Terms and Condition

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.

The FindNewCar.net  Website (the "Website") is owned and operated by FindNewCar.net  and its subsidiaries and affiliates (collectively "FindNewCar.net ," "we," or "us"). By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these terms and conditions (the "Terms of Use"). FindNewCar.net is free to revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Such changes shall become effective immediately upon the posting thereof. Please check these Terms of Use periodically for changes.

Third Party Websites

This Website may provide you with links to other websites on the Internet ("Linked Sites"). The Linked Sites are not under FindNewCar.net 's control, and FindNewCar.net  is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by FindNewCar.net  or any association with the operators of the Linked Sites. Your interactions with third parties associated with the Linked Sites are between you and those third parties associated with the Linked Sites. You hereby agree that FindNewCar.net  shall not be responsible for dealings with third parties associated with the Linked Sites.

Proprietary Rights

You acknowledge and agree that the materials contained in this Website are protected by copyright, trademark and other proprietary rights and laws. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. FindNewCar.net  prohibits any third-party Website, person, or entity from downloading, scraping, exporting, copying, extracting, capturing vehicle information or dealer information, capturing phone numbers or any content found on the FindNewCar.net  Website for the purpose of creating a collection, compilation, database, or directory, or redisplay or distribution of any data and/or content without express written permission of FindNewCar.net . FindNewCar.net  may use fictitious dealer information or vehicle information that will help identify any third-parties that uses, calls, or displays the FindNewCar.net  content on any Website without express written permission of FindNewCar.net . FindNewCar.net  will seek maximum punitive monetary damages according to law to protect the information displayed on the FindNewCar.net  Website. All rights not expressly granted herein are reserved. You may not mirror or archive any part of this Website or any material contained on this Website on any server or computer without FindNewCar.net 's written permission.

Products, Services and Software

Using software from this Website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon usage of such software. Software available on this Website is copyrighted by FindNewCar.net  or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description to a product, service or publication on this Website (including any description or reference via hyperlink) does not imply endorsement by FindNewCar.net  of that product, service or publication. Products and software offered through this Website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

Submissions

Any content, remarks, suggestions, ideas, graphics, reviews, comments, advertisements, listings for products and/or services, or other information communicated to FindNewCar.net  through this Website (together, the "Submission") which you post or submit to the Website is considered to be non-confidential and public. You hereby grant to FindNewCar.net  the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions alone or as part of other works (including, without limitation, for products or advertising) in any form, media, or technology whether now known or hereafter developed, without incurring any liability for royalties or any other consideration of any kind, and to sublicense such rights through multiple tiers of sublicensees. You agree that FindNewCar.net  shall not be liable as a result of any similarities that may appear between Submissions and future FindNewCar.net  operations and/or content.

You agree that all Submissions provided on this Website are the sole responsibility of the person or entity from which the Submission originated, and that you are responsible for each Submission that you post on this Website. You hereby represent and warrant that you are the sole author of all Submissions you post or submit to the Website, and that such Submissions do not infringe upon the copyright, trademark, privacy, publicity, or other rights of any person or entity. As FindNewCar.net  may make modifications of this Website, you agree that FindNewCar.net  may at any time delete, refuse or move Submissions posted to the Website for any reason.

You are exclusively responsible for the accuracy of all Submissions you post or submit to the Website, including the accuracy of information provided about your vehicle. If you believe information in your Submission is incorrect or you have concerns with FindNewCar.net 's services regarding your Submission, you must notify us immediately. If any information in your Submission is found to be fraudulent, FindNewCar.net  reserves the right to immediately deactivate your user account and remove your Submissions without any form of compensation or advance warning.

Vehicle Listings

In addition to being subject to the "SUBMISSIONS" rules set forth above and the other Terms and Conditions, vehicle listings are subject to the following restrictions.

Free listings are for private party individuals only. Dealers' accounts and listings are subject to a separate Advertising Agreement, including provisions for billing.In the event a dealership posts free vehicle listings on the Website, FindNewCar.net  reserves the right to immediately deactivate the associated user account and/or charge the Dealer for services rendered pursuant to FindNewCar.net 's standard Advertising Agreement.

