Internet Access Agreement
Terms and conditions of use and transactions
Please read these TERMS AND CONDITIONS OF USE AND TRANSACTIONS (“Terms and Conditions”) carefully. By accessing, browsing, or using the online services or functions provided on this Website, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference, along with any applicable laws and regulations. These terms apply to all visitors, users and others who access or use this Website. If you do not agree to all of these terms, do not use this Website. Constellation reserves the right to terminate your access to this Website at any time with or without notice. Constellation reserves the right to change or modify these Terms and Conditions, at any time, without notice, and in its sole discretion. Any modification will be effective immediately upon posting the revisions to this Website, and by using this Website you agree to any modifications and waive any right to receive specific notice thereof. At any time, you may print this page and retain it for your records.
As used in this Agreement, the term “this Website” shall mean www.constellationinsurance.com, www.augustarfinancial.com and any other website published or sponsored by Constellation and includes all pages viewable through the Internet on any website published or sponsored by Constellation. The term “this Website” does not include any page or part of any website not published or sponsored by Constellation that contains an electronic link, or any reference to, www.constellationinsurance.com, www.augustarfinancial.com, or any other website or web page published by or sponsored by Constellation.
As used in this Agreement, the terms “Constellation,” “we,” “our” and “us” refer to Constellation Insurance, Inc. and all its subsidiaries and affiliates, including without limitation AuguStar Life Insurance Company and AuguStar Life Assurance Corporation.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, this Website and all content, materials, functions, information, and services are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose, and course of dealing or trade usage. Without limiting the foregoing, Constellation, its directors, officers, employees, affiliates, subsidiaries, successors and assigns make no warranties or representations (i) that the content, materials, functions and services will be accurate, complete, reliable, error-free, or uninterrupted, or that defects, errors or mistakes will be corrected, and Constellation assumes no liability or responsibility for errors, mistakes or omissions in the Website, or (ii) about the absence or non-transmission of a computer virus or any computer program, software or file that may contain a computer virus or other disruptive, damaging or harmful computer code.
Limitation of Liabilities
You expressly acknowledge and agree that your use of this Website and its contents, materials or functions, and any reliance on the materials, opinions, advice, statement, memorandum, or information, and any third-party hyperlinks, shall be solely at your sole risk. In no event will Constellation, affiliates and subsidiaries, their directors, trustees, officers, employees, agents, independent contractors, vendors, successors and assigns be liable to you or any third party for any claims, demands, causes of action, losses, damages, costs or expenses, whether direct, indirect, compensatory, consequential, special, incidental, expectation, exemplary or punitive , including without limitation personal injury or property damage, pain and suffering, emotional distress, lost revenue or profits, loss of business or anticipated savings or earnings, costs of procuring substitute service, benefit of the bargain, lost opportunity, loss of products, data or use, or any other intangible losses, even if you have notified Constellation about the possibility or likelihood of such losses or damages, arising out of, connected with or in any way relating to
(i) the authorized or unauthorized access or use of,
(ii) the inability to access or use this Website,
(iii) the termination of your access to this Website, or
(iii) the inability to complete any function or transaction on this Website or any of its contents, materials or functions, including without limitation the inability to compete applications for insurance products or coverage, payment of premiums, or the transfer of funds, regardless of the theory of liability or recovery, whether sounding in law or equity, and whether presented in a court of competent jurisdiction, arbitration, mediation, or any other tribunal or forum for dispute resolution.
Release and Indemnity
To the fullest extent permitted by applicable law, you agree to release, defend, indemnify and hold harmless Constellation, affiliates, subsidiaries, their directors, trustees, officers, employees, agents, independent contractors, vendors, successors and assigns from any claims, actions, demands, lawsuits, costs, damages, expenses or other liabilities, including, but not limited to, court costs, witness fees and expenses, and reasonable attorneys’ fees and expenses, directly or indirectly resulting from (i) your access to, or use of, this Website or any of its contents or functions in a manner other than as expressly authorized by these Terms and Conditions, (ii) your breach of any of these Terms and Conditions, or any covenant, representation or warranty you provide herein, (iii) the unauthorized use of or access to this Website by any third person to whom you have disclosed, or who has discovered, your confidential username and password, including any transactions or functions performed by such unauthorized third persons, (iv) any violation of the rights of any third party, or (v) any violation of applicable state or federal laws, rules and regulations.
