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The terms require that any legal claim related to the Web site be filed within one year of when the claim arises, after which the claim is permanently barred under the agreement.
This analysis describes what General Motors's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision contractually shortens the limitations period for all causes of action related to the Web site. The default statutory limitations period for many claim types in New York and other states exceeds one year, and courts in certain jurisdictions have scrutinized or declined to enforce contractually shortened limitations periods for consumer claims depending on the nature of the claim.
Interpretive note: Enforceability of contractually shortened limitations periods varies by jurisdiction and by the nature of the specific cause of action; some state consumer protection frameworks may decline to enforce this provision.
Under this clause, users agree that any legal claim against GM related to gm.com must be initiated within one year of the accrual date, regardless of the longer limitations periods that applicable state or federal law might otherwise provide. The enforceability of this provision may depend on the jurisdiction and the nature of the specific claim.
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"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.Excerpt from General Motors's GM Terms of Use
1) REGULATORY LANDSCAPE: This provision engages state contract law in New York and potentially in any other jurisdiction where a user resides. New York courts have generally permitted contractually shortened limitations periods in commercial contexts, but enforceability in consumer contexts is less uniform across all U.S. states. No specific federal regulation directly prohibits shortened contractual limitations periods for general website terms, though the FTC Act's prohibition on unfair or deceptive practices may be relevant if the clause is not adequately disclosed. 2) GOVERNANCE EXPOSURE: Medium. The one-year limitation applies broadly to all causes of action arising from or related to the Web site, which encompasses a wide range of potential claims. The provision's enforceability against consumers may be challenged in jurisdictions that apply unconscionability doctrine or that have consumer protection statutes limiting the shortening of statutory limitations periods. 3) JURISDICTION FLAGS: California, New Jersey, and certain other states have consumer protection frameworks that may limit the enforceability of contractually shortened limitations periods against consumers. EU and UK users are not addressed. Legal teams should map this clause against the statutory protections available to users in jurisdictions where significant user populations reside. 4) CONTRACT AND VENDOR IMPLICATIONS: The clause does not expressly address whether it applies to GM's claims against users, or only to user claims against GM, though the language states any cause of action arising out of or related to the Web site without directional limitation. This ambiguity should be clarified in any contract review. 5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the one-year limitations period is consistently and conspicuously disclosed in the terms, as enforcement against consumers who were not clearly informed of the shortened period may face challenge. The clause should be reviewed in the context of any class action or multi-jurisdictional litigation exposure.
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This provision contractually shortens the limitations period for all causes of action related to the Web site. The default statutory limitations period for many claim types in New York and other states exceeds one year, and courts in certain jurisdictions have scrutinized or declined to enforce contractually shortened limitations periods for consumer claims depending on the nature of the claim.
Under this clause, users agree that any legal claim against GM related to gm.com must be initiated within one year of the accrual date, regardless of the longer limitations periods that applicable state or federal law might otherwise provide. The enforceability of this provision may depend on the jurisdiction and the nature of the specific claim.
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