NewCarsDirect.net


Terms of Use

Web2Carz (the "Company", "we" or "us") requires that all visitors to this web site operated by newcarsdirect.net (the "Site") adhere to the following terms and conditions of use. Through the Site, we provide information and advertising services for customers on the Internet (collectively, with all other services provided by the Company, the "Services"). The following Terms of Use (the "Terms") set forth legally binding terms for your use of the Site and the Services and is between you and Web2Carz (dba "newcarsdirect.net"), its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity), with a principal place of business at P.O. Box 805 Highland Park, IL 60035. The following Privacy Policy details the Company's practices regarding your Personal Data (as defined below) that we collect through the Site.

By accessing the newcarsdirect.net website or using the services offered by newcarsdirect.net, you agree and acknowledge to be bound by these terms. If you do not agree to these terms, please do not access the site or use the services. newcarsdirect.net reserves the right to change these terms at any time. We recommend that you periodically check this site for changes.

LICENSE

newcarsdirect.net grants you a limited license to access the site and use the services in accordance with these terms and the instructions and guidelines posted on the site. newcarsdirect.net reserves the rights to terminate your license to use the site and services at any time and for any reason or in the future charge for commercial usage.

RESPONSIBILITY

You are solely responsible for your use of the site and services. Because newcarsdirect.net merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of newcarsdirect.net, and newcarsdirect.net makes no claim of accuracy of any user-posted material. newcarsdirect.net allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the site or services does not imply any endorsement by or any affiliation with newcarsdirect.net. In accessing the site and services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the site and services.

CONTENT

By posting content, you are granting permission to us and others to access and use it in connection with the services, the site and otherwise in connection with our business.

newcarsdirect.net is explicitly not responsible for the manner or circumstances by which third parties access or use our content and is under no obligation to disable or otherwise restrict this access. newcarsdirect.net does not provide you with the ability to retrieve and remove your posted content from the site and the services. newcarsdirect.net does not provide you with the ability to retrieve and remove copies that others may have made or we may have made for backup purposes.

FEEDS & API

newcarsdirect.net provides access to portions of its site and services via RSS feeds and an API; for the purposes of these terms, such access constitutes use of the site and services. newcarsdirect.net asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the newcarsdirect.net database or reproduce, duplicate or copy the newcarsdirect.net Site. newcarsdirect.net reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

INTELLECTUAL

newcarsdirect.net, the newcarsdirect.net logo and the newcarsdirect.net design are trademarks or trade dress of newcarsdirect.net, and may not be used without express written permission from newcarsdirect.net, other than for attribution. All other trademarks not owned by newcarsdirect.net that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by newcarsdirect.net.

newcarsdirect.net-originated content included on the site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the site, is the property of newcarsdirect.net and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any newcarsdirect.net-originated content is permitted without written permission from newcarsdirect.net.

User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.

VEHICLE INFORMATION WARRANTY/LIABILITY

The information on vehicles provided in this service is supplied by the seller or other third parties; newcarsdirect.net is not responsible for the accuracy of such information. newcarsdirect.net provides this service and materials without representations or warranties of any kind, either expressed or implied. All prices and specifications are subject to change without notice. Prices may 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.

CAR LOAN APPLICATIONS

Upon submitting a car loan application on the newcarsdirect.net site, newcarsdirect.net will attempt to place the application with a member of the newcarsdirect.net lending network and a confirmation email that includes a link to access the loan application status is sent out. After the initial processing time (typically 1-3 business days), another email indicating whether or not the application has been placed is sent out. If the application is placed, the consumer is contacted by phone by the lender or dealer.

By submitting a car loan application, you certify that all of the statements in your application are true and complete and are made for the purpose of obtaining credit. You authorize the newcarsdirect.net Network to share your application and related information with its lending partners in order to complete the processing of the application. You authorize the newcarsdirect.net Network and its lending partners to retain and rely on your application and to access your credit report in order to evaluate your credit application. You authorize the newcarsdirect.net Network and its lending partners to contact your employer for purpose of verifying your stated employment and income. In addition, you acknowledge that you have read and agree to the newcarsdirect.net privacy policy. By submitting the car loan application form, you are providing express written consent to newcarsdirect.net, its lending partners, and its third party associates to contact you at the phone number provided via live, prerecorded or autodialed calls and understand that consent is not a condition of purchase. You further authorize newcarsdirect.net Network's third party lending institutions to share information in your application, and any other credit information they obtain, with other third parties who may be able to offer or arrange for a direct loan and/or dealer financing.

CALIFORNIA RESIDENTS: If married, you may apply for credit separately as an individual.

MAINE RESIDENTS: You have free choice in the selection of the agent and insurer through or by which the insurance in connection with the requested loan is to be placed. Your decision to obtain any insurance product from an agent, broker or insurer of your choice will not affect the credit decision unless the insurance product you choose does not comply with the lender's reasonable requirements.