To ensure the integrity of our database, your free vehicle listings will automatically deactivate after 30 days unless you renew the listing. Renewal is free. FindNewCar.net  will attempt to notify you prior to the expiration of your vehicle listing; however, you are solely responsible for the timely renewal of your vehicle listings. You are also solely responsible for the timely removal and/or deletion of your vehicle listings in the event your vehicle sells or you otherwise decide to no longer offer it for sale.

No Unlawful or Prohibited Use

The Website may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they comply with these Terms of Use and they are relevant to the intended subject matter of the forum.

You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover any materials or information, including passwords, through or in connection with the Website except as authorized by these Terms of Use and as intentionally made available to you through the Website. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.

You agree not to use the Website for any purpose that is unlawful or prohibited by the Terms of Use. This includes, but is not limited to, any use of the Website to:

  • Take any action or make any communication that is inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of FindNewCar.net  or any third party.
  • Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
  • Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
  • Improperly assume or claim the identity, characteristics, or qualifications of another person.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Post Submissions or any other content using any manual or automatic posting tools other than those provided by FindNewCar.net , unless you have received express written consent from FindNewCar.net  to do so.
  • Post more than five automobile advertisements or listings on FindNewCar.net  without a paying subscription if you are affiliated in any way with an automotive dealership. Dealers may not post ads in the Private Party section of this Website.
  • Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.

FindNewCar.net  is not obligated to monitor the communications contained on the Website. However, FindNewCar.net  may, at its sole discretion, edit, decline to post, or remove any Submissions posted or submitted to the Website. Private Party users that post vehicles for sale on Website may create only one account per person.

Legal Age

This Website is not intended for children under the age of 13. By using this Website, you affirm that you are at least 13 years of age, and are fully able and competent to enter into these Terms of Use. If you are under 13, please do not provide Submissions or otherwise use this Website.

Security

Any user names and/or passwords used for this Website are for individual use only. You are solely responsible for the security of your user name and/or password. FindNewCar.net  will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that FindNewCar.net  considers insecure, FindNewCar.net  will be entitled to require the password to be changed and/or terminate your account.

You understand that providing your user name and/or password to a third party without the consent of FindNewCar.net , and/or using a password to gain unauthorized access to FindNewCar.net , constitutes computer fraud and is a class 5 felony under the laws of the state of South Dakota, which govern this Agreement and to which you have consented (See S.D. Codified Laws Ann. §43-43B-1 to 8); and further constitutes a violation of Title 18, §1030 of Federal law, punishable by fine and/or imprisonment. You are aware that FindNewCar.net  may monitor password use and vigorously pursue violators to the full extent of the law.

You agree that: (i) you will not provide any false company or personal information on the Website; (ii) you will not create an account except for yourself or for a third party that has explicitly authorized you to do so; (iii) if FindNewCar.net  suspends or closes your account, you will not create another one without the explicit permission of FindNewCar.net ; (iv) all information you provide to FindNewCar.net , including contact information, shall be kept true, accurate, complete, and up-to-date; and (v) you will not transfer your account to anyone without first getting our written permission. If FindNewCar.net  has reasonable grounds to suspect that you have violated any of these obligations, FindNewCar.net  may suspend or terminate your access to this Website and the services thereof, and may refuse any and all current or future use of the services.

Vehicle and Inventory Information

Any information processed via FindNewCar.net  and its systems is stored for analysis. This information includes, and is not limited to, every action when a vehicle is added, updated, viewed or removed from the FindNewCar.net website, including dealer’s inventories from websites powered by the FindNewCar.net  technology. This information is collected in an effort to create a database for the purpose of publishing relative insights to buyers and sellers, whereby such information is deemed informative and valuable.

