TERMS AND CONDITIONS
This web site (”Site”) is sponsored by the General Motors Corporation (“GM) and produced and maintained by Campbell-Ewald Company (collectively “we,” “us,” “our”). By using this Site, you agree to be bound by each of the terms and conditions set forth below and any amendments thereto (”Terms and Conditions”). Please return to this Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on this Site. Please note that your use of certain features of our Site may be subject to additional terms and conditions. By using these features, you also agree to be bound by such additional terms and conditions.
All materials on this Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, Clips and other elements making up this Site (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. To request permission from us, please contact: firstname.lastname@example.org. Our granting of your request shall be at our sole discretion and may be conditioned on the payment of a fee, and the requirement that you secure certain third party permissions and enter into an agreement with respect to your proposed use. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize this Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited. Any GM marks appearing on this website including, but not limited to,: (i) GM and the GM Logo; (ii) Chevrolet, Pontiac, Oldsmobile, Buick, Cadillac, GMC, Saturn and HUMMER and their respective logos, emblems, slogans and vehicle model names and body designs; and (iii) other marks such as Saab, Holden, Opel, Vauxhall, GMAC and ACDELCO are trademarks and/or service marks of General Motors Corporation, its subsidiaries, affiliates or licensors.
Registration for Certain Features
In order to use certain features of the Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of the Site. Any equipment or software causing interference shall be immediately disconnected and we shall have the right to immediately terminate your right to use and access the Site. If any upgrade in or to the Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Site, including the release of new products and services, shall be subject to these Terms and Conditions.
If you opt to register for a particular feature of the Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form (”Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site.
We may provide you with access to some features of the Site without you registering as a user and in each such case your identification is based on means of identification that we deem appropriate.
Products, Services and Advertising on Site and Linked Sites
Submissions / Code of Conduct
You agree that if you submit any notes, postings, ideas, suggestions, concepts, stories, videos, recordings, photos or other material (collectively, “Submitted Material”) submitted through this Site via e-mail, on the message boards, in the chat rooms, or via any other means, you hereby grant to GM and its designee a perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use the Submitted Material in any and all media now or hereafter known throughout the universe without restrictions of any kind or any approvals or consents required from you or any third party. You will not have any claim against us with respect to such use of the Submitted Material, and to the extent, a claim is made against us or any our licensees by any third party with respect to the Submitted Material, you agree to indemnify and hold GM, Campbell-Ewald Company, and their respective affiliated companies, directors, employees, agents, licensees, contractors harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith. You agree that, in the event you make a submission to us (including, without limitation, any postings on our message boards or in our chat rooms): (i) your submission is original with you and accurate, (ii) your submission does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) your submission is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on this Site or using or accessing message board or chat rooms, and we may pursue any remedies available under these Terms and Conditions or at law.
You further agree not to (i) use this Site, the Content, or any products or services included on or available through this Site for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Site are able to type, hacking or defacing any portion of the Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content on the Site.
We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on this Site, in our sole discretion.
Referral Programs; Forward to a Friend Opportunities
We may offer from time to time referral programs that permit you to submit information about other persons (each, a “Referred Person”), including, without limitation, email addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Site and its features. We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, at least 18 years of age, or such other age designated on the sign-up page, and be able to register for the features offered on the Site, download any mobile content or otherwise use the Site. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Site or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he or she appears to be on any of our “do not contact” or “do not e-mail” lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this Site, any service or feature, or any third party for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the Site, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the Site or a particular feature. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges to messages your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the Site. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to additional terms and conditions which shall be posted at the time such programs become available and shall be deemed incorporated into, and subject to, these terms and conditions of Site. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the Site to communicate to a Referred Person (or any third party), you agree not to use the Site to harm the Referred Person or any other third party, and/or use the Site in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
We are committed to respecting your privacy and protecting your personally identifiable information.
Infringement and Regulatory Complaints
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.
We respect the intellectual property of others, if you believe that your work has been copied in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
• A description of the work you claim has been infringed;
• Identification of the work you claim infringes the copyrighted work and a description of where it is located on this Site;
• Your address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law; and
• A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
Corporate Counsel, SVP
30400 Van Dyke
Warren, MI 48093
Disclaimer of Warranties
THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF THIS SITE AND ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS SITE IS AT YOUR SOLE RISK. WE AND OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THIS SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THIS SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE SITE, CONTENT AND SERVICES ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THIS SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
You agree to defend, indemnify and hold GM, Campbell-Ewald Company, and their respective subsidiaries, partners, agents, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan. You agree to submit to the exclusive jurisdiction of the courts located within Wayne County, Michigan. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use this Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
© 2007 General Motors Corporation. All rights reserved.