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Submitted URL: https://t.mktg.gm.com/r/?id=h243a767b,37a169a,260f5a3
Effective URL: https://my.gm.ca/gm/en/legal/terms
Submission: On January 26 via api from CH — Scanned from DE
Effective URL: https://my.gm.ca/gm/en/legal/terms
Submission: On January 26 via api from CH — Scanned from DE
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TERMS & CONDITIONS OF USE
Last Updated November 2, 2016
This Owner Account site ("Site") is provided by General Motors of Canada Company
and its affiliates ("GM") for your vehicle information, education and
communication. The mailing address for GM is 1908 Colonel Sam Drive, Oshawa,
Ontario, L1H 8P7. Your access to and use of this Site is subject to the
following Terms and Conditions of Use (the "User Terms") between You and GM. THE
USER TERMS ARE LEGALLY BINDING.
"You" means each person accessing or using the Site.
When You accept the User Terms during our sign-up process or when You access or
use the Site, You are indicating that You have read, understand, and agree to be
bound by these User Terms and the other terms, policies, guidelines and
processes they refer to (collectively, the "Agreement") which include:
•The User Terms;
•The Privacy Statement; and
•Other terms, guidelines, policies, or procedures that we post on the Site or
through your connected mobile device.
If You do not agree with any of these terms, then You should decline these User
Terms during our sign-up process or other methods we make available to You. You
are not permitted to access or use the Site if You do not accept the Agreement.
We reserve the right, at our sole discretion, to modify, restrict, change or
otherwise alter the User Terms or Agreement, in whole or in part; impose limits
on certain features, promotions or services; or to restrict, suspend, or
terminate your access to all or any part of the Site and/or services at any
time, for any or no reason, with or without prior notice, and without liability.
Eligibility:
By accepting the Agreement, You represent and warrant that You have (a) reached
the age of majority in your jurisdiction of residence and have full legal
capacity to enter into binding contracts, or (b) You 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 the User Terms and Agreement. If You do not
satisfy these eligibility requirements, then You should decline this Agreement
using the mechanism we make available to You. You are not permitted to use the
Site until such time as You satisfy these eligibility requirements and agree to
all of the terms of the Agreement.
Registration and Account:
By using accepting the Agreement, You represent and warrant that all
registration information You submit is truthful and accurate and that You agree
to maintain the accuracy of such information. You further represent and warrant
that You are 18 years of age or older and that your use of the Site shall not
violate any applicable law or regulation. Use of the Site is solely for your
personal use, and You shall not authorize others to use your account, including
your profile or email address. You understand that You are solely responsible
for your account activity, including all information, data, text, software,
music, sound, photographs, graphics, video, messages, tags or other materials
published or displayed by You through your account ("Content"), and for your
interactions with other users. This means that You, and not GM, are entirely
responsible for all Content that You upload, post, email, transmit or otherwise
make available via the Site.
You must keep your account and password secure and not disclose them to anyone.
You must notify us immediately of any breach of security or unauthorized use of
your account using our contact information provided in the "Questions" section
at the end of these User Terms.
Use of the Site is solely for your personal use. GM will not be liable for any
losses resulting from unauthorized access to or use of the Site or your account.
However, You may be liable to GM or other parties due to such unauthorized
access and/or use.
Use of the Site by Children:
This Site does not target, through its advertising, appearance, links to other
sites or otherwise, children under the age of 13. If You are under the age of
13, or are a parent of a child under the age of 13, please be aware that we do
not permit registration by and do not knowingly collect any information from
children under the age of 13. If You are a parent or guardian of a child under
the age of 13, You must not allow them to use, or consent to their registration
to use, the Site or any part of the Site.
Membership Terms:
This Agreement will remain in full force and effect while You use the Site. GM
may terminate your Site membership for any reason, at any time. Even after
membership is terminated, this Agreement will remain in effect.
Non-Commercial Use by Users:
The Site is for the personal use of individuals only and may not be used in
connection with any commercial endeavours. Organizations, companies and/or
businesses may not register and should not use the Site for any purpose.
Passwords and compiled names, photos, links and Site content are not to be
transferred or copied from the Site for use with any other product or service.
Illegal and/or unauthorized uses of the Site, including unauthorized framing of
or linking to the Site will be investigated, and appropriate legal action will
be taken, including without limitation civil, criminal and injunctive redress.
Submissions:
We welcome your comments and submissions. However, any materials submitted by
You, comments, feedback, notes, messages, ideas, suggestions, photos, videos or
other communications (collectively, "Materials") sent to GM shall be and remain
the exclusive property of GM. The Materials You submit must not violate or
infringe upon any rights of any third parties. Your submission of any such
Materials shall constitute an assignment to GM of all worldwide rights, titles
and interests in all copyrights and other intellectual property rights in the
Materials. GM will be entitled to use, reproduce, disclose, publish and
distribute any Materials You submit for any purpose whatsoever, without
restriction and without compensating You in any way. Your submission constitutes
your agreement to execute any instruments reasonably requested by GM to confirm
the foregoing assignment. For this reason, we ask that You not send us any
Materials that You do not wish to assign to us.
