All disputes related to gm.com are governed by New York law and must be litigated exclusively in courts located in New York, New York. The terms assert that gm.com is a passive website that does not create personal jurisdiction over GM in any other jurisdiction.
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 requires users in all U.S. states and internationally to pursue claims against GM in New York courts under New York law, which may create a practical barrier for users located outside New York. The assertion that the site is a passive website for personal jurisdiction purposes is a legal characterization that courts may evaluate independently based on the actual nature of the site's interactive features.
Interpretive note: The passive website characterization for personal jurisdiction purposes is a legal position that courts assess independently based on site functionality; interactive features may affect this determination in specific jurisdictions.
Under this clause, users agree that any dispute with GM regarding gm.com must be brought exclusively in New York courts and resolved under New York law. The practical effect is that users located outside New York who wish to pursue claims must do so in a remote forum, subject to New York's substantive law.
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Compare across platforms →"you agree that: (i) the Web site shall be deemed solely based in New York; and (ii) the Web site shall be deemed a passive Web site that does not give rise to personal jurisdiction over GM, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and GM 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 New York, New York.Excerpt from General Motors's GM Terms of Use
1) REGULATORY LANDSCAPE: Forum selection and choice of law provisions are governed by state contract law and federal procedural rules.
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This provision requires users in all U.S. states and internationally to pursue claims against GM in New York courts under New York law, which may create a practical barrier for users located outside New York. The assertion that the site is a passive website for personal jurisdiction purposes is a legal characterization that courts may evaluate independently based on the …
Under this clause, users agree that any dispute with GM regarding gm.com must be brought exclusively in New York courts and resolved under New York law. The practical effect is that users located outside New York who wish to pursue claims must do so in a remote forum, subject to New York's substantive law.
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