NEW HAMPSHIRE RESIDENTS: If you are applying for a balloon payment contract, upon request and before entering into the balloon payment contract, you are entitled to receive a written estimate of the monthly payment amount for refinancing the balloon payment in accord with the creditor's existing refinance programs. A balloon contract is an installment sale contract with a scheduled final payment that is at least twice the amount of one of the earlier scheduled equal periodic installment payments.

OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.

RHODE ISLAND RESIDENTS: Credit Reports may be obtained in connection with this application for credit.

VERMONT RESIDENTS: You authorize Dealer and any financial service provider with whom this application is shared, and each of their respective employees or agents, to obtain and verify information about you (including one or more credit reports, information about your employment and banking and credit relationships) that they may deem necessary or appropriate in evaluating your credit application. If your application is approved and credit is granted, you also authorize the parties granting credit and/or holding your account, and their respective employees and agents, to obtain additional credit reports and other information about you in connection with reviewing the account, increasing the available credit on the account (if applicable), taking collection on the account, or for any other legitimate purpose.

WISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under Wis. Stat. 766.59, or a court decree under Wis. Stat. 766.70 applied to marital property adversely affects our interest unless you furnish a copy of such agreement, statement, or decree to us or we have actual knowledge of such adverse provision before credit is granted.

While newcarsdirect.net strongly encourages consumers to get and check their credit report, it is not a requirement for submitting a loan application or for being placed within the newcarsdirect.net network of lenders and dealers.

LENDER PARTNERS SPECIFIC DISCLOSURES:

DriveTime

Your Finance Application may be shared with DriveTime located at 1720 West Rio Salado Pkwy Tempe, AZ 85281. You consent to be contacted by them by autodialer, text, and/or prerecorded messages.

RoadLoans

1. Reg. B Disclosures

(a) Under the Equal Credit Opportunity Act (ECOA), Santander Consumer USA is prohibited from discriminating in any aspect of the credit transaction. Prohibited bases are: sex, marital status, race, color, religion, national origin, age (provided the applicant is of legal age), income derived from public assistance and the fact that the applicant has—in good faith—exercised any right under the Consumer Protection Act (i.e. the right to lodge a complaint). We recommend you make and retain a copy of our Privacy Policy. If you prefer to print another copy, visit our Website at www.santanderconsumerusa.com or you may request a copy by calling 888.222.4227.

(b) Alimony, child support, or separate maintenance income need not be revealed if you do not choose to have it considered as a basis for repaying this loan.

2. Telephone Consumer Protection Act

I consent and agree that RoadLoans (and its affiliates, agents, assigns and service providers) may monitor and record telephone calls regarding my account to assure the quality of service or for other reasons.

I also expressly consent and agree, in order to administer and service my account or to collect any amounts I may owe, RoadLoans (and its affiliates, agents, assigns and service providers) may contact me by telephone at any telephone number associated with my account that I provide now or in the future, including cellular phones, wireless telephone numbers or other wireless devices, regardless of whether I incur charges as a result.

I expressly consent and agree to RoadLoans (and its affiliates, agents, assigns and service providers) contacting me by the following methods including, but not limited to, any telephone dialing system, sending text messages or e-mails using any e-mail address I provide now or in the future, using manual calling methods, pre¬ recorded/artificial voice messages and/or use of an automatic dialing device or system, as applicable.

3. Consumer Credit Report Disclosure

By clicking the "Get Car Loan" button, you certify the truth and completeness of the information provided and that you are at least 18 years of age. You agree that we (and the dealer) may obtain credit reports about you to process your application and for legitimate purposes related to any RoadLoans auto loan you might receive (such as reviewing, collecting, and servicing the loan). Upon your request, we will inform you whether we requested credit report and provide the name and address of the consumer reporting agency that furnished the report. You also agree that we may verify your employment, income, and any other relevant information related to your application, and that we will retain the application whether or not credit is extended. You understand that a preapproval of a RoadLoans auto loan may only be available for preapproved applicants who purchase automobiles from the inventory of participating dealers.

