DISCLOSURES AND Consent to Conduct BUsiness
Electronically
Please print or download a copy of these Disclosures for Your
records after reading them.
We are required
by law to provide certain disclosures to You before You enter into this
transaction electronically. In addition, We need Your consent to enter into
this transaction before We can deliver certain documents to You
electronically. Please read this notice
carefully before giving consent.
This
Disclosures and Consent to Conduct Business Electronically (“Disclosure”)
applies to all Communications for those Policies, Contracts, services and
notices offered or accessible through the Online Service. “Online Service”
means the website and its associated links, services, and Communications
available at MyAricPolicy.com, or available through an associated
mobile application.
The words “We,”
“Us,” and “Our” refer to the company that issues You Your
Contract. The words “You” and “Your” mean You, the individual(s)
or entity that owns the Contract.
“Communications”
means all the information that We are required to provide to You by law, or as
reasonably necessary to administer Your Contract, which includes, but is not
limited to, Your online enrollment or application, declarations page, Policy,
certificate, terms and conditions, responses to claims, transaction history,
privacy policies, periodic billing statements, amendments, services, notices
and disclosures about changes in the
terms of Your Contract.
“Contract”
means a Policy/certificate, Extended Service Contract, or any other product or
service requested by You and issued by Us.
“Policy” means
a written contract of insurance, or written agreement effecting insurance, or
the certificate thereof, and includes all clauses, riders or endorsements, and
declarations page.
“Extended
Service Contract” means a contract or agreement for a separately stated
consideration or for a specific duration to perform the repair, replacement or
maintenance of property or indemnification for repair, replacement or
maintenance, for the operational or structural failure due to a defect in
materials, workmanship or normal wear and tear, with or without additional
provision for incidental payment of indemnity under limited circumstances, but
does not include mechanical breakdown insurance or maintenance agreements.”
1. Scope
of Communications to Be Provided in Electronic Form. You agree that We may provide You with
any Communication in electronic format (the “Paperless Transaction”), and that
We may discontinue sending paper Communications to You, unless and until You
withdraw Your consent as described below or at Our option upon notification by
Us to You.
2. Method
of Providing Communications to You in Electronic Form.
All Communications that We provide to You in electronic form will be
provided by one or more of the following methods: (1) via e-mail; (2) by access
to a secure Web site that We will generally designate in advance for such
purpose; (3) via text message or mobile message service; or (4) to the extent
permissible by law. With respect to text message and mobile messaging service
communications, your carrier may charge you a fee for receiving the
message.
3. How
to Withdraw Consent. You may withdraw Your consent to receive
Communications that We provide to You in electronic form by calling Us at 1-800-535-1333; writing to Us at American Reliable Insurance Company, 8667 E. Hartford Dr, Suite 225, Scottsdale, AZ 85255; or by e-mailing Us at myaricpolicy@americanreliable.com. At Our option, We may treat Your
provision of an invalid e-mail address, or the subsequent malfunction of a
previously valid e-mail address, as a withdrawal of Your consent to receive
electronic Communications. We will not impose any fee to process the withdrawal
of Your consent to receive electronic Communications; however, Your access and
Use of the Online Service may be terminated. Any withdrawal of Your consent to
receive electronic Communications will be effective only after We have a
reasonable period of time to process Your withdrawal. Termination of Your
consent to conduct business electronically shall not affect legal
enforceability of any Contract provided to You.
4. How
to Update Your Records. It is Your responsibility to provide Us with
true, accurate and complete e-mail address, contact, and other information
related to this Disclosure and Your Contract, and to maintain and update
promptly any changes in this information. You can update Your information by
calling Us at 1-800-535-1333; writing to Us at American Reliable Insurance Company, 8667 E. Hartford Dr, Suite 225, Scottsdale, AZ 85255; or by e-mailing Us at MyAricPolicy@americanreliable.com. Please do not send confidential
information to Us via traditional e-mail, as we cannot guarantee that the
transmission will be secure.
5. Hardware
and Software Requirements. In order to access, view and retain
electronic Communications from Us, You must have:
· An up-to-date Internet browser that We support to access Your Contract through the
Online Service.
· Local, electronic storage capacity to
retain Our Communications and/or a printer to print them;
· A valid e-mail account and software to
access it;
· An up-to-date device or devices (e.g.,
computer, Smartphone, tablet, etc) suitable for connecting to the Internet;
· Added the domain MyAricPolicy@americanreliable.com to Your e-mail account’s list of “safe
senders.”
