Legal Disclaimers and Terms of Use
- General Disclaimer
- AUL’s Annuity Disclaimer
- Prospectus Disclaimer
- Product Descriptions
- Calculators
- Downloads
- Indemnification
- Eligibility
- The OneAmerica companies Web sites
- Equipment
- Limitation of Access
- Information and Password Protection
- Copyright and Trademark Notices
- Compliance
- Limitation of Liability
- Warranties Disclaimer
- Site Links
- Governing Laws
- Dispute Resolution
- Risk of Loss
- Viruses
- Miscellaneous Terms
[Top]General Disclaimer
OneAmerica Financial Partners, Inc., is a stock holding company. It is not a licensed insurance company. The OneAmerica® companies are licensed and authorized to conduct business as follows:
- American United Life Insurance Company is licensed and authorized to conduct life insurance business in every state of the United States except New York. (NAIC #60895)
- OneAmerica Securities is licensed and authorized to conduct securities-related business in all of the United States.
- Pioneer Mutual Life Insurance Company is licensed and authorized to conduct life insurance business in every state except Alaska, New York and North Carolina. (NAIC #67911)
- The State Life Insurance Company is licensed and authorized to conduct life insurance business in every state except New York. (NAIC #69116)
OneAmerica Financial Partners, Inc., the OneAmerica Companies listed above and any affiliate or subsidiary of said entities are collectively referred to hereinafter as "OneAmerica".
The Web sites of the OneAmerica companies are in no way to be construed as an offer for the sale of securities, insurance products or retirement plans in unauthorized states or countries.
[Top]AUL's Annuity Disclaimer
Retirement plans from American United Life Insurance Company® (AUL) are funded by AUL annuity contracts. While a participant in an annuity contract may benefit from additional investment and annuity related benefits under the annuity contract, any tax deferral is provided by the plan and not the annuity contract.
Registered group variable annuity contracts issued by AUL are distributed by OneAmerica Securities, Inc., Member FINRA, SIPC, a Registered Investment Advisor, One American Square, P.O. Box 1984, Indianapolis, IN 46282, (317) 285-1877, which is a wholly owned subsidiary of AUL.
[Top]Prospectus Disclaimer
When applicable, this material must be preceded or accompanied by a prospectus that contains more complete information about charges, risks, limitations and expenses. Investors should consider the investment objectives, risks and charges and expenses of the fund before investing. The prospectus contains this and other information about the company. To obtain a prospectus, please contact your representative or the company. Investors should read the prospectus carefully before investing or sending money.
[Top]Product Descriptions
The product descriptions on the OneAmerica Web sites do not constitute solicitations in connection with any products or services. If you would like to know more about a product or service, contact a licensed financial professional in your area.
[Top]Calculators
Financial calculators and/or calculation tables included on the OneAmerica Web sites are for illustration purposes only and should not be the sole source for financial planning decisions. Contact your tax advisor or financial advisor before making any changes to your financial plan.
[Top]Downloads
OneAmerica does not make any express or implied warranties, representations or endorsements with respect to downloadable files of the OneAmerica Web sites. They may be downloaded and/or reprinted for personal use only. If you wish to reproduce any document or graphic, in whole or in part, from this site for non-personal purposes, you must first request permission in writing from the appropriate OneAmerica copyright holder.
[Top]Indemnification
We reserve the right to make changes to the OneAmerica Web sites and our legal disclaimers. We encourage you to review the Web sites and these disclaimers periodically for any updates or changes. Your continued access or use of this site shall be deemed your acceptance of these disclaimers and any subsequent changes.
You acknowledge and agree that you are personally responsible for your conduct while using our secure Web sites and agree to indemnify and hold OneAmerica, their subsidiaries, affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that OneAmerica may incur in connection with a third-party claim or otherwise in relation to your use of a secure Web site or your violation of these Terms of Use or the rights of any third party.
[Top]Eligibility
Usage of the OneAmerica Web sites are restricted to authorized users. These Web sites are intended to be used by adults only. If you allow a minor to access the Web sites on your behalf, you agree that you will be solely responsible for such minors’ use, action and access to the Web sites. Unauthorized access is strictly prohibited and in violation of federal laws.
