Terms And Conditions

 

 

BEFORE ACCESSING THE SYSTEM, IT IS REQUIRED THAT YOU SIGNIFY BELOW THAT YOU BOTH UNDERSTAND AND AGREE TO STRICTLY ABIDE BY THE FOLLOWING TERMS AND CONDITIONS.

ELECTRONIC MANIFEST LIST USER LICENSE AGREEMENT

This is a nontransferable and nonexclusive License to use the electronic manifest list(s) herein. I am an authorized GM dealer, respectively, and I agree as follows:

1. PERMITTED USE: General Motors dealer: Under Article 5.6 of the GM Dealer Sales and Service Agreement, dealers agree to use certain customer information, other information or data provided by GM only as designated by General Motors and not to otherwise disclose such information or data without General Motors written permission or as required by law. Accordingly, I may use names, addresses, and telephone numbers obtained from the electronic manifest list(s) herein "Contact Data", subject to the restrictions set forth below, for follow-up telephone calls or mail solicitations SOLELY IN CONNECTION WITH THE MARKETING PROGRAM NAMED ON EACH LIST.

2. UPDATES: I agree to access and utilize the updated list available herein every 30 days for the duration of the marketing program.

3. CUSTOMER CONTACTS: I agree that my communications and ad copy using Contact Data will not make any reference to any information that I may know about a consumer other than the contact information and that I am following up on a marketing solicitation from General Motors. I will keep on hand for a period of 12 months, samples of any mail pieces I used in my follow-up mailings.

4. NO DISSEMINATION: I will not sell, assign, sublicense, or rent, under any circumstances, the Contact Data.

5. ACCESS AND SECURITY: I will limit access to the Contact Data to employees who have a legitimate business need relating to this marketing program. I will provide for the physical, managerial and electronic security of the Contact Data such that it is reasonably maintained and secured from unauthorized access or use during utilization, transmission and storage.

6. THIRD PARTY SERVICE PROVIDERS: I may designate a third party service provider to access the Contact Data on my behalf, provided that the designee may only use the Contact Data in accordance with this Agreement. Except in connection with this paragraph, I will not disclose to any third party any of the Contact Data.

7. TELEPHONE CALLS:
a. I understand that both state and federal laws dictate to whom and how telephone calls can be made to consumers and that I may be required to register with my state or the Federal Trade Commission for access to lists of telephone numbers that have been registered by consumers who do not wish to receive telephone solicitations. I understand that, unless my telephone calls fit into one of the exceptions to the definition of "telemarketing", it is my responsibility to obtain these lists directly from the state and/or Federal Trade Commission, and to verify that each number I call is not listed on a state or the federal "Do Not Call" list.

 

b. I understand that the telephone numbers on the manifest have been checked against the Do Not Call registries and marked as “do not contact” merely as a courtesy to dealers. I understand that before making ANY telemarketing calls it is my responsibility to obtain those registries directly from the Federal Trade Commission and/or state and to verify that each number I call is not listed on a state or the federal Do Not Call list OR to confirm with my legal counsel that my calls are exempt from these requirements. 

 

c. Further, I understand that both the federal and various state laws regulating telemarketing impose further obligations and restrictions on telephone solicitation pertaining to, among other things, consumers who request not to receive telemarketing calls from me or someone acting on my behalf, call curfews, call content, the use of autodialers and prerecorded messages, calls made to wireless numbers, etc. I agree that it is my responsibility to be aware of and comply with all applicable federal and state laws.

 

d. I agree that I will not use an artificial or prerecorded voice when using the Contact Data to make ANY telephone calls without first obtaining the prior express written consent of a consumer. I agree that I will not use an automated or predictive dialer when using the Contact Data to make ANY telephone calls without first obtaining the prior express written consent of a consumer.

8. EMAILS: I understand that the email addresses on the manifest have marked as “do not contact” merely as a courtesy to dealers. I understand that before sending ANY emails it is my responsibility to comply with the federal CAN-SPAM law and to verify that each email address is not listed on my dealership’s DO NOT EMAIL/opt-out list OR to confirm with my legal counsel that my emails are exempt from these requirements.

 

9. DIRECT MAIL: I understand that before sending ANY direct mail marketing pieces it is my responsibility to verify that each mailing address is not listed on my dealership’s DO NOT mail list OR to confirm with my legal counsel that my direct mail marketing pieces are exempt from these requirements. I agree that it is my responsibility to be aware of and comply with all applicable federal and state laws.  

10. TEXT MESSAGES: I understand that federal and state laws and industry standards may impose certain obligations and restrictions on the use of mobile service short message service messages (SMS) for marketing purposes. I agree that it is my responsibility to be aware of and comply with all applicable federal and state laws and these industry standards.  Further, I understand that before sending ANY SMS to a wireless phone number listed on the manifest for marketing purposes, it is my responsibility to first obtain a customer’s prior consent, and verify that each wireless number to which I send a SMS text is not listed on a state or the federal, or my dealership’s Do Not Call list OR confirm with my legal counsel that my text message is exempt from these requirements.

 

  OTHER LIMITATIONS. I will not use the Contact Data to create a parallel database in any manner whatsoever.

11. NO WARRANTY. I acknowledge that the Contact Data is not warranted or represented as error free. I agree that the owner of the Contact Data shall not be liable for any claims for damages, regardless of the form of action and whether direct, incidental, special or consequential, which are in any way connected with or related to the Contact Data.

12. The Web Lookup Tool can assist the dealer salesperson in determining whether a Customer is eligible for a promotion, and ensure all Program Rules, specific to the marketing program, are adhered to before completing the vehicle delivery. First, the Consumer Information page will identify those Consumers who are eligible for the stated promotion(s). Then, clicking on the Promotion Name will show the corresponding documents associated with the private offer (e.g., Creative, Admin Message, etc) containing program rules such as the requirement to purchase and take delivery of an eligible vehicle between the Start Date and End Date of the program. I agree that I will not use the Web Lookup Tool to obtain Contact Data provided by Ally, GMF, US Bank, Wells Fargo or any other financial banking institution unless I have entered into a Joint Marketing Agreement with such financial banking institution.  


13. In cases where a Dealer Replacement Certificate is needed (consumer lost mailing, etc), the dealer salesperson can simply perform a "print screen" of the "Consumer Information" results page and include it in the deal jacket. For programs requiring a certificate number to be loaded into BARS, the certificate number can be found in the "Certificate Number" field. For programs where varying offers exist (e.g., Get Up to 3 Months On Us), the "Offer" field will be used to identify the offer the consumer is eligible for (e.g., 2 Months On Us or 3 Months on Us). This "print screen" which includes the Customer Name, Address, Phone and Promotion Name they are eligible for will serve the same purpose as if the dealer received a fax Replacement Certificate from CARS Marketing Support.

14. Note, in the event this incentive has been applied to a vehicle delivery where the customer or vehicle was not eligible or if the Program Rules were not followed, GM reserves the right to debit the incentive amount back to the selling dealership.

  

15. The information contained in the Manifest List is valid for up to 30 days from the load/refresh date.

 

 

16. Neither Ally , GMF, US Bank  or Wells Fargo (i) warrant or guarantee the accuracy or timeliness of any information available on their respective manifest lists or (ii) make any other warranty with respect to their respective manifest  lists.

 

17. I acknowledge that the information provided to support pre-approval programs  constitute a consumer report as to each individual consumer as that term is defined in the Fair Credit Report Act, as amended from time to time.  Use and handling of any information provided through this process must be handled accordingly