Last Updated: May 15, 2006
Table of Contents
This agreement is between you and GMACFS and its affiliates ("us" or "we"). This agreement governs your use of GMACFS web sites that you can access after selecting the "Canada" link on the GMACFS home page (The "GMACFS Web Sites").
We offer the GMACFS Web Sites on the condition that you accept this agreement without change. For your convenience, we divided this agreement into sections.
We do not (i) warrant or guarantee the accuracy or timeliness of any information available from the GMACFS Web Sites; or (ii) make any other warranty with respect to the GMACFS Web Sites.
We provide the GMACFS Web Sites "AS IS" and "WITH ALL FAULTS." The entire risk of the quality, performance, and accuracy of the GMACFS Web Sites is on you.
We disclaim all implied warranties of title, merchantability, and fitness for a particular purpose.
We will not be liable to you for lost profits or any special, incidental, or consequential damages related to this agreement or the GMACFS Web Sites.
You certify that any information that you submit to us while using the GMACFS Web Sites is accurate and complete. You will update us with any changes to this information if necessary.
Any personal information you submit or GMACFS collects related to your use of the GMACFS Web Sites will be handled as described in the privacy policies posted on the GMACFS Web Sites.
Other than this personal information, we may treat any information you submit as non- confidential and non-proprietary. We have no obligations with respect to this information and may use it in any way we choose. We may also use the data, images, sounds, text, or other things in this information for any commercial or noncommercial purpose.
You understand that using the Internet involves certain risks including security breaches, transmission errors, and interruptions in availability. You accept these risks when using the GMACFS Web Sites.
Information sent by email may not be secure. If you request information by email, you consent to our responding by email if the law allows it. You accept the risk that a third party may intercept the information in the email you send to us or in our response. We may choose not to respond by email.
Please do not send or request sensitive or confidential information by email.
To access the GMACFS Web Sites, you must meet the requirements found at Site Use. GMAC may change these requirements without notice.
We do not charge you for using the GMACFS Web Sites. But you must pay your own hardware, software, and communication costs for using the GMAC Web Sites.
The following notices apply to the GMACFS Web Sites:
The GMACFS Web Sites contain other copyright and trademark notices that you agree to observe and follow.
You will not use the GMACFS Web Sites in any way that:
We have sole discretion to decide whether you have done any of these things.
You will only access or try to access password protected areas of the GMACFS Web Sites if we provide you a password giving you access to those areas. Otherwise, you will not access or try to access password protected, secure, or non-public areas of GMACFS Web Sites without our written permission.
Some links provided on GMACFS Web Sites may lead to independent web sites. The information presented on those sites is the sole responsibility of those site owners. We have no control or responsibility for the content of independent web sites. We provide these links to you for your convenience.
We intend the GMACFS Web Sites to be used primarily by Canadian residents. The products, programs, and services identified on the GMACFS Web Sites may not be available to persons residing outside Canada.
This agreement does not change any other agreements between you and us. If any terms of this agreement conflict with the terms of another agreement between you and us, then the terms of the other agreement control.
A particular GMACFS Web Site may also contain additional terms or notices that govern the use of that web site. If any terms of this agreement conflict with any terms or notices of a particular GMACFS Web Site, then the terms or notices of the particular GMACFS Web Site control.
You agree to review and follow all notices and instructions on the GMACFS Web Sites.
We may change the GMACFS Web Sites (including deleting features) in any way, at any time, and for any reason.
We may change this agreement by:
We may ask you to confirm your agreement to the revised version of this agreement. Even if we do not, you must still regularly review this agreement and the GMACFS Web Sites for changes or additional terms. If you use the GMACFS Web Sites after the effective date of these changes or additional terms, it means you agree to the changes or additional terms.
Ontario law (excluding choice of law principles) governs this agreement.
If any part of this agreement is invalid, all other parts stay valid.
We may suspend your access to all or any part of the GMACFS Web Sites at any time and for any reason.
We may end this agreement at any time and for any reason, with or without notice. If this agreement ends, you no longer have the right to use the GMACFS Web Sites, but the following sections of this agreement will still apply:
The GMAC Account Centre is one of the GMACFS Web Sites. If you have an eligible account, the GMAC Account Centre gives you online access to:
You must agree to the terms in Section B to use the GMAC Account Centre.
You need to have an active GMAC automotive account to use the GMAC Account Centre. But the GMAC Account Centre is not available for some active accounts. For example, you will not be able to use the GMAC Account Centre if:
You will be told if your account is ineligible when you try to add it to the GMAC Account Centre. If your account becomes ineligible after you have added it, you will not be able to use the GMAC Account Centre for that account while it is ineligible.
We will ask you to pick a username and password when you register for the GMAC Account Centre. The username needs to be a valid email address for receiving messages from us. The password needs to be 8 to 15 characters that are different from your username.
You must keep your username and password safe. You will change your password regularly. We may require you to change your password from time to time.
We may treat actions taken using your username and password as approved by you. You will tell us right away if there is an unauthorized disclosure or use of your username or password. You will also tell us right away if there is some other security breach or fraudulent activity.
Our records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive.
We will try to keep the GMAC Account Centre information up to date. Unfortunately, this information may not always be accurate or current because of processing delays, errors, or other reasons. The information is also subject to the limitations described on the GMACFS Web Sites. For these reasons, you agree that we may update or correct the information you obtain through the GMAC Account Centre at any time.