CONSENT FOR ELECTRONIC DOCUMENTS. Electronic Signatures in Global and National Commerce Act:

You are submitting a Vehicle Finance application ("Application"). To continue this process, our Finance Partners must provide you certain notices, documents, information and disclosures related to your Application electronically ("Electronic Documents"). By reading this Consent for Electronic Documents, you agree that you have been informed of your rights when receiving these Electronic Documents. By agreeing to receive Electronic Documents, you acknowledge receipt of this Consent for Electronic Documents, and agree to receive Electronic Documents via the internet to the e-mail address designated on your Application. You need to contact the Finance Partner if you would like such records to be provided on paper or in non-electronic form. Hardware and Software requirements

Before choosing to receive Disclosures electronically, you must decide if you have the necessary hardware and software to access and store these Electronic Disclosures. To obtain electronic Disclosures, you will need a personal computer or other device that can access the Internet, Adobe Acrobat Reader software, and a working electronic mail address. To store electronic Disclosures, your computer or access device must allow you either to download and store electronic Disclosures to the computer, access device, or another media storage device or to print web pages and embedded HTML files that are provided electronically. To verify that you have the necessary hardware and software, try to save or print a copy of this screen. If what you save looks like what you see on the screen, you have the necessary hardware and software.

You may withdraw your consent by contacting us at request@newcarsdirect.net or calling us at (888)603-2227, however, if we have already forwarded your application to a Financial Partner you must also withdraw your consent from the Financial Partner when they contact you. If you withdraw your consent, the legal validity and enforceability of previously transmitted Electronic Documents will not be affected, and you will not have the option to later receive your Electronic Documents via electronic means.

Consent and Acknowledgment:

BY CLICKING ANY SUBMIT BUTTON TO SEND AN APPLICATION TO newcarsdirect.net, YOU HEREBY ACKNOWLEDGE YOU CAN ACCESS ELECTRONIC DOCUMENTS, AND YOU CONSENT TO HAVING ELECTRONIC DOCUMENTS PROVIDED TO YOU ELECTRONICALLY VIA E-MAIL.

GENERAL WARRANTY/LIABILITY

newcarsdirect.net PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. newcarsdirect.net SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that you use the site and services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL newcarsdirect.net BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT newcarsdirect.net HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH newcarsdirect.net SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

DISCLAIMER

Testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of a loan, refinance, insurance, or warranty application. Testimonials provided on the web site are those of actual clients. Testimonial photos are stock photography and not actual clients.

OTHER

newcarsdirect.net and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between newcarsdirect.net and you.

These Terms supersede any previous agreement and represent the entire agreement between newcarsdirect.net and you. These Terms are governed by the laws of the State of Illinois without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to newcarsdirect.net in English at: request [at] newcarsdirect.net.

TERMS (For Sale By Owner)

newcarsdirect.net Listing Details:

  • Price: Free.
  • Photos: newcarsdirect.net listings include from 0-12 photos of the seller's actual vehicle.
  • Run time: Your ad will appear on the newcarsdirect.net website for 30 consecutive days once it is approved.
  • Renewals: You may renew your ad as often as you like at no cost. When renewing an ad, your 30-day display period starts over.

By listing your vehicle with newcarsdirect.net, you acknowledge and agree that:

  • The vehicle you list for sale is in your possession.
  • You have the right to transfer the advertised vehicle's title to the purchaser.
  • You are willing to sell the advertised vehicle at the price and on any other terms specified in your listing.
  • You will place only one listing per unique vehicle and you will not advertise more than one vehicle in a single listing, either by including descriptions of multiple cars in one listing or by subsequently updating the listing information to advertise different vehicles.
  • Upon selling or otherwise taking your vehicle off the market, you will within 72 hours delete the listing for that vehicle.
  • You will not use your listing to advertise or promote anything (including, without limitation, any product, service or business) other than one unique vehicle offered for sale.
  • You will properly identify yourself as either an "Individual Seller" or a "Dealer".
  • If you placed a listing with an error that cannot be corrected through the newcarsdirect.net interface, you will contact newcarsdirect.net customer service to inquire about making changes to your listing and newcarsdirect.net shall determine whether such changes will be permitted.
  • You will not use the newcarsdirect.net site for any fraudulent, false, misleading or deceptive activity.
  • All content and information that you provide to newcarsdirect.net is truthful, accurate and complete.
  • You have the full right, title and interest in and to all content, photos and other material that you provide to, or post on, newcarsdirect.net.
  • Photos provided for the listing will only show the vehicle listed for sale and may not include under any circumstances people, animals, or other objects not part of the vehicle.

newcarsdirect.net reserves the right, in its sole discretion, to remove any listing or photo, without notice and without liability, that does not meet the requirements of these Terms Of Sale, newcarsdirect.net's website Terms Of Use, newcarsdirect.net's policies, or if newcarsdirect.net otherwise determines or believes, in newcarsdirect.net's sole and exclusive discretion, that your listing or any photo or other content you upload is inappropriate for any legal, business, technical or other reason.

GENERAL LIMITATIONS. newcarsdirect.net listings can only be created for the vehicles and models specifically identified in the newcarsdirect.net drop-down menus. You are solely responsible for the information, content, and photos contained within your listings. Listings only contain the features expressly indicated. newcarsdirect.net listings may not appear on the newcarsdirect.net site for up to 72 hours. newcarsdirect.net DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THIS SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.