Commercial Link Terms of Use

Introduction

Please read all of these rules for the terms of use (the “Terms of Use”) carefully. The Terms of Use govern your use of and/or visits to www.GMCommercialLink.com (the “Web site”). Separate terms and conditions (the, “Commercial Link Terms”) will govern your access to, and use of, the Commercial Link vehicle management service (“Commercial Link”). You must agree to the Commercial Link Terms at the time you sign up for Commercial Link.



Terms of Use



1. Your Acceptance

A. By using and/or visiting this Web site, you agree to and accept (1) these Terms of Use, and (2) the Privacy Statement found at http://www.gm.com/privacy/. If you do not agree to any of these terms, or the Privacy Statement, please do not use the Web site. The Web site is operated by OnStar LLC ("OnStar"), through various agencies and service providers.



2. The Web Site and Third Party Links

A. These Terms of Use apply to all users of the Web site.

B. The Web site may contain links to third-party Web sites that are not owned or controlled by OnStar, including but not limited to links to Web sites for General Motors dealers (Third Party Web sites). OnStar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Web sites. In addition, OnStar will not and cannot censor or edit the content of any Third Party Web site. By clicking on links, you expressly relieve OnStar from any and all liability arising from your use of any Third Party Web site, or from the content of any Third Party Web site.

C. Accordingly, we encourage you to be aware when you leave the Web site and to read the terms and conditions and privacy policy of each Web site that you visit.



3. Accounts

A. In order to access some features of the Web site and in order to use Commercial Link, you will have to create an account. You may never sign on under another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You should notify OnStar immediately of any breach of security or unauthorized use of your account.

B. OnStar will not be liable for any losses caused to you by any unauthorized use of your account. However, you may be liable for the losses of OnStar or other parties due to such unauthorized use.



4. Cookies and Other Tracking Technologies

We use “cookies” and similar tracking technologies to improve your user experience and to operate our website(s), and for marketing. You can refuse cookies by choosing the appropriate settings in your web browser. See the Cookies and Other Tracking Technologies section of the Privacy Statement for your choices regarding the collection of information via cookies.



5. General Use of the Web site -- Permissions and Restrictions

OnStar hereby grants you permission to access and use the Web site as set forth in these Terms of Use, provided that:

A. You agree not to alter or modify any part of the Web site.

B. You agree not to access Web site content through any technology or any unauthorized means other than user interaction expressly invited on the Web site itself.

C. You agree not to use the Web site, for any commercial use other than expressly authorized by OnStar in the Commercial Link Terms. Prohibited commercial use includes any of the following actions taken without OnStar's express approval:

D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web site in a manner that sends more request messages to the Web site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Notwithstanding the foregoing, OnStar grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. OnStar reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site.

E. You will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.

F. OnStar reserves the right to discontinue any aspect of the Web site at any time.

 

6. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Web site.

A. The content on the Web site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to OnStar and/or its parents or affiliates, subject to copyright and other intellectual property rights under the law.

B. You may access Web site Content only as permitted under this Agreement. OnStar reserves all rights not expressly granted in and to the Web site Content.

C. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution content obtained through the Web site for any commercial purposes.

D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web site or the Content therein.

 

7. Copyright Infringement Notification

To file a copyright infringement notification with us, you will need to send a written communication that contains the following:

Such written notification should be sent to:

GM Commercial Link
100 GM Renaissance Center
Detroit, MI 48265
MC : 482 - A29 - D24
Fax : 313-667-4007



8. Account Termination Policy

A. Violations of these Terms of Use may result in a warning notification or result in termination of your account and deletion of all or any of your content at our sole discretion.


B. OnStar reserves the right to terminate a user's access to its Web site if, under appropriate circumstances, they are determined to be a repeat infringer.

C. OnStar reserves the right to decide whether Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. OnStar may remove any Web site content and/or terminate a user's access for uploading material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.



9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ONSTAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. ONSTAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. ONSTAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ONSTAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.



10. Limitation of Liability

IN NO EVENT SHALL ONSTAR, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Web site is operated and offered in the United States of America. OnStar makes no representations that the Web site is appropriate or available for use in other locations. Those who access or use the Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.



11. Indemnity

You agree to defend, indemnify and hold harmless OnStar, and its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Web site; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Web site.



12. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.



13. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OnStar without restriction.



14. General

You agree that: (i) the Web site shall be deemed solely based in Michigan and (ii) the Web site shall be deemed a passive Web site that does not give rise to personal jurisdiction over OnStar, either specific or general, in jurisdictions other than Michigan. These Terms of Use shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and OnStar that arises in whole or in part from, or that relates to, the Web site shall be decided exclusively by a court of competent jurisdiction located in Detroit, Michigan. These Terms of Use, together with the Privacy Notice at http://www.gm.com/privacy/; and any other legal notices published by OnStar on the Web site, shall constitute the entire agreement between you and OnStar concerning the Web site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and OnStar's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. OnStar reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Web site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.