Last Updated: 01/01/2010
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. Description of NewCars.org and these Terms and Conditions
Welcome to NewCars.org, your online resource for ("NEWCARS.ORG" or "us", "we", "our") automotive related products and services. By using this Web site, you agree to the following Terms and Conditions ("T&Cs"). These T&Cs may be updated by us from time to time, and we encourage you to review them often. In addition to these T&Cs, when using particular NewCars.org owned or operated services, you and NewCars.org may also be subject to any additional posted guidelines applicable to such services.
NewCars.org (the "Web site") provides you with access to many valuable resources, including NEWCARS.ORG New Car Pricing and quotes from dealerships, reviews and ratings, car buying advice, as well as links to sites where you can obtain vehicle services such as financing and insurance, and other existing services and those that may later be offered to you (the "Service").The Service includes advertisements, which are necessary for NEWCARS.ORG to provide the Service to you. Unless explicitly stated otherwise, any new features that we may add to NewCars.org will also be subject to these T&Cs, and any other special Terms and Conditions referenced in the new feature.
By clicking and submitting a request for a new car price quote, you are providing the personal information collected to the dealers and dealer networks you have selected and they may contact you. To learn how individual dealers may use your personal information, please contact them directly. All information provided on this site is believed to be reliable but is not guaranteed and should be independently verified.
3. Personal Use Only
You may make personal use of all of the information ("Information") you access on NewCars.org, but you may not take any of the Information and reformat and display it, or copy it on your Web site, and you may not store or migrate any of the Information or other data from NewCars.org without NewCars.org's written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information, content or data related to any portion of the Service. You may print a copy of particular vehicle values and prices and use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on NewCars.org. If you want to make commercial use of the NEWCARS.ORG Information or Services, you must enter into an agreement with us in advance.
4. Feedback and Other Contributions to NewCars.org
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to NewCars.org through its "Contact Us" page, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) NEWCARS.ORG is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of NEWCARS.ORG without any obligation of NEWCARS.ORG to you and NEWCARS.ORG shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide; (d) NEWCARS.ORG may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from NewCars.org under any circumstances for your Contributions.
5. Modifications and Termination of Service
NEWCARS.ORG reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service with or without notice to you. You agree that NEWCARS.ORG will not be liable to you for any modification, suspension or discontinuance of the Service. You agree that NEWCARS.ORG may, under some circumstances and without prior notice to you, terminate your use of and access to the Service. Some of the reasons for such termination may include, but not be limited to, (a) a breach or violation of the T&Cs or other incorporated agreements or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Service or how we choose to provide it, (d) technical or security issues or problems, and/or (e) fraudulent or illegal activities. All terminations will be made in NEWCARS.ORG's sole discretion and you agree that NEWCARS.ORG will not be liable for any termination of your use of or access to the Service.
6. Your Dealings with NewCars.org Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that NEWCARS.ORG will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
All prices, incentives and rebate information, and other information displayed on NewCars.org are gathered from sources and based on algorithms that are believed by us to be reliable, but no assurance can be given that this information is accurate, complete or current. We do not assume any responsibility for errors or omissions or warrant the accuracy of this information. Before purchasing any vehicle or other goods or services you read about on NewCars.org, you should confirm with the dealer or vendor any information (including the price and available incentives or rebates) that is important to your decision.
7. Dealer Information and Links to Other Websites
NewCars.org provides links to many other Web sites not operated by us, including sites where you can obtain automotive products and services such as new and used vehicles and vehicle financing, insurance and warranties. You acknowledge and agree that, because NEWCARS.ORG has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Web site that has a link on NewCars.org; we do not necessarily endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that NEWCARS.ORG will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.
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.
8. NewCars.org's Proprietary Rights
You acknowledge and agree that the Service and all materials on NewCars.org contain proprietary and confidential information that is protected by applicable copyright, trademark and other intellectual property laws (NewCars.org's "Proprietary Information"). All materials on NewCars.org, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from NewCars.org unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Web site, NewCars.org Vehicle Values, NewCars.org New Car Pricing information, compilations of vehicle specifications, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Web site.
9. Use of NewCars.org Logos & Trademarks
All Cyberspace Enterprises LLC websites logos and marks are the exclusive property of Cyberspace Enterprises LLC and are prohibited from being copied, distributed, and/or used in any and all forms without written consent from an officer of Cyberspace Enterprises LLC.
10. User Information
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.
11. Prohibited Activity
As a condition of your use of and access to NewCars.org, you agree not to use the Services for any unlawful purpose or in any way that violates these T&Cs. You also agree not to use the Services in any way that could damage, disable, overburden, or impair the Web site or any NewCars.org server, or the associated networks, or interfere with any other party's use and enjoyment of any Services. 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.
12. No Guarantee
NewCars.org does not guarantee any information on the website therefore is not liable for inaccurate information on the website including but not limited to warranty, and pricing information. 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 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.
13. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEWCARS.ORG PROVIDES THE SERVICE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWCARS.ORG AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. NEWCARS.ORG AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS WILL BE CORRECTED.
c. ALL MATERIAL AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESSING OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEWCARS.ORG OR ITS AFFILIATES OR PARTNERS THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY WHATSOEVER.
e. VEHICLE VALUATIONS ARE OPINIONS AND MAY VARY FROM VEHICLE TO VEHICLE. ACTUAL VALUATIONS ARE BASED UPON CURRENT AVAILABLE INFORMATION AND ANALYSIS OF MARKET CONDITIONS, AND WILL VARY DEPENDING ON SPECIFICATIONS, VEHICLE CONDITION OR OTHER PARTICULAR CIRCUMSTANCES PERTINENT TO A PARTICULAR VEHICLE OR THE TRANSACTION OR THE PARTIES TO THE TRANSACTION. NEWCARS.ORG ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF VEHICLE VALUES AND NO RESPONSIBILITY FOR ERRORS OR OMISSIONS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEWCARS.ORG AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEWCARS.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY.
15. Indemnity and Release
When you use NewCars.org, you are agreeing to indemnify NewCars.org, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the NewCars.org Web site, your use of the Service, or your submission of Contributions as set forth in Section 4 above. By using NewCars.org you are agreeing to release NewCars.org and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to NewCars.org. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"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 IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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.
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.
Dispute Resolution: 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.
16. Changes and Updates to these Terms and Conditions
NewCars.org may occasionally update or change these Terms and Conditions, so we encourage you to view them often. Your continued use of the Service constitutes your agreement to these T&Cs and any updates.
17. General Information
Choice of Law and Forum. 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. The T&Cs and the relationship between you and NewCars.org shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and NewCars.org agree to submit to the personal and exclusive jurisdiction of the courts located within Contra Costa County, California.
Waiver and Severability of Terms. The failure of NewCars.org to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision. If any provision of the T&Cs is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&Cs remain in full force and effect.
Entire Agreement: 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.
18. Reporting Violations of the T&Cs
Please report any violations of the T&Cs to NewCars.org customer service.
19. Copyright Complaints
We respect the intellectual property of others. If you believe that your work has been copied - by us or by any third party on NewCars.org - in a manner that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on NewCars.org, including the URL of the page on which it appears;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on NewCars.org can be reached at:
Cyberspace Enterprises LLC
95 Spring Street
Hanover, MA 02339
Any rights not expressly granted herein are reserved.