You are solely responsible for the content of any messages and/or images You
submit, and GM assumes no liability for any content submitted by You. We may,
but are not obligated to, edit, restrict or remove any or all content from a
message that we determine in our sole discretion violates these guidelines or is
otherwise deemed inappropriate by GM for any reason. GM reserves the right to
purge the content You provide after 90 days of creation. Any content You submit
will be routed through the Internet and You understand and acknowledge that You
have no expectation of privacy with regard to any content You submit.
Code of Conduct:
1. You understand and agree that GM may, but is not obligated to, review, edit
or delete any content, messages, photos or profiles (collectively, "Content")
that in the sole judgment of GM violate this Agreement or are deemed by GM to be
inappropriate for any reason, or which might be offensive, illegal, or that
might violate the rights, or harm or threaten the safety of Owner Account Users
("Users").
2. You are solely responsible for the Content that You publish or display
(hereinafter, "post") on the Service, or transmit to other Users. Do not send us
any confidential or proprietary information. Except for any personally
identifiable information we may collect from You under the guidelines
established in our Privacy Statement, any feedback, data, answers, questions,
comments, suggestions, ideas or the like that You do transmit or post to the
Site by electronic mail, message boards, file transfer protocol or otherwise
("Communications") will be treated as non-confidential and nonproprietary. By
posting Content to any public area of the Site, You automatically grant, and You
represent and warrant that You have the right to grant, to GM an irrevocable,
perpetual, nonexclusive, fully paid, worldwide license to disclose, distribute,
incorporate and otherwise use the Communications and all data, images, sounds,
text and other things embodied therein for any and all commercial or
noncommercial purposes.
3. The following is a partial list of the kind of Content that is illegal or
prohibited on the Site. GM reserves the right, but does not have the obligation,
to investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision, including without limitation removing the
offending communication from the Service and terminating the membership of such
violators. It includes Content that:
is patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual; harasses or advocates harassment of another person; involves the
transmission of "junk mail," "chain letters," unsolicited mass mailing or
"spamming," or flooding; promotes or contains information that is false,
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent
manufacturer-installed copy-protected devices, or providing pirated music or
links to pirated music files; imposes an unreasonable or disproportionately
large load on this Site's computing, storage or communications infrastructure,
or attempts to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or
otherwise, or which in any way promotes or facilitates any such activity;
contains restricted or password-only access pages, or hidden pages or images
(those not linked to or from another accessible page); displays pornographic or
sexually explicit material of any kind; solicits personal information from
anyone under 18; provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses; solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
and engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Even though all of this is strictly prohibited, there is a small chance that You
might become exposed to such items, and You further waive Your right to any
damages (from any party) related to such exposure.
You must use the Service in a manner consistent with any and all applicable laws
and regulations.
You may not engage in advertising to, or solicitation of, other Users to buy or
sell any products or services through the Service. You may not transmit any
chain letters or junk email to other Users. Although GM cannot monitor the
conduct of its Users off the Site, it is also a violation of these rules to use
any information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent. In order to protect our Users from
such advertising or solicitation, GM reserves the right to restrict the number
of messages which a Member may send to other Users in any 24-hour period to a
number which GM deems appropriate in its sole discretion.
You may not attempt to impersonate another user or person.
You may not transmit any software or other materials that contain any viruses,
worms, trojan horses, defects, date bombs, time bombs or other items of a
destructive nature.
You may not modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of the Site.
You may not remove any copyright, trademark or other proprietary rights notices
contained in the Site or Content.
You may not "Frame" or "mirror" any part of the Site without our prior written
authorization.
You may not harvest or collect information about Users without their express
prior, written consent.
You acknowledge that GM may or may not pre-screen Content, but that GM and its
designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse or remove any Content that is available via the Site for
any reason.
You acknowledge, consent and agree that GM may access, preserve and disclose
your account information and Content if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the terms and conditions of use;
(c) respond to claims that any Content violates the rights of third parties; (d)
respond to your requests for customer service; or (e) protect the rights,
property or personal safety of GM, its users and the public.
Links:
The Site may contain links to sites that are controlled by third parties. Those
linked sites are not controlled by GM and You acknowledge that GM is not
responsible for the content of any such linked site or any link contained in a
linked site. GM provides such links only as a convenience, and the inclusion of
any link does not imply endorsement by GM of any linked site.