The trademarks, service marks, trade names, slogans, logos, trade dress, icons, URLs, domain names and other identifiers (“Marks”), registered or not, displayed on this Website are the exclusive property of Constellation, unless otherwise disclosed. Nothing contained on this Website is intended or may be construed or interpreted as granting, by implication, estoppel, waiver or otherwise, any license, right or permission to use, and you are prohibited from using, any Marks for any purpose without the express prior written consent of Constellation. You are also prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, modifying, creating derivative works, or using any content contained or available through this Website for commercial or public purpose, without the express prior written consent of Constellation. You may not include or use any Mark or any variation of the foregoing as a metatag, hidden textual element, or any other indicator that may create the impression of affiliation, sponsorship, endorsement, or any other relationship between Constellation and you, or any other site, person, entity, or organization. Any unauthorized use of any images displayed on this Website, or any other content, materials, or functions on this Website, except as provided herein, may violate copyright laws, trademark laws, privacy or publicity laws, and communications regulations, rules, or statutes.
If you believe that a work protected by a United States copyright has been linked to, posted or stored on this Website without authorization, please contact the following agent designated pursuant to the Digital Millennium Copyright Act (“DMCA”) to receive notification of claimed copyright infringement: Legal, Constellation Insurance Inc., One Financial Way, Cincinnati, Ohio 45242, or [email protected].
“Agent Only” Information
Unless you are a licensed agent, financial planner or registered representative appointed by or associated with Constellation, you may not access any pages, sections, materials, or functions on this Website marked “For Agent Use Only,” “For Financial Professionals Only,” “For Rep Use,” or words and phrases of similar import and meaning. These parts of this Website contain proprietary materials used solely for the training and education of our agents, financial planners and registered representatives, and such communications are not intended for public dissemination.
Use of Online Information
By accessing this Website, existing policyholders and contract owners may make inquiries about the existing policy/contract and perform certain allowable Transactions, which include: (i) the transfer of any amount from an existing portfolio in your policy/contract to any other portfolio available under your policy/contract; (ii) the allocation of future premium or purchase payments among the various portfolios available under your policy/contract; and (iii) any other electronic or on-line transactions or functions that may from time to time be made available by Constellation. If this is applicable to you and you wish to take advantage of these features, you must complete the online registration process, including creating a confidential username and password to be used for identification and security purposes.
Constellation provides the information on this Website solely as a convenience to you. The information shown on this Website is not the official record of the values in your policy or contract. The annual statements and confirmation statements are the official statements of values in your policy/contract. The published current value for your policy/contract on this Website will be the value as of the close of the preceding business day. Although Constellation uses reasonable efforts and diligence to include accurate and current information about your policy/contract, because we cannot control the Internet, and all hardware and software involved in making this Website available, errors or omissions can occur. You are encouraged to confirm the accuracy of any information about your policy/contract you receive through this Website by calling our customer service representatives at 800.366.6654.
You agree to comply with the following guidelines for reviewing information about any policy/contract registered on this Website and for making Transactions:
- Internet access to policyholder/contract owner information and for requesting portfolio transfers and changes in future premium/purchase payment allocations is available daily between the hours of 7:00 a.m. and 8:00 p.m. Eastern Time on every Constellation business day. Transactions finalized prior to the close of the New York Stock Exchange, which is normally 4:00 p.m. Eastern Time, will be processed in this business day using the unit values at the close of the Constellation business day. Transactions finalized after the close of the New York Stock Exchange will be processed the following business day using the unit values at the close of the next Constellation business day. During a regular trading week, transactions requested after 4:00 p.m. on Friday, or after 4:00 p.m. the day before any day Constellation is not open for business, will be processed using unit values at the close of the business the following Monday, or the next Constellation business day.
