CADILLAC TERMS OF SERVICE
Last Modified: August 30, 2021
Introduction
Thank you for your interest. Please read all of these terms and conditions carefully.
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1. Your Acceptance
A. By using the Cadillac Europe website, you agree to and accept (1) these terms and conditions (the "Terms of Service"), and (2) the Privacy Statement. If you do not agree with the Terms of Service, or the Privacy Statement, please do not use the website.
2. The Website and Third Party Links
A. These Terms of Service apply to all users of the website.
B. The website may contain links to third-party websites that are not owned or controlled by Cadillac, including but not limited to links to websites for providers of financing for GM vehicles (Third Party websites). Cadillac has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party websites. In addition, Cadillac will not and cannot censor or edit the content of any Third Party website. By clicking on links, you expressly relieve Cadillac from any and all liability arising from your use of any Third Party website, or from the content of any Third Party website.
C. Accordingly, we encourage you to be aware when you leave the website and to read the terms and conditions and privacy policy of each website that you visit.
3. Accounts
A. In order to access some features of the website, you may have to create an account. By using or creating an account, you agree to the Account Guidelines.
4. General Use of the website -- Permissions and Restrictions
Cadillac hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that:
A.You agree not to alter or modify any part of the Website.
B. You agree not to access website content through any technology or any unauthorized means other than user interaction expressly invited on the website itself.
C. You agree not to use the website for any commercial use. Prohibited commercial use includes any of the following actions taken without Cadillac's express approval:
- Sale of access to the website or its related services on another website;
- Use of the website or its related services for the primary purpose of gaining advertising or subscription revenue;
- The sale of advertising, on the website or any third-party website, targeted to website content;
- Any use of the website or its related services that Cadillac finds, in its sole discretion, to use Cadillac's resources with the effect of competing with or displacing the market for the website content or any products or services featured on the website.
D. Prohibited commercial uses do not include:
- Any use that Cadillac expressly authorizes in writing.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the website in a manner that sends more request messages to the website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Notwithstanding the foregoing, Cadillac grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cadillac reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website.
F. You will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
G. Cadillac reserves the right to discontinue any aspect of the website at any time.
5. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the website.
A. The content on the website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Cadillac, subject to copyright and other intellectual property rights under the law.
B. You may access website Content only as permitted under these Terms of Service. Cadillac reserves all rights not expressly granted in and to the website Content.
C. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution content obtained through the website for any commercial purposes.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
6. Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that contains the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our Website that is claimed to be infringing, with information reasonably sufficient to allow us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notification should be sent to:
Cette notification écrite doit être envoyée à :ATTN: Trademarks
Cadillac Europe GmbH
Albisriederstrasse 253,
8047 Zürich, Switzerland
Telephone contact: +41 44 828 27 00
GMEuropeLegal@gm.com
Register: Zurich (Switzerland)
Commercial register number: CHE-105.935.482
Seat: OpfikonV
VAT-ID: CHE-105.935.482 MWST
7. Vehicle Information
A. The website provides certain information concerning vehicles, including without limitation feature descriptions, pricing and fees. The material that appears on the website is for general informational purposes only. While Cadillac aims to provide accurate information on the website, please be aware that the website may, from time to time, contain errors. The website includes materials and information collected from and provided by third parties, including without limitation vendors and financial institutions (collectively, “Third Party Providers”), that Cadillac may not have evaluated or reviewed. Cadillac cannot verify the information that Third Party Providers supply to the website, nor can Cadillac guarantee that the vehicles listed on the website will be delivered in the condition described. To the fullest extent permitted by applicable law, Cadillac makes no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the websites, and you should not rely on it without independent verification.
B. If you are interested in or have questions about any of the vehicle information provided on the website, including without limitation equipment, accessories, prices, incentives, offers, fees or discounts, you should contact the Cadillac Customer Assistance Center.
C. If you believe information on the website is inaccurate, please bring it to our attention by forwarding a copy of the information along with an explanation of the inaccuracies to the Cadillac Customer Assistance Center at support@cadillaceurope.com.
8. Vehicle Configuring and Purchasing
A. To the extent the website offers functionality to configure and purchase a vehicle, prices and features are indicative only until a binding purchase offer has been accepted. The prices listed on the website may exclude certain applicable incentives, discounts, rebates, offers, equipment and upfit costs, tax, finance charges, title, license, regulatory, emission testing, and compliance fees, administrative fees, handling fees, delivery fees, any or all of which may be added or subtracted to the listed price to arrive at the final sale price of a particular vehicle. Before purchasing any good or service you have seen on the website, you should verify all pricing terms.
B. The vehicles listed on the website may have been altered or upfitted with equipment, bodies, or components supplied by independent suppliers. Such alterations or upfits may not be covered under or may void the manufacturer warranty on the vehicle and could impact the safety of the vehicle. Cadillac is not responsible for the safety or quality of design features, materials or workmanship of any alterations by any such supplier.
9. Account Termination Policy
A. Cadillac reserves the right to terminate a user's access to its website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Cadillac reserves the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Cadillac may remove any website content and terminate a user's access for uploading material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE CADILLAC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CADILLAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CADILLAC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, ANY AND ALL PERSONAL INFORMATION, OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD-PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. CADILLAC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. CADILLAC IS NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL CADILLAC, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, ANY AND ALL PERSONAL INFORMATION, OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE ABOVE PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The website is operated and offered in Switzerland. Cadillac makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Indemnity
You agree to defend, indemnify and hold harmless Cadillac, 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 website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the website.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
14. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cadillac without restriction.
15. General
You agree that: (i) the website shall be deemed solely based in Ireland; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over Cadillac, either specific or general, in jurisdictions other than Zürich 1, Switzerland. These Terms of Service shall be governed by the internal substantive laws of Switzerland, without respect to its conflict of laws principles. Any claim or dispute between you and Cadillac that arises in whole or in part from, or that relates to, the website shall be decided exclusively by a court of competent jurisdiction located in Zürich 1, Switzerland. These Terms of Service, together with the Privacy Notice and any other legal notices published by Cadillac on the website, shall constitute the entire agreement between you and Cadillac concerning the website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Cadillac's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Cadillac reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CADILLAC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.