Non-Assignability by Users; Unrestricted Assignment by GM

What it is

Users cannot transfer or assign their rights or obligations under the terms to any other party, while GM retains the right to assign the terms and any rights or licenses granted under them without restriction.

Why it matters (compliance & governance perspective)

This provision permits GM to transfer the terms and associated content licenses to a successor entity, acquirer, or third party without user consent or notice. In the context of a corporate transaction, this means the content license over User Submissions, including perpetual irrevocable comment licenses, may be assigned to a new entity.

Consumer impact (what this means for users)

Under this clause, GM may assign the terms and the content licenses granted under them to any successor or third party without restriction. Users may not transfer their account rights or obligations to any other person.

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: Assignment clauses in consumer contracts are subject to general contract law principles and may interact with consumer protection statutes that limit unilateral assignment of consumer agreements without adequate notice. The FTC Act may be relevant where assignment occurs without adequate consumer disclosure, particularly if the assignee operates under materially different data or content practices. 2) GOVERNANCE EXPOSURE: Low to Medium. Unrestricted assignment by the service provider is common in platform terms. The primary governance exposure arises from the combination of the unrestricted assignment right with the perpetual irrevocable comment license, which means a successor entity acquires an indefinite license over all user-submitted textual content without any further user consent or notification requirement. 3) JURISDICTION FLAGS: EU consumer contract directives may require adequate notice and potentially consent before assignment of consumer agreements, particularly where the assignment materially changes the terms under which consumer data or content is used. California consumer protection law may impose analogous limitations. 4) CONTRACT AND VENDOR IMPLICATIONS: In the context of a merger, acquisition, or asset sale involving gm.com, the assignee would acquire the full content license portfolio, including perpetual irrevocable licenses over all User Comments submitted to the site. Due diligence in any such transaction should include an assessment of the content license inventory and any associated obligations. 5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the unrestricted assignment provision is paired with adequate consumer notification mechanisms in the event of an actual assignment, particularly where the assignee's data or content practices differ materially from GM's. Privacy notice and terms update obligations should be reviewed in the context of any planned corporate transaction.

Provision details

Other risks in this policy

• Disclosure of GM Relationship Required in Submissions medium
• Account Violation Warning or Termination high
• Banned from Re-Registration After Termination high
• Broad License Granted by User to GM for Submissions high
• GM Disclaims All Warranties on Web Site Use high
• GM Not Liable for Any Damages from Web Site Use high