No Representations or Warranties

FindNewCar.net  makes no representations or warranties that this Website if free of defects, viruses or other harmful components. FindNewCar.net  shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Website or FindNewCar.net 's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD FindNewCar.net  HARMLESS FROM, AND YOU COVENANT NOT TO SUE FindNewCar.net  FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this Website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." FindNewCar.net  DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FindNewCar.net  MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Liability

As the FindNewCar.net  Website is a place for users to post advertisements and listings of goods and services for sale, you agree that this site merely acts as a conduit for persons to conduct sales and for buyers to purchase sellers' goods. FindNewCar.net  has no control over the quality, safety or legality of the user-posted Submissions, the truth or accuracy of the Submissions, the ability of sellers to sell items or the ability of buyers to buy items. FindNewCar.net  cannot and does not control whether or not sellers will complete the sale of items they offer. FindNewCar.net  cannot and does not control whether or not buyers will complete the purchase. Because FindNewCar.net  does not and cannot control the action of others, in the event that you have a dispute with one or more buyers or sellers, you hereby release FindNewCar.net  (and our agents and employees and any third party partners and/or licensees of FindNewCar.net ) from all claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such a claim or demand. If you are a resident in a state which restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.

The information provided on this Website is provided "as is" or "as available" and FindNewCar.net  makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item or as to the accuracy or completeness of any information about the item contained in this service. You acknowledge that any reliance upon any such materials shall be at your sole risk, and that FindNewCar.net  will not be liable in any way for Submissions or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise made available through the use of this Website.

UNDER NO CIRCUMSTANCES SHALL FindNewCar.net  OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FindNewCar.net  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; FindNewCar.net ’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

If you are dissatisfied with any portion of the Website or the associated services, your sole remedy is to cease using them.

Indemnity

You agree to defend, indemnify, and hold harmless FindNewCar.net  and its employees, agents, directors, officers, shareholders, agents, and affiliates from and against all liabilities, claims, damages, costs, obligations, debt, and expenses (including without limitation reasonable attorneys' fees and costs) arising out of your use or misuse of this Website, any Submissions that you post on this Website, your breach of any obligation, term, or warranty in these Terms of Use, and your infringement of the intellectual property or other rights of third parties.

Termination

If you fail to comply with any of these Terms of Use, your permission to use the Website automatically terminates and FindNewCar.net  may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity. FindNewCar.net  reserves the right to terminate your access to the Website or to any or all of its services at any time without notice for any reason whatsoever. FindNewCar.net  shall not be held liable to you or any third-party for any termination of your access to this Website.

Trademarks and Copyrights

Trademarks, service marks, and logos appearing in this Website are the property of FindNewCar.net  or the party that provided the trademarks, service marks, and logos to FindNewCar.net . FindNewCar.net  and any party that provided trademarks, service marks, and logos to FindNewCar.net  retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.

All content on this Website whether provided by FindNewCar.net  or through links to Linked Sites is the copyrighted work of FindNewCar.net , the owner(s) of the Linked Sites, and/or the owner(s) of Submission(s). Except as stated herein, none of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of FindNewCar.net , the owner(s) of the Linked Sites, and/or the owner(s) of Submission(s).

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.

Procedure for Copyright Infringement Claims

In accordance with the Digital Millennium Copyright Act (DMCA), FindNewCar.net  has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.

E-mail may be sent to:

terms@FindNewCar.net

Certified Mail may be sent to:

FindNewCar.net
c/o Sean Coffman
113 East Spruce
Beresford, SD 57004

Please notify us in writing and include all of the following:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FindNewCar.net  to locate the material.
  • Information reasonably sufficient to permit FindNewCar.net  to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of FindNewCar.net  or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, FindNewCar.net  is the owner of all trademarks and service marks on this Website, whether registered or not.

Privacy

Except as otherwise expressly provided for in these Terms of Use, your use of the Website and provision of any information is subject to FindNewCar.net 's Privacy Policy, which is expressly incorporated into these Terms of Use.

General

This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the State of South Dakota, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of South Dakota or, if appropriate, the United States District Court for the District of South Dakota for the resolution of all disputes arising out of or relating to the use of this Website and the associated services. FindNewCar.net  may assign this agreement, in whole or in part, at any time. This agreement coupled with the FindNewCar.net  Privacy Policy constitutes the entire agreement between FindNewCar.net  and the user with respect to this Website, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between FindNewCar.net  and the user with respect to the Website. As such, these Terms of Use represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional communications.

Specific areas or pages of this Website may include additional or different terms relating to the use of this Website. In the event of a conflict between such terms and these Terms of Use, the terms provided on the relevant specific area or page of the Website shall control.

All rights not expressly granted herein are reserved exclusively and entirely to FindNewCar.net .