These Terms & Conditions (the “Terms”) are between you (on behalf of yourself and the dealership you work for) and the GMAC Insurance group of companies, (“GMAC Insurance”)including participating GMAC Insurance affiliates and the GMAC group of companies (“GMAC”). These terms govern your use of the www.gmacinsurancerewards.com web site (the “Site”) you are about to enter, as well as the GMAC Insurance and GMAC web sites accessible through this Site (the “Linked GMAC Sites”).
1. Your authority. You certify that you have the authority to enter into this agreement of behalf of the dealership you work for.
2. People authorized to use the Site. The Site is only for use by employees of properly licensed motor vehicle dealerships that have an existing business relationship with GMAC Insurance who have been authorized by the dealership they work for to access and use the Site. You certify that you are eligible to use the Site. You will not allow anyone who is not eligible to access or use the Site, including your customers and suppliers.
3. Information about you. You certify that any information you submit to GMAC Insurance while using the Site or the Linked GMAC Sites is accurate and complete. You will update GMAC Insurance with any changes to this information if necessary.
Information you submit or GMAC Insurance collects related to your use of the Site will be handled as described in the privacy policy posted on the Site.
4. System requirements. To access the Site, you must meet the hardware, software, connectivity and other communication requirements specified by GMAC Insurance for use of the Site. GMAC Insurance may change these requirements from time to time without prior notice. You are responsible for all costs and service fees associated with obtaining, maintaining, and updating hardware, software and communications equipment necessary for access.
5. Passwords and security. You will not improperly use, disclose to, or share with any third parties any password issued to you by GMAC Insurance to use the Site or the Linked GMAC Sites. You are entirely responsible for all activities that occur using your password(s) for either the Site or the Linked GMAC Insurance Sites, even if these activities are unauthorized.
You will employ reasonable security measures to prevent internal and external breach of your network security, including unauthorized access to or use of the Site. You will notify GMAC Insurance immediately of any unauthorized disclosure or use of your password(s) or any other breach of security involving GMAC Insurance. You indemnify and hold GMAC Insurance harmless and GMAC for any loss GMAC Insurance, GMAC, you, or the dealership you work for suffers because of your failure to prevent unauthorized use of the Site with your password.
6. Technical Support. GMAC Insurance will provide technical support directly related to the use of the Site. GMAC Insurance may at any time, without notice, change or end technical support for the Site.
7. Proprietary rights. GMAC Insurance retains full ownership of the Site, the Linked GMAC Sites, and any GMAC Insurance or GMAC trademarks, website marks, service marks, or patented business processes contained therein (the “GMAC Insurance Intellectual Property”). You acknowledge that applicable copyright and other proprietary rights and laws protect GMAC Insurance Intellectual Property.
The following notices apply to your use of the Site:
- Copyright: Copyright 2009 GMAC. All Rights Reserved. All text, images, graphics, animation, videos, music, and other materials on this website are subject to the copyright and other intellectual property rights of GMAC. These materials may not be reproduced, distributed, modified, or reposted to other websites without the express written permission of GMAC.
- Trademarks: The marks appearing on the Site and the Linked GMAC Sites are trademarks and/or service marks of General Motors Company, GMAC, and/or their respective subsidiaries, affiliates or licensors.
The Site and the Linked GMAC Sites contain copyright and trademark notices that you agree to observe and follow.
8. Unlawful or harmful use of the Site. You will not use the Site or the Linked GMAC Sites any way that:
- Unlawful;
- Harms GMAC Insurance or GMAC;
- Impairs the Site or any of the Linked GMAC Sites (or the networks connected to the Site or any of the Linked GMAC Sites); or
- Interferes with any other party’s use and enjoyment of the Site or any of the Linked GMAC Sites. GMAC Insurance has sole discretion to decide whether you have done any of these things.
9. Links to independent web sites & Linked GMAC Sites. Some links provided on the Site may lead to independent web sites. The information presented on those sites is the sole responsibility of those site owners. GMAC Insurance has no control or responsibility for the content of the independent web sites. GMAC Insurance provides these links to you for your convenience. The Site also includes links to Linked GMAC Sites. Linked GMAC Sites may have their own Terms & Conditions that apply to information and services you may access on those Linked GMAC Sites; you agree to review the Terms & Conditions on any Linked GMAC Sites.
10. No warranty. GMAC Insurance does not warrant or guarantee the accuracy or timeliness of any information available from the Site or the Linked GMAC Sites; or make any other warranty with respect to the Site or the Linked GMAC Sites.
GMAC Insurance provides the Site, the Linked GMAC Sites, and any technical support with respect to these sites “AS IS” and “WITH ALL FAULTS”. The entire risk of the quality, performance and accuracy of the Site and the Linked GMAC Sites is on you. GMAC Insurance disclaims all implied warranties of title, merchantability, and fitness for a particular purpose.
11. Liability limitation. GMAC Insurance or any of its affiliates are not liable to you for lost profits or for any special, incidental, punitive, exemplary, indirect, or consequential damages.
12. Changes to the Site and the Terms of Use. GMAC Insurance may change the Site and the GMAC Linked Sites (including deleting features) in any way, at any time, and for any reason.
Without any advance notice, GMAC Insurance may, from time to time and in its sole discretion, modify these terms and conditions by posting new ones on the Site and/or on the Linked GMAC Sites. Your continued use of the Site after GMAC Insurance gives notice of revised terms and conditions is evidence of your acceptance of the revised Terms.
13. Restricting and terminating access. GMAC Insurance may suspend your access to all or any part of the Site and GMAC Linked Sites at any time and for any reason.
14. Other agreements, additional terms notices, and instructions. These Terms do not change any other agreement between you and GMAC Insurance. If any terms of these Terms conflict with the terms of any other agreement between you and GMAC Insurance, then the terms of the other agreement control.
Parts of the Site and the Linked GMAC Sites may also contain additional terms or notices that govern the use of that web site. If any provision of these Terms conflict with any terms or notices on a particular part of the Site or the Linked GMAC Sites, then the terms or notices of the particular part of the Site or the Linked GMAC Sites control.
15. What happens if part of the Terms is invalid? If any part of these Terms is invalid, all other parts remain valid.
16. Time limit on actions. You will not commence any claim or cause of action related to these Terms, the Site, or the Linked GMAC Sites more than one (1) year after such claim or cause of action arises even if a statue or law would otherwise permit you to do so.
17. Applicable law. Federal law and Michigan law (excluding choice of law principles) apply to these Terms.
18. Ending this agreement. GMAC Insurance may end this agreement at any time for any reason, with or without notice. If this agreement ends, you will no longer have the right to use the Site, but the following sections of these Terms still apply:
- Section 5 – Passwords and security;
- Section 8 – Unlawful or harmful use of the Site;
- Section 10 – No warranty;
- Section 11 – Liability limitation;
- Section 16 – Time limit on actions; and
- Section 17 – Applicable law.
BY ENTERING YOUR USER ID AND PASSWORD AND CLICKING THE “LOG IN” BUTTON AND ENTERING THE SITE, YOU INDICATE THAT YOU AGREE TO THE TERMS & CONDITIONS.