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User Agreement

Special Notice about Children: Children are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you may use this service only in conjunction with and under the supervisions of your parents or guardians.

  1. Dealer Information & Other Links

    2. Dealership information provided through this website is for informational purposes only. Any additional services offered by NewCars.org are not associated nor endorsed by any dealer identified on said links. All brand names used on this website other than "NewCars.org", including all dealership information, are used without any claim to the trademark, copyright, special relationship or other rights of the owners of such names.

    This website may contain hyperlinks to websites operated by parties other than NewCars.org. Such hyperlinks are provided for your reference only. NewCars.org does not control such websites, and is not responsible for their contents. NewCars.org's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites.

  2. General Terms and Conditions

    3. This User Agreement describes the terms and conditions under which you may use NewCars.org's website. If you do not agree with all the terms and conditions of this User Agreement, you may not use NewCars.org.

    By using the NewCars.org website you are agreeing to all the terms and conditions of this User Agreement. If at any time you do not agree with these terms and conditions, please discontinue use of this site.

    You must read, agree with and accept all of the terms and conditions contained in this User Agreement and NewCars.org's Privacy Statement before you may use this website. The Privacy Statement is incorporated into and made a part of this User Agreement by this reference.

    All terms and conditions of this User Agreement may be updated at any time. All changes shall automatically be effective 30 days after they are initially posted on this website. These terms and conditions, as updated, may not be altered or amended except in a written agreement signed by NewCars.org. This agreement originally became effective December 31, 2006, and as updated, remains in effect until such time as NewCars.org elects to further change, amend or cancel part or in full, the terms and conditions of this User Agreement.

    This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website. The content available through this website, unless otherwise noted herein, is the sole property of NewCars.org or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Everything on our website is copyrighted (unless otherwise noted) and may not be used except with our express written consent. Use of these images by You or other third parties is prohibited and may violate the copyright laws, trademark laws, privacy laws and other laws and regulations. Nothing contained on this site may be construed as granting any license or right to use any of our trademarks or service marks without our prior written consent.

    Except as otherwise explicitly agreed in writing, NewCars.org-owned content received through this website may be downloaded, displayed, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this website to anyone, including but not limited to others in the same company or organization without NewCars.org's express prior written consent.

    As a condition of your use of this website, you warrant to NewCars.org that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

    The services of NewCars.org are not allowed to be used by minors nor by anyone else unable to enter into a legal binding contract. All minors wishing to use the services of NewCars.org must do so through their parent or legal guardian. In addition, NewCars.org, at its sole discretion, may at any time refuse services to anyone.

  3. User Information

    4. You are solely responsible for all information you provide to us or other users in the use of this website. We act only as a passive conduit for your online distribution and publication of your information.

    By using NewCars.org, you agree that all the information you provide, and all other activities you engage in on this website (including, without limitation, email messages), shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) involve the sale or purchase of stolen items or any other items you are not authorized to sell or buy; (d) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) be obscene; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) create liability for NewCars.org or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this User Agreement, or that you do not have a right to link to or include.

    Solely to enable NewCars.org to use the information you supply us with, so that we do not violate any rights you might have in that information, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in such information, in any media now known or not currently known, with respect to such information. NewCars.org will only use such information in accordance with our Privacy Statement.

  4. Prohibited Activities

    5. By using the NewCars.org website, you agree not to infringe on the rights of others, including without limitation trademarks, patents, trade secrets, copyrights and/or proprietary rights or rights of publicity or privacy. You also agree not to violate any domestic or international statute, regulation, or ordinance, including without limitation all laws pertaining to the transfer or sale of items across state lines or international borders.

    If any person using this website is found to have engaged in any illegal activity in connection with NewCars.org, NewCars.org has the right to cancel any services being provided to such person. NewCars.org will cooperate with all state, federal and local law enforcement agencies.

  5. No Guarantee

    6. NewCars.org does not guarantee any information on the website. NewCars.org also does not guarantee any information provided by any dealers. As such, NewCars.org takes no responsibility for the accuracy, legality, and/or allegations of either data, consumers, dealers, dealerships, and/or vehicles.

    NewCars.org does not control any information provided by consumers, dealers, dealerships and/or anyone else having access to NewCars.org.

