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Home > User Agreement

Terms of Service

Introduction
This website (the “Site”) is operated by NewCars.com (“Provider”). By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service. If you do not agree to these Terms of Service, please do not use the Site. Click here to review the Site’s Privacy Statement.

Quote Service
This Site gives users the ability to request up to 4 new vehicle price quotes from franchise vehicle dealers (“Dealers”) in a designated geographic area (the “Quote Service”). While Provider expects each Dealer participating in the Quote Service to provide price quotes and promptly respond to any inquiry from Site users, Provider does not and cannot represent, warrant, or guarantee that: (a) the performance or results of the Quote Services provided by any Dealer will be satisfactory to you, (b) any Dealer will promptly and professionally respond to any inquiry submitted through the Site or other correspondence or that there is a participating Dealer to respond to a request for quote, or (c) the Quote Service or any Dealer will meet your needs.

Provider is not a Dealer, Broker or Agent
The Quote Service is a new vehicle referral service. Provider does not sell vehicles and is not a vehicle dealer. Moreover, Provider is not a vehicle broker and does not act as a buyer’s or seller’s agent. Provider is not a party to any transaction between any vehicle dealer and vehicle buyer and is not compensated based on the success or failure of any transaction between a vehicle dealer and vehicle buyer.

Vehicle Prices
Any retail and invoice prices appearing on this Site are for educational purposes only and do not reflect the actual selling price of a particular vehicle and do not include additional fees such as government fees and taxes, title and registration fees, finance charges, dealer document preparation fees, processing fees, and emission testing and compliance charges. The actual selling price and the conditions of sale for a vehicle will be the result of your negotiation and agreement with the applicable vehicle dealer.

Site Content
All information and content available on this Site (collectively, “Content”) is protected by copyright and other intellectual property laws. The Content is owned by Provider and its respective licensors (collectively, “Licensors”). The Content is intended for personal and non-commercial use only. While you may interact with or download a single copy of any portion of the content for your personal and non-commercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Provider.

Trademarks
The Content includes certain trademarks and service marks owned by Provider. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. Other product and company names herein may be trademarks of their respective owners.

Links to Third Party Sites
This Site may contain hyperlinks to and/or may frame Web sites operated by parties other than Provider. Such hyperlinks are provided for your reference only. Provider may not control such Web sites and is not responsible for their contents. Provider's inclusion of hyperlinks to such Web sites does not imply any endorsement of such Web sites or the material on such Web sites.

Indemnity
You agree to defend, indemnify, and hold Provider, its Licensors, and its and their respective parents, affiliates, subsidiaries, officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or expenses, including attorneys’ fees, arising from: (i) your use of the Site or the Quote Service, or any reliance on the Content, (ii) your breach of these Terms of Service, or (iii) any actual, prospective, or terminated sale or other transaction between you and a dealer.

Prohibited Activities
The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to our customers or others; (b) engaging in activity that is fraudulent, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (c) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes, (d) using the Site’s lead forms to advertise or promote products and services to our customers, (e) using any robot, spider, other automatic device, or manual process to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (f) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (g) decompiling, reverse engineering, disassembling, or otherwise attempting to obtain the source code for the software underlying the Site; or (h) taking any action that imposes an unreasonable or disproportionately large load on the Site’s hardware and software infrastructure.

Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND QUOTE SERVICE AND RELIANCE ON THE CONTENT IS AT YOUR OWN RISK. PROVIDER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE QUOTE SERVICE, CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, QUOTE SERVICE, AND CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability
IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, QUOTE SERVICE, OR CONTENT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination
You understand and agree that in Provider’s sole discretion, and without prior notice, Provider may terminate or suspend your access to this Site. You further agree that monetary damages may not provide a sufficient remedy for your violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without posting of a bond.

Miscellaneous
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Los Angeles, California, within one (1) year after the cause of action arises or the cause is barred. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Provider to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties.

Last Updated October 13, 2009

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