- For the purpose of determining the value of the portfolios you have elected, each Transaction you make through this Website will be recorded as of the time you confirm the Transaction. Neither the time of the beginning nor the time of the end of your internet session visiting this Website will be the time at which a Transaction is recorded.
- Constellation’s customer service representatives are generally available Monday through Friday, during the hours of 8:30 a.m. and 5:00 p.m. Eastern Time during Constellation business day. If you need assistance with a Transaction, please call customer service representatives at 800.366.6654
- Constellation will maintain a record of all inquiries, requests, instructions, and Transactions made through this Website.
- Constellation will send a written confirmation of each Transaction to the last address of record for the policyholder/contract owner. You are responsible for providing prompt notice to Constellation of any change in your address. If a confirmation statement contains a Transaction completed via the Internet that is not accurate or that you did not request, and you give us satisfactory notice of the error within 10 days of the date of the Transaction, we will rescind the Transaction and, if applicable, restore the cash value of your policy/contract to the amount it would have been if the Transaction had not been completed.
- Constellation will process only one request to transfer values among the available portfolios for each policy/contract each business day.
As an Constellation policyholder or contract owner engaging in online services through this Website, you have chosen a personal, confidential username and password which allows you to access this Website. By obtaining a username and password, you agree that the use of this electronic identification is the legal equivalent to your written signed instructions to Constellation, and that your identity as an authorized user of our Website is determined solely by your username and password. Personally Identifiable Information that you provide through online use of this Website will be stored on secure servers and protected by encryption. These security measures are intended to keep your Personal Information secure and to prevent unauthorized access. Effective security, however, is equally dependent upon you protecting your personal username and password for access to this Website. You are solely responsible for keeping your personal username and password confidential. You are also responsible for logging out and closing your internet browser when your online session is complete to prevent access to this Website through unauthorized use of your username and password.
You understand that anyone who gains access to your personal username and password can access information relevant to your account on this Website and conduct any transactions on your policy/contract that you can. Accordingly, if you give anyone access to your personal username and password, or if you fail to notify us immediately upon learning that anyone else has gained access to your username and password, or accessed your account without your permission, you agree that each such person will be acting as your agent and on your behalf and will be bound by this Agreement and any other agreements governing your policy/contract. You agree that Constellation is unable, and under no obligation, to confirm the identity or authority of any person accessing this Website using your personal username and password.
We are not liable for such other person’s access or actions. We may rely and act on all instructions received via this Website using your personal username and password, and all transactions performed, even if not known, intended, transmitted, authorized, or approved by you, are considered transactions authorized by you. Constellation, its directors, officers, employees, sales associates, affiliates, subsidiaries, successors and assigns assume no responsibility, and shall not be liable for, any damage, loss or injury you may incur as a direct or indirect result of any third-party gaining access to your personal username and password that will give any third party access to information about, and the ability to make Transactions with regard to, your policy/contract.
You must contact us immediately if:
- You need to change, disable, or revoke your username or password;
You believe that your username or password has been lost, stolen or in any fashion compromised such that an unauthorized person could access your account;
- You believe that someone may attempt or has attempted to access your account without your consent; or
- You discover that an unauthorized transaction or error appears on any statement, confirmation, notice, or transaction information provided to you.
You agree, to the fullest extent permitted by applicable law, to release, indemnify and hold harmless Constellation from all losses, costs, damages, and/or expenses, including without limitation all court costs and reasonable attorneys’ fees, resulting in any way from any good faith action taken by Constellation (i) acting upon a transaction accomplished, completed, or requested by anyone using your username or password required for gaining access to this Website, or (ii) refusing within its sole discretion, to execute or process any requested Transaction for which insufficient or inaccurate information has been provided or if other circumstances warrant such refusal.
