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.
Cross-platform context
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Compare across platforms →"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.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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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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