Terms of Service
Last Updated: January 1, 2025
1. Acceptance of Terms
Welcome to Newport Motors. These Terms of Service ("Terms") constitute a legally binding agreement between you and Newport Motors ("we," "us," or "our") governing your access to and use of our website ("Website"), including all content, functionality, and services offered on or through the Website (https://web-temp-1.dealerclick.com).
By accessing, browsing, or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.
2. Modifications to Terms
We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion, without prior notice. Any changes will be effective immediately upon posting the revised Terms on this page, with the "Last Updated" date revised accordingly.
Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates.
3. Use of Website
Our Website is designed to provide information about our automotive dealership, vehicle inventory, financing options, service offerings, and related automotive services.
3.1 Permitted Use
You agree to use the Website only for lawful purposes:
- To browse our vehicle inventory and obtain information about vehicles
- To contact us regarding vehicle purchases, financing, or services
- To submit inquiries, applications, and forms through provided channels
- To schedule service appointments and manage vehicle maintenance
3.2 Prohibited Conduct
You agree NOT to:
- Use the Website for any unlawful purpose or in violation of any applicable laws or regulations
- Submit false, misleading, or fraudulent information through any forms or applications
- Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website
- Use any automated means (including bots, scrapers, or crawlers) to access the Website without our express written permission
- Interfere with or disrupt the Website or servers or networks connected to the Website
- Transmit any viruses, malware, or other malicious code
- Reproduce, duplicate, copy, sell, or exploit any portion of the Website without our express written permission
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
4. User Submissions and Forms
We provide various forms on our Website, including contact forms, credit applications, financing requests, trade-in valuations, service appointment requests, and other inquiry forms.
4.1 Accuracy of Information
When you submit any information through our forms, you represent and warrant that:
- All information provided is accurate, complete, and truthful
- You have the legal right to provide such information
- You are at least 18 years of age
- You have the authority to enter into binding agreements
4.2 Use of Submitted Information
By submitting information through our Website, you authorize us to:
- Contact you via phone, email, SMS, or mail regarding your inquiry
- Process your application, request, or inquiry using the information provided
- Share your information with third-party service providers as necessary (e.g., lenders, financing partners, service providers)
- Retain your information in accordance with our Privacy Policy and applicable laws
4.3 Consequences of Misuse
Misuse of forms, including providing false, misleading, or fraudulent information, may result in:
- Immediate termination of your access to the Website
- Rejection of your application or inquiry
- Legal action, including but not limited to civil and criminal prosecution
5. Credit Applications and Financing
5.1 Credit Authorization
By submitting a credit application through our Website, you expressly authorize Newport Motors and its financing partners to:
- Obtain your consumer credit report from one or more credit reporting agencies
- Verify the information you provided in your application
- Contact your employer, references, and financial institutions
- Share your application with multiple lenders and financing sources to secure the best financing options
5.2 No Guarantee of Approval
Submitting a credit application does not guarantee approval for financing. All credit decisions are made at the sole discretion of the lender or financing institution. We reserve the right to approve or deny any application for any reason.
5.3 Soft vs. Hard Credit Inquiries
Initial credit checks may be performed as "soft pulls" which do not affect your credit score. However, formal financing applications will result in "hard pulls" that may impact your credit score. You will be informed before a hard inquiry is performed.
6. Vehicle Information and Pricing
6.1 Accuracy of Information
We make every effort to ensure that vehicle information, specifications, pricing, and availability displayed on our Website are accurate and up-to-date. However:
- Vehicle availability is subject to prior sale or removal from inventory
- Pricing may change without notice and may not reflect the final sale price
- Vehicle specifications and features are provided by third-party sources and may contain errors
- We are not responsible for typographical errors or omissions in vehicle descriptions
6.2 Not an Offer to Sell
Vehicle listings on our Website constitute an invitation to make an offer, not a binding offer to sell. All vehicle sales are subject to final negotiation, execution of a purchase agreement, and availability at the time of purchase.
6.3 Third-Party Information
Vehicle history reports, market pricing data, and other information provided by third parties (such as Carfax, AutoCheck, or CarGurus) are provided for informational purposes only. We make no warranties regarding the accuracy or completeness of such third-party information.
7. Intellectual Property Rights
7.1 Ownership
All content on this Website, including but not limited to text, graphics, logos, images, videos, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "Content"), is the property of Newport Motors, its licensors, or third-party content providers, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for personal, non-commercial purposes only.
7.3 Restrictions
You may not:
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or Content
- Modify, create derivative works from, or reverse engineer any part of the Website
- Remove or alter any copyright, trademark, or other proprietary notices from the Content
- Use any Content for commercial purposes without our express written permission
8. Third-Party Links and Services
Our Website may contain links to third-party websites, applications, or services, including:
- Financing and lending institutions
- Vehicle history report providers (Carfax, AutoCheck)
- Market pricing services (CarGurus, Kelley Blue Book)
- Social media platforms
- Review websites
- Mapping and location services
We do not control, endorse, or assume responsibility for any third-party content, websites, products, or services. Your interactions with third-party websites are governed by their respective terms of service and privacy policies. We encourage you to review the policies of any third-party websites you visit.
9. Disclaimers and Warranties
9.1 "As Is" Basis
THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9.2 Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, NEWPORT MOTORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties regarding the accuracy, reliability, or completeness of content
- Warranties that the Website will be uninterrupted, error-free, or free of viruses or other harmful components
- Warranties regarding the results obtained from use of the Website
9.3 Vehicle Condition
Vehicle condition, specifications, and features are provided for informational purposes. All vehicles are sold "as is" unless otherwise specified in a written purchase agreement. We recommend inspecting all vehicles in person before purchase.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEWPORT MOTORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Business interruption
- Personal injury or property damage
- Costs of procurement of substitute goods or services
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the greatest extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold harmless Newport Motors, its officers, directors, employees, agents, affiliates, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use or misuse of the Website or any services provided through the Website
- Your violation of any law or the rights of any third party
- Any false, misleading, or fraudulent information you provide
12. Dispute Resolution and Arbitration
12.1 Informal Resolution
If a dispute arises between you and Newport Motors, we encourage you to first contact us directly to seek an informal resolution. Please use the contact information provided in the "Contact Information" section below.
12.2 Binding Arbitration
If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
12.3 Class Action Waiver
YOU AND NEWPORT MOTORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. Governing Law and Jurisdiction
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of your state, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the federal or state courts located in your state, and you consent to the personal jurisdiction of such courts.
14. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Website, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Suspected fraudulent or illegal activity
- Providing false or misleading information in forms