Disclaimer of Legal or Tax Advice
The information provided on this Website is not written or intended as specific tax or legal advice and may not be relied on for purposes of avoiding any federal or state tax penalties. Constellation, its employees, agents, and representatives are not licensed to provide legal advice or authorized to give tax advice. Individuals are encouraged to seek advice from their own tax or legal counsel.
Disclaimer of Offer of Sale of Securities, Insurance or Financial Products or Services
Except as expressly set forth on this Website, the information and materials contained on this Website are for general educational purposes only, and are not, and may not be construed or interpreted as, an offer to sell or a solicitation to buy any security, insurance product or other financial product or service of Constellation. No security, insurance product or other financial product or service is offered or sold by Constellation will be effective in any jurisdiction (i) in which we are not licensed to conduct business, (ii) where such products are not available, or (iii) where such offer, solicitation, purchase, or sale would be unlawful under the securities, insurance, or other applicable laws of such jurisdiction. Some products and services may not be available in all jurisdictions. Securities products are offered for sale by prospectus only and are generally not available for purchase outside the United States.
Caution Regarding Forward-Looking Statements
Certain statements on this Website may contain information or a statement that includes or is a “forward-looking statement,” which is a statement that does not relate to a past fact or event, but instead to a future event or financial condition.
A forward-looking statement is a present assumption about a future event and may predict, forecast, indicate, or imply future results, performance, or achievement, and often contains words such as “expect,” anticipate,” “believe,” “estimate,” “intend,” “plan,” “project,” “seek,” “will,” “would,” “target,” or words or phrases of similar meaning.
Forward-looking statements by their nature address matters that are inherently uncertain. Forward-looking statements involve known and unknown risks and uncertainties that may cause actual events, results, or performance to differ materially from those implied, projected or anticipated by the forward-looking statements.
These risks and uncertainties include, but are by no means limited to: general economic conditions, including economic and business conditions in Constellation’s core markets; legislative or regulatory changes, or legal or regulatory proceedings adversely affecting financial institutions; actual future performance of financial markets, including emerging markets; prolonged low interest rates or sudden changes or fluctuations in interest rates; prolonged or sudden declines in the equity markets or currency exchange rates; the frequency and severity of insured loss events; deviations in actual experience relating to persistency, mortality, morbidity levels and trends, interest rates or equity markets or trends from Constellation’s assumptions to price its products and establish its reserves; elevated impairments on investments and intangible assets; ratings downgrades; and deteriorations in general economic, financial or business conditions.
It is not possible for Constellation to predict all risk factors, or the impact such risk factors may have on our business, in this highly competitive and rapidly changing risk environment. Given these risks and uncertainties, investors should not place undue reliance on any forward-looking statement as a prediction of future results. Constellation claims the protection afforded by the safe harbor for forward-looking statements in the applicable federal and state securities laws, including specifically the Private Securities Litigation Reform Act of 1995.
Governing Law and Venue
Your use of this Website will be governed in all respects by the laws of the state of Ohio, without regard to choice of law provisions. You consent and submit to the sole and exclusive jurisdiction and venue of the courts located in the state of Ohio, in any legal proceeding directly or indirectly arising out of, connected with or relating to this Website or these Terms and Conditions.
Constellation may terminate or suspend access to this Website immediately, without prior notice, consent, or liability, for any reason or no reason, including without limitation if you breach the terms hereof. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Entire Agreement; Severability; Non-Waiver of Rights or Remedies
Except to the extent otherwise set forth herein, these Terms and Conditions set forth the entire understanding between Constellation and you with respect to your access to and use of this Website and its content and functions, and supersedes all prior or contemporaneous statements, communications, or understandings regarding access, use and transactions. If any portion of these Terms and Conditions is found to be unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. Any failure by Constellation to exercise its rights or remedies provided under these Terms and Conditions will not constitute waiver of such right or remedy, or any other rights or remedies.