These Legal Disclaimers and Terms of Use state the terms and conditions that govern your use of the all the OneAmerica secure Web sites. When you use or access, or permit any other person(s) to use or access, these Web sites, you agree to the terms and conditions of these Legal Disclaimers and Terms of Use. OneAmerica may amend or change these Terms of Use from time to time without notice to you, in our sole discretion and at any time, by posting the updated terms on the site. Please access and review these Legal Disclaimers and Terms of Use regularly. Your continued use of our secure sites, indicate your acknowledgement and acceptance of these terms. If you find the Legal Disclaimers and Terms of Use unacceptable to you at any time, please discontinue your use of the OneAmerica Web sites.
These terms and conditions are in addition to those that apply to any contractual relationships or policies you may have with one or more of the OneAmerica companies. Where appropriate, please review those specific terms and conditions.
As used in these Legal Disclaimers and Terms of Use, "you" or "your" refers to each person(s) subscribing to, using or accessing any of the OneAmerica Web sites.
[Top]The OneAmerica companies Web sites
The OneAmerica Web sites offer a variety of content, forms, guides, products and services. OneAmerica grants to you, for your personal or professional purposes only, a nonexclusive, limited and revocable right to access and use these sites. You agree not to use our Web sites for any other purpose, including commercial purposes, such as co-branding, framing or linking, without OneAmerica’s prior written consent.
[Top]Equipment
You are responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary to use or access any aspect of the OneAmerica Web sites. OneAmerica will not be responsible for any errors or problems that arise from the malfunction or failure of your hardware, software or any Internet access services.
[Top]Limitation of Access
OneAmerica may terminate, suspend or limit your access privileges to any of the Web sites of OneAmerica, in whole or in part, in our sole discretion, at any time without prior notice.
[Top]Information and Password Protection
To prevent unauthorized access to your accounts and to prevent unauthorized use of any of the OneAmerica companies secure Web sites, you agree to protect and keep confidential your account number, PIN, user ID, password or other means of accessing your accounts from any person not authorized to access your accounts. The loss, theft or unauthorized use of your account numbers, PINs, user IDs and passwords could cause inappropriate use of a secure site and submission of information to the Enterprise. If you disclose your account numbers, PINs, user IDs and/or passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity to use a OneAmerica companies secure Web site(s) or to access or use your account numbers, PINs, user IDs, passwords or other means to access your accounts, you are responsible for any transactions and activities authorized from your accounts. If you believe someone may attempt to use or has used the secure Web site without your permission, or that any other unauthorized use of your account numbers, PINs, user IDs and passwords or security breach has occurred, you agree to immediately notify OneAmerica by calling (317) 285-1877 during normal customer service hours.
When you register for a OneAmerica company secure Web site, you will be required to provide certain personal information. You agree to provide true, accurate, current and complete information about yourself on the registration form and to maintain and promptly update such account information.
[Top]Copyright and Trademark Notices
The images, text, screens and Web pages appearing within the Internet sites are owned by OneAmerica, or others, as indicated, and are protected by copyright laws. You agree not to copy, display, distribute, download, license, sub-license, modify, publish, repost, reproduce, reuse, sell, transmit, create a derivative work from or otherwise use for public or commercial purposes, the information and materials on the sites without OneAmerica’s express written permission. Unless otherwise noted, all other trademarks, service marks and logos used on the sites are the trademarks, service marks or logos of OneAmerica Financial Partners, Inc., or others as indicated.
[Top]Compliance
You agree the information contained in the sites will be consulted for proper and efficient submission of coverage, claim, billing and underwriting requests. In addition to these Terms of Use, you agree to comply with all applicable agreements, including, without limitation, the Subscription Agreement/Application you received when applying for coverage with a OneAmerica company, the Administrative Manual accessible via the site, forms and their instructions, and any of the agreements you received when applying for or receiving coverage with a OneAmerica company and with all applicable state and federal laws and regulations. In the event of a conflict between the terms of these Terms of Use and your applicable agreements with us, the terms of those agreements will control. You understand and agree that only a OneAmerica company has authority to determine insurability, the effective date of insurance coverage and the amount of insurance coverage; to interpret and administer any of the requirements set forth in the policy; and to amend the policy by signature of the duly authorized president or secretary of a OneAmerica company. Benefits under policies will be paid only if a OneAmerica company decides in its discretion the applicant is entitled to them.
[Top]Limitation of Liability
These Terms of Use state OneAmerica’s entire liability and your exclusive remedy as it relates to our secure Web sites. In no event shall any OneAmerica Company, be liable for any loss, injury or damages, whether direct, indirect, special, incidental, exemplary or consequential, including lost profits, arising from or related to any access to or use of our secure Web sites, or the installation, use or maintenance of your personal computer hardware, equipment, software or any internet access services.
