.
11. COMPLETE AGREEMENT/SEVERABILITY/NO THIRD PARTY BENEFICIARIES
These TOS and any agreements governing use of specific portions of the Services constitute the entire understanding between you and Auto-Owners with respect to the Services and your use thereof, superseding all prior written and oral communications and understandings. If any provision or portion of these TOS is not given legal effect by a court of competent jurisdiction, such provision or portion shall drop out of the TOS and the remaining provisions and portions of the TOS shall be construed and enforced. Except to the extent expressly stated herein, these TOS shall not be interpreted or construed to confer any rights or remedies upon any third parties.
CONSENT FORM FOR CONSUMERS TO RECEIVE
ELECTRONIC DISCLOSURES
IMPORTANT INFORMATION WILL BE FURNISHED TO YOU ELECTRONICALLY.
A. READ THIS NOTICE CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
You agree that we shall electronically provide to you disclosures and information related to your account. You must have the ability to print or download the information. By consenting to receive information electronically, you will not have the ability to receive the information in paper form.
Please read the following important information about online Communications before you decide:
B. DISCLOSURES AVAILABLE ELECTRONICALLY
1. By submitting this consent form, you may receive one or more of the following disclosures electronically:
a. Account agreements, schedule of service charges and fees, fee notices including late or returned fees, account disclosures
b. Electronic payment disclosures, including single payment authorization and, if applicable, payment program disclosures
c. Consumer Information Privacy Principles
d. Other information related to your account
2. The above disclosures shall collectively be referred to as “Communications” that Auto-Owners may send to you electronically. All Communications in electronic format from us to you will be considered “in Writing.” You should print or download, for your records, a copy of this Disclosure and any other Communication that is important to you.
C. SYSTEM REQUIREMENTS
To receive the requested disclosures electronically, you will need:
1. Connection to the Internet and an active email address along with a computer and an operating system capable of supporting the items listed in 2 and 3.
2. Microsoft Internet Explorer 8 or higher
Safari 5 or higher
Chrome 23 or higher
Firefox 17 or higher
3. Access to a printer or the ability to download information (which will require sufficient hard-drive space) in order to keep copies for your records. You will also need a current or recent version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader).
The TOS shall be deemed enforceable and agreed to by you regardless of whether or not you provide consent for this Consent Form for Consumers to Receive Electronic Disclosures. By providing your consent for this Consent Form for Consumers to Receive Electronic Disclosures at the end of this agreement, you give your affirmative consent to Auto-Owners to provide electronic Communications to you, as described in this form. You further affirm and confirm that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have provided, or will provide to us a current valid email account, to which, we may send you electronic Communications. By obtaining electronic delivery of Communications, you confirm that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates identified with your Auto-Owners accounts.