· Software that enables You to view files in
Portable Document Format (“PDF”). You may be able to download the most recent
version of Adobe Reader by clicking
here. If you cannot
download the most recent version of Adobe Reader, please call your manufacturer
to find out how to download software that is functionally equivalent.
6. Requesting
Paper Copies. When You consent to receive Communications
electronically, You should not expect to receive a paper copy of any
Communication, unless You request it or We otherwise deem it appropriate to do
so. You can obtain a paper copy of an electronic Communication by printing it
Yourself or by requesting that We mail You a paper copy, provided that such
request is made within a reasonable time after We first provided the electronic
Communication to You. To request a paper copy, you may calling Us at 1-800-535-1333; writing to Us at American Reliable Insurance Company, 8667 E. Hartford Dr, Suite 225, Scottsdale, AZ 85255; or by e-mailing Us at MyAricPolicy@americanreliable.com. We may charge You a reasonable service
fee for a paper copy, of which We will provide You prior notice, for the
delivery of paper copies of any Communication provided to You electronically
pursuant to this authorization.
7. Communications
in Writing. All Communications in either electronic or
paper format from Us to You will be considered “in writing.” You should print or download for Your
records a copy of this Disclosure and any other Communication that is important
to You or which We instruct You to download and retain.
8. Federal
and State Laws. You acknowledge and agree that Your
consent to electronic Communications is being provided in connection with a
transaction affecting interstate commerce that is subject to the federal (and
State enacted laws similar to) Electronic Signatures in Global and National
Commerce Act, and that You and We both intend that the Act apply to the fullest
extent possible to validate Our ability to conduct business with You by
electronic means.
9. Termination/Changes.
We reserve the right, in Our sole discretion, to discontinue the
provision of Your electronic Communications, or to terminate or change the
terms and conditions on which We provide electronic Communication. We will
provide You with notice of any such termination or change as required by law.
10. E-mail
Address of Record for Contracts with Joint and/or Multiple Owners. You must be able to provide Us with an e-mail address for each
Contract owner at the time of purchase or during maintenance of the Contract.
Only one Contract owner’s authorization is required to enroll in the Paperless
Transactions program.
For purpose of electronic notification, You will need to designate
one of the existing e-mail addresses associated with joint or multiple Contract
owners as the e-mail address of record. The e-mail address of record will be
the only e-mail address that electronic notification will be sent to when
documents are available for viewing. The e-mail address of record must be the
e-mail address of a Contract owner or an insured who has authority to make
transactions and act on behalf of the Contract owner. For example, You may not
designate the e-mail address of a minor or incompetent individual as the e-mail
address of record.
11. Jurisdiction
and Enforceability The
Disclosure and Your relationship with Us under this Disclosure shall be
governed by the laws of the State of Georgia without regard to its conflict of
laws provision. You and Us agree to submit to the exclusive jurisdiction of the
United States District Court for the Northern District of Georgia and the state
courts located within Cobb County, Georgia to resolve any legal matter arising
from the Disclosure. Notwithstanding this, You agree that We shall be allowed
to apply for injunctive remedies (or an equivalent type of urgent legal relief)
in any jurisdiction.
12. Acceptance
and Consent. By consenting to this Disclosure and
Consent to Conduct Business Electronically, You agree to the following
statements:
I have read, understand and agree to be bound by the terms and
conditions described above and consent to receive electronic documents
according to the process described above.
I understand and agree that: (i) I am the applicant for the Contract or am validly authorized by the prospective Contract owner to act on his/her behalf (ii) certain documents will continue to be delivered to me via U.S. Mail that are not included in the Paperless Transactions program and that in the future some or all of these documents may be made available to me as part of the Paperless Transactions program; (iii) my consent to view documents electronically does not automatically expire and is not limited as to duration; (iv) the entity or entities with which I have my Contract and/or their agents may revoke my participation in the Paperless Transactions program at any time at their discretion; (v) neither entity or entities with which I have my Contract, nor their agents will be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the services provided pursuant to this Disclosure; and (vi) additional information provided to me in addition to my Contract contain important information or disclosures concerning my Contract and I agree to review such additional information in a timely manner.