[Top]Warranties Disclaimer
Except as otherwise expressly provided in any applicable agreement, you understand and agree that your use of our secure Web sites is at your sole risk and that the services and all information, products and other content (including third-party information, products and content) included in or accessible from the site, are provided on an "as is", "where is" and "where available" basis, and are subject to change at any time without notice to you. You acknowledge that OneAmerica makes no warranty that the services will be uninterrupted, timely, secure or error-free unless otherwise stated on the site or in any applicable agreement.
To the fullest extent permitted by law, OneAmerica disclaims all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including, but not limited to, the warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights) as to our secure Web sites and all information, products and other content (including third-party information, products and content) included in or accessible from the sites.
[Top]Site Links
The sites may contain links to other third-party Web sites. OneAmerica is not responsible for, nor does it control, the content, products or services provided by linked sites. OneAmerica does not endorse or guarantee the products, information or recommendations provided by linked sites, and is not liable for any failure of products or services advertised on those sites. In addition, each third-party site may provide less security than OneAmerica and have a privacy policy different than that ours. Your access, use and reliance upon such content, products or services are at your own risk.
[Top]Governing Laws
These Terms of Use and its enforcement shall be governed by the laws of the State of Indiana, without giving effect to any principles of conflict of laws. In the event any of the provisions of these Terms of Use shall be determined by a court of competent jurisdiction to be invalid, any such provision determined to be invalid shall not affect the validity of all remaining provisions. These Terms of Use are transferable to our successors and assigns, whether by merger, consolidation or otherwise. The policies and/or certificates accessed via OneAmerica’s secure Web sites shall be governed by laws of those agreements.
[Top]Dispute Resolution
Any controversy or claim arising out of or relating to this agreement, or use of a OneAmerica Web site, shall be decided by arbitration in accordance with the Federal Arbitration Act, the procedures of the commercial arbitration rules of the American Arbitration Association and this agreement. The Court of Arbitrators, which is to be held in the city where OneAmerica Financial Partners, Inc. Home Office is domiciled, shall consist of three (3) arbitrators familiar with insurance products and Web site related matters. The selection of the arbitrators shall be conducted within thirty (30) calendar days after proper service of a demand for arbitration. One of the arbitrators shall be appointed by OneAmerica Financial Partners, Inc., one by you, and the third shall be selected by the first two appointees prior to the beginning of arbitration. Should the two arbitrators be unable to agree upon the choice of a third, the appointment shall be left to the president or any vice president of the American Arbitration Association. The arbitrators shall decide by a majority of votes, the award shall be in writing, the decision shall be signed by a majority of the arbitrators, and they shall include a statement regarding the reasons for the disposition of any claim. Judgment on the award rendered by the arbitrators may be entered by any court having jurisdiction thereof. The parties are not precluded from challenging the decision under the Federal Arbitration Act or applicable law. Each party shall bear the expense of its own attorney and arbitrator, and shall share equally with the other party the expenses of the third arbitrator and of the arbitration. The parties agree that OneAmerica is engaged in interstate commerce, and the transaction is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator(s), which determination shall be conclusive. All discovery shall be completed within sixty (60) calendar days following the appointment of the arbitrator(s) or longer following mutual agreement by the parties.
[Top]Risk of Loss
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
[Top]Viruses
While OneAmerica does its best to protect its customers and its data, the possibility exists that files available for downloading may contain viruses, worms, Trojan horses or other code that has contaminating or destructive properties. It is your responsibility to scan any and all downloaded materials received from the Internet.
[Top]Miscellaneous Terms
Not all the products or services described on our sites are available in all geographic areas. Therefore, you may not be eligible for all the products or services described. OneAmerica reserves the right to determine your eligibility for any product or service.
OneAmerica may use “cookies” or related technology to track the usage of the Web site. OneAmerica reserves the right to monitor your access and use of our secure Web sites. We may record or log your use in a manner that is consistent with our Privacy Policy.
OneAmerica respects the privacy of your personal information. However, it must be understood that the Internet is not a completely secure medium of communication. OneAmerica cannot guarantee the privacy of any information you input on this Web site or send to us via the Internet. OneAmerica will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information. You are solely responsible for maintaining the confidentiality of an individual’s information when communicating with us. The use of e-mail to send confidential information is discouraged. However, if you choose to send confidential information electronically, OneAmerica recommends the confidential information be sent via encryption. This information includes data that can positively identify an individual such as Social Security number, complete legal name and/or complete address.
OneAmerica will not be deemed to have waived any of our rights or remedies under these Terms of Use unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.