Terms of Use

Terms of Use

General Information

Welcome to our website, which is a part of the New Country and Euro Motorcar branded network of affiliated automotive dealerships operated by New Country Motor Car Group, Inc. (referred to herein as "New Country," "we" or "us").   This website (the "Site") contains many useful features and information to assist you in your vehicle search, purchase and maintenance. Use of the Site is subject, however, to certain restrictions and limitations which are described in these Terms of Use. Please take a few moments to review this information carefully. Your access to any information on the Site in any manner, even by automated means, constitutes your use of the Site and your agreement to be bound by these Terms of Use.  New Country may change these Terms of Use from time to time and will revise the effective date when it does so. Your continued use of the Site after the posted effective date constitutes your agreement to be bound by these Terms of Use as modified.  New Country may change, restrict access to, suspend, or discontinue the Site, or any portion thereof, at any time.

Website Information

We have designed and maintained the Site with the intent of providing the best customer experience. This includes providing you with updated information. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present. Additionally, while some photographs of automobiles found on the website are photographs of the actual vehicles, their color and general appearance may appear differently based on your display and color settings.  In addition, at times, only stock photos of vehicles are available. For this reason, you may wish to contact the store location where a vehicle is located to confirm the accuracy of the vehicle description before you visit that store location. New Country reserves the right to correct any pricing errors or an incorrect statement of accessories or features on a particular vehicle, change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.

The information contained in this Site is for information purposes only and in no way constitutes an offer to buy or sell any vehicle or other products or services. The purchase of any vehicle or service shall be subject to the terms and conditions of the applicable sale, lease or retail installment contract or service repair order. The MSRPs (Manufacturer's Suggested Retail Prices) listed in this Site exclude destination charges, government fees and dealer charges. The information on this Site is not intended to be used or relied upon by you as a substitute for the information that is available to you from your New Country dealership or vehicle manufacturer.  

All vehicles advertised on this Site are subject to prior sale. Price or payments do not include applicable tax, title, capitalized cost reduction, security deposit, bank acquisition, maintenance programs, inspection, documentation, transfer, insurance or license fees, unless otherwise stated. Prices are subject to change without prior notice. Subsidized retail and lease payments, rebates, APR's, college graduate, military, owner loyalty, competitive conquest, early termination, complimentary maintenance, and other special programs or incentives may not be available to all buyers, based upon residency and credit qualifications, and are subject to rules and regulations set forth by the respective vehicles manufacturers or distributors, may be subject to credit approval with primary lenders, and may change or expire without prior notice.  New Country explicitly makes no guarantee as to the accuracy or availability of any special program or incentive offered by any other person or entity.

Ownership and Proprietary Rights

All information contained in this Site, unless otherwise stated, is owned solely and exclusively by New Country or its licensors. You acknowledge and agree that all contents and materials available on this Site are protected by copyrights, trademarks, service marks, and/or other proprietary or intellectual property rights and laws.  Access to this Site is permitted only for your personal, non-commercial use and any other use is prohibited without the prior express written consent of New Country. You may not amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this Site.  You may not use any meta tags or any other "hidden text" utilizing New Country 's name or trademarks.  

Warranty Disclaimer

NEW COUNTRY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION OR CONTENT CONTAINED IN THIS SITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR SITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEW COUNTRY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. NEW COUNTRY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSIONS OR LIMITATIONS ON THE TYPES OR AMOUNT OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE RECOVERABLE, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Incentives Offered by Manufacturers

Rebates and other incentives provided by vehicle manufacturers or their respective distributors or financing companies are subject to the terms specified by such entity. These terms include, among others, the particular vehicle or trim/model eligible for the incentive, timeframe of the offer and limitations on quantities and/or combinations with other offers. Please contact your New Country dealership for details on available incentives.

Usage and Ownership of Customer Information

All information submitted to or obtained by New Country through the Site becomes and remains the property of New Country. We may use such information for any purpose we deem appropriate in accordance with applicable law and our Privacy Policy.  By using this Site, you agree to be bound by and consent to the terms of our Privacy Policy, which is incorporated herein by reference. Please review it carefully.

Links to Third Party Websites

While using this website, you may choose to link to third-party websites that are not affiliated with New Country. New Country is not responsible for the content of these third-party websites, or any subsequent links, and has no control over the contents found there.  For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third-party websites are not necessarily those of New Country, and New Country does not endorse the contents of these third-party websites and/or any products or services offered by the owner(s) of such sites in any way.   Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential.  

Legal Disputes and Choice of Law

DISPUTE RESOLUTION - MANDATORY ARBITRATION AND CLASS ACTION WAIVER

ARBITRATION AGREEMENT. YOU AND NEW COUNTRY AGREE THAT ANY CLAIMS OR DISPUTES ("Claims") THAT ARISE OUT OF OR RELATE IN ANY WAY TO THESE TERMS OF USE OR THS SITE, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.

CLASS ACTION WAIVER: YOU AND NEW COUNTRY AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor New Country may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or New Country. To be clear, you and New Country both waive any right to participate in any class action involving disputes between us.

This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth below in these Terms of Service will remain in full force and effect.

ARBITRATOR AUTHORITY: The arbitrator's authority is governed by this arbitration agreement. You and New Country agree that the arbitrator may award the same relief that a court of competent jurisdiction could award - consistent with and limited by these Terms of Use (including the limitations of liability set forth herein), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with New Country. An arbitrator may award attorneys' fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.

ARBITRATION PROCEDURES: You and New Country agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures ("JAMS"). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. New Country will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys' fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. The place of the arbitration will be at a location mutually agreed upon by the parties. The agreement formed by your consent to these Terms of Use has been made in, and will be construed in accordance with the laws of, the State of New York, without regard to its choice of laws rules.

 SURVIVAL: This arbitration agreement survives the termination of this Visitor Agreement between you and New Country.


JURY TRIAL WAIVER.

You and New Country expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 8 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.

Violations of Website Terms of Use

In the event you violate or attempt to violate any part of these Terms of Use, New Country reserves the right to terminate your access to this Site immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Site.

Indemnification

You agree to indemnify, defend, and hold harmless New Country from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees), relating to your use of the Site that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

Severability and Integration

In the event any part of these Terms of Use is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that these Terms of Use represent the entire agreement governing your use of the Site.

Reservation of Rights

Any and all rights not expressly granted to you in this Legal Notice and this Website Terms of Use are hereby reserved by New Country. This Site is intended for use only by citizens of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing this website, you represent and affirm that you meet these requirements.

Minors

In compliance with the Children's Online Privacy Protection Act, New Country does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website without parental or legal guardian's consent, we will immediately delete such information.

Procedure for Alleging Copyright Infringement

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Site, please notify us by sending a notice by U.S. Mail to: New Country Motor Car Group, 358 Broadway, Suite 400, Saratoga Springs, NY 12866, Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Site the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

 

Revised 06/14/19