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Users are required to defend and financially indemnify GM, including covering attorney's fees, for any claims arising from their use of the site, violations of the terms, violations of third-party rights, or harm caused by their submitted content. This obligation persists after the user stops using the site or the terms are otherwise terminated.
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 to bear financial responsibility for defending GM against third-party claims that arise from user conduct or content, including attorney's fees. The obligation survives termination of the terms, meaning it remains in force indefinitely after a user's account is closed or the agreement ends.
The agreement requires users to indemnify GM for all claims, damages, and attorney's fees arising from their site activity, content submissions, or violations of third-party rights. This obligation continues after a user's account is deleted or the terms otherwise end.
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"You agree to defend, indemnify and hold harmless GM, and its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Web site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Web site.Excerpt from General Motors's GM Terms of Use
1) REGULATORY LANDSCAPE: Indemnification clauses in consumer contracts are subject to scrutiny under state unconscionability doctrine and consumer protection statutes. The FTC Act may be relevant where indemnification terms operate as an unfair or deceptive practice in consumer contracts. The scope of the indemnification, which covers all claims arising from use and access, is broad and may include claims unrelated to intentional misconduct. 2) GOVERNANCE EXPOSURE: Medium. The indemnification obligation applies to all users including individual consumers and extends to attorney's fees. The breadth of the clause, covering claims arising from use and access generally rather than only from intentional or negligent violations, may be subject to challenge in consumer contexts. Courts in some jurisdictions apply limitations on indemnification clauses in adhesion contracts. 3) JURISDICTION FLAGS: California and New Jersey have consumer protection frameworks that may limit the enforceability of broad indemnification obligations against individual consumers. EU consumers are subject to mandatory protections under consumer contract directives that may constrain the enforcement of survival clauses. The survival of the indemnification obligation after account termination warrants particular attention in jurisdictions with strong consumer protection regimes. 4) CONTRACT AND VENDOR IMPLICATIONS: The indemnification obligation does not include any cap on liability or carve-out for claims arising from GM's own conduct, which is atypical in balanced commercial agreements. Legal teams reviewing this clause in the context of business user agreements should assess whether reciprocal indemnification is warranted. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the breadth of the indemnification clause, particularly its application to general use and access rather than only to intentional or negligent conduct, is consistent with consumer contract standards in key jurisdictions. The survival clause should be reviewed in the context of account deletion and data retention workflows.
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This provision requires users to bear financial responsibility for defending GM against third-party claims that arise from user conduct or content, including attorney's fees. The obligation survives termination of the terms, meaning it remains in force indefinitely after a user's account is closed or the agreement ends.
The agreement requires users to indemnify GM for all claims, damages, and attorney's fees arising from their site activity, content submissions, or violations of third-party rights. This obligation continues after a user's account is deleted or the terms otherwise end.
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