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GM AssetCentral and all services provided by GM to you including, without limitation, all data, content and transactions, are provided "as is" and without any warranties of any kind. GM, its subsidiaries and affiliates, and their respective third party licensors expressly disclaim all warranties, whether express, implied or statutory, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from trade usage, course of dealing or course of performance. Notwithstanding any provision contained herein to the contrary, GM, its subsidiaries or affiliates, and their respective third party licensors make no representation, warranty or covenant concerning the accuracy, completeness, sequence, timeliness or availability of GM AssetCentral or any information or content posted on or otherwise accessible via GM AssetCentral. No sales personnel, employees, agents or representatives of GM, its subsidiaries or affiliates, or any third party are authorized to make any representation, warranty or covenant on behalf of GM, its subsidiaries or affiliates, or any of their respective third party licensors. Accordingly, additional oral statements do not constitute warranties, should not be relied upon and are not part of this agreement. Neither GM, nor its subsidiaries or affiliates, nor any of its third party licensors represent, warrant or covenant that GM AssetCentral will be secure, uninterrupted or error-free. You expressly agree that use of GM AssetCentral is at your sole risk and that GM, its subsidiaries or affiliates, and their third party licensors shall not be responsible for any termination, interruption of services, delays or errors in GM AssetCentral. This section shall survive termination or expiration of this agreement. Neither GM, nor its subsidiaries or affiliates, represent, warrant or guarantee that you will generate any business by participating in GM AssetCentral.
(a) You agree to defend, indemnify and hold GM its subsidiaries, affiliates, their third party licensors and/or administrators of GM AssetCentral harmless from all damages, liabilities, and expenses (including reasonable attorneys' fees and permitted and authorized costs), arising out of or as a result of claims made by third parties relating to (i) your use of GM Asset Central, (ii) your unauthorized use of any GM Intellectual Property, or (iii) any other breach by you of the Terms and Conditions of Use.
(b) In the event GM seeks or will seek indemnification pursuant to section 1.7(a), GM will promptly notify you of such claim. GM will have the right to participate in such litigation, at its expense, through counsel selected by GM.
1.8 Reporting Of Copyright Infringements.
In accordance with Title 17, U.S. Code 512(c)(2) of the DMCA, the following procedure shall be followed regarding the reporting of copyright infringement claims:
(a) A formal notice of copyright infringement must be filed and must contain the following information:
(i) Name of person/entity complaining, including contact information;
(ii) Identification and location of infringing material;
(iii) A statement citing a good faith belief that the material is infringing; and
(iv) A statement made, under penalty of perjury, that the information contained in the complaint is accurate and that the complaint is authorized by the copyright holder.
(b) Any notice of copyright infringement for claims related to GM AssetCentral must be sent to GM's designated agent:
c/o Mark Gathof
Phone - 248-303-7559
E-mail - Mark.Gathof@gm.com
1.9 Links To Third Party Websites; Framing.
GM AssetCentral may provide links or references to other third party sites. GM has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained at or made available through these other sites and shall not be liable for any damages or injury arising from the content of these other sites. By linking to the site, GM does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to you and, if you decide to access any of the third party sites linked to GM AssetCentral, you do so entirely at your own risk. GM reserves the right to terminate any link or linking program at any time. GM may also provide links to GM Asset Central on some third party sites. GM does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, that provide a link to GM AssetCentral at their sites. Unless approved in writing in advance by GM, you agree not to: (a) provide or create a link to GM AssetCentral; or (b) create any frames at any other sites pertaining to any of the content located at GM AssetCentral. Contact GM to seek approval for linking to GM AssetCentral.