Copyright:
All content included on this Site is used with the permission of GM, such as
text, graphics, logos, icons, images, video, animation and audio clips. The
content on this Site and any material submitted via this Site is the property of
GM and is protected by United States, Canadian and international copyright laws.
You may not distribute, modify, transmit, reuse, re-post or use the content of
the Site for public or commercial purposes, including the text, images, audio
and video without GM's express, prior written permission. The software utilized
on this site is the property of GM and/or its software suppliers and is
protected by United States, Canadian and international copyright laws. You may
download material displayed on the Site for non-commercial, personal use only,
provided You also retain all copyright and other proprietary notices contained
on the materials.
Trademarks:
GM Trademarks, logos and service marks (collectively "GM Trademarks") displayed
on the Site are registered and unregistered Trademarks of GM or others. Nothing
contained on the Site should be construed as granting, by implication, estoppel,
or otherwise, any licence or right to use any GM Trademark displayed on the Site
without the written permission of GM. Your misuse of the Trademarks displayed on
the Site, except as provided in these Terms of Use, is strictly prohibited.
User Disputes:
You are solely responsible for your interactions with other Site users. GM
reserves the right, but has no obligation, to monitor disputes between You and
other Site users.
Privacy:
Use of the Site and any personal information collected by GM are governed by
GM's Privacy Statement.3 The GM Privacy Statement describes the personal
information GM collects, how it is used and with whom it is shared. If You sell,
transfer, lease or dispose of your vehicle You are solely responsible for
deleting information about You contained in the vehicle or the Site, or in your
related account.
Disclaimers:
GM is not responsible for any incorrect or inaccurate Content posted on the Site
or in connection with the Site, whether caused by users of the Site or by any of
the equipment or programming associated with or utilized in the Site. GM is not
responsible for the conduct, whether online or offline, of any user of the Site.
GM assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, user communications.
GM is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Site or combination
thereof, including injury or damage to users or to any other person's computer
related to or resulting from participating in or downloading materials in
connection with the Web and/or in connection with the Site. Under no
circumstances will GM be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of the Site, any Content posted on
the Site or transmitted to others, or any interactions between users of the
Site, whether online or offline. THE SITE AND THE SERVICE ARE PROVIDED "AS-IS"
AND GM EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. GM cannot guarantee and does not promise any specific results
from use of the Site. The Site may be temporarily unavailable from time to time
for maintenance or other reasons. No advice or information, whether oral or
written, obtained by user from GM or through or from the Site shall create any
warranty not expressly stated herein.
Limitation on Liability:
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL
GM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO
LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, EVEN IF GM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our Rights:
GM reserves the right to modify or discontinue the Site in whole or in part for
any reason, at its sole discretion, with or without notice to Users. Each User
agrees that GM will not be liable to the User or any third party for any
modification or discontinuance of the Site. GM reserves the right to terminate
any User's participation in or access to the Site if, in GM's sole judgment,
such User has in any way violated this Agreement.
Fraud:
Fraud or abuse relating to the registration process, providing of personal
information, or use of the Site is a violation of this Agreement. Users are
solely responsible for any fraudulent use that may occur due to the theft of or
sharing of a User's password. Users agree to immediately notify GM of any
unauthorized use of their account or any other breach of security known to them.
The Site is a service provided to an individual User, not a company or other
entity, and a company or other entity may not direct, encourage or allow
individuals to participate for anything other than individual use.
ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE
THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SITE IS A VIOLATION OF
THIS AGREEMENT. GM RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND
TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Export Compliance:
To the extent that there is Software on this Site, it is further subject to
applicable export control laws. To the extent that there is software on this
Site, You represent and warrant that your use of the software and the Site is
not in violation of any applicable export control laws.
Disputes:
If there is any dispute about or involving the Site and/or the Service, by using
the Site, You agree that any dispute shall be governed by the laws of the State
of Michigan without regard to conflict of law provisions and You agree to
personal jurisdiction by and venue in the state and federal courts of the State
of Michigan.
Indemnity:
You agree to indemnify and hold GM and its subsidiaries, affiliates, officers,
directors, agents, information providers, licensors, other partners and
employees (collectively, the "Indemnified Parties") harmless from any loss,
liability, claim or demand, including reasonable attorney's fees, made by any
third party due to or arising out of your use of the Site, or your violation of
this Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above.
Questions:
The Site is provided by GM. If You have any questions, comments or complaints
regarding this Agreement or the Site, feel free to contact us at 1-877-558-8352.
Other:
This Agreement, accepted upon use of the Site and further affirmed by becoming a
User of the Site, contains the entire agreement between You and GM regarding the
use of the Site. The failure of GM to exercise or enforce any right or provision
of these Terms and Conditions of Use shall not constitute a waiver of such right
or provision. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect. The section titles in
these Terms of Use are for convenience only and have no legal or contractual
effect.
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