    NewCars.org can be accessed internationally, by persons engaging in fraudulent activity, and by minors or others not legally capable of entering into contracts. Although we require all users to indicate their agreement to the terms of this User Agreement, we have no way of ensuring the performance of users' obligations. Accordingly, all consumers, dealers, dealerships, and listing parties assume their own risk in dealing with other parties on NewCars.org.

    All information provided by consumers, dealers, and/or dealerships will be used by NewCars.org should NewCars.org determine it is necessary to use such information to protect the rights of NewCars.org, its subsidiaries, its stockholders, and its employees.

    NewCars.org does not guarantee continuous, uninterrupted or secure access to our services. The operation of this website may be interfered with by numerous factors outside of our control. NewCars.org assumes no liability resulting from any such interruption or interference.

  6. No Warranty

    7. NewCars.org assumes no liability and provides no warranty to those using NewCars.org.

    EXCEPT AS PROVIDED IN THIS SECTION, NEWCARS.ORG PROVIDES OUR website AND SERVICES FOR INFORMATIONAL PURPOSES ONLY "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

  7. Limitation on Liability

    8. IN NO EVENT SHALL NEWCARS.ORG, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, STOCKHOLDERS OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR website, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.

    OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, STOCKHOLDERS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO ANY ACTION YOU MAY INITIATE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  8. Release

    9. You agree to release NewCars.org, its officers, directors, employees, agents, affiliates, stockholders and suppliers from any damages, claims, demands and actions of any and all kinds, unknown or known, suspected or unsuspected, disclosed or undisclosed, real or imagined, stemming or arising from any dispute between you and any other user. If you reside or do business in the State of California, you agree to waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

  9. Breach

    10. If you breach this User Agreement, or we are unable to verify or authenticate any information you provide to us, or we believe that your actions may cause financial loss or legal liability for you, our users or us, then without limiting any other remedies NewCars.org may have under applicable law, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend and/or refuse to provide our services to you.

  10. Indemnity

    11. You agree to indemnify and hold us and (as applicable) our stockholders, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, action, demand, cost, expense or loss, including without limitation reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

  11. Notices

    12. Except as explicitly stated otherwise, any notices shall be given by postal mail (i) to NewCars.org or (ii) to you at the email address you provide. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you provide during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

  12. Dispute Resolution

    13. In the event a dispute arises between you and NewCars.org, you and NewCars.org agree that any dispute at law or in equity that arises out of this User Agreement or NewCars.org's services ("Claims") shall be resolved in accordance with this User Agreement or as otherwise mutually agreed upon in writing by the parties. If you have a Claim, before you resort to any of these alternatives, we strongly urge you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

    For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or NewCars.org may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS/Endispute in accordance with their applicable rules, or any other established provider of alternative dispute resolution services mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    Claims not resolved informally through the procedures described above must be resolved in any court of competent located in Contra Costa County, California. As an express condition to using this site, You agree to submit to the personal jurisdiction of the courts located within the county of Contra Costa, California.

    All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover its reasonable attorneys' fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

    You may report complaints about our service to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, which may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You may also visit the Department of Consumer Affairs' website at http://www.dca.ca.gov.

  13. General Provisions

    14. As an express condition to using this site You agree that You are establishing minimum contacts with California, and that Your use of this site shall be deemed to be taking place in California only, where NewCars.org s located. Consequently, this User Agreement shall be construed under the laws of the State of California applicable to contracts made and to be performed entirely in California between California residents. If there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail but the provision (or portion) which is affected shall be curtailed and limited only to the minimum extent necessary to bring it within the requirements of the law, and all other provisions hereof shall remain in full force and effect.

    This agreement constitutes the entire agreement between You and NewCars.org with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and NewCars.org with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    You agree that this User Agreement may be automatically assigned by NewCars.org in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each provision of this User Agreement. Any failure by NewCars.org to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

    You and NewCars.org are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

    Sections 3 (User Information) with respect to access and interference with information and the license described therein, 7 (Limitation on Liability), 8 (Release), 10 (Indemnity), 12 (Dispute Resolution) and this Section 13 (General Provisions) shall survive any termination or expiration of this User Agreement.

    Any rights not expressly granted herein are reserved.
    © Copyright 2006 to 2008 WebCorp, LLC, all rights reserved. Data provided by R.L. Polk & Co. Use of this website constitutes acceptance of our User Agreement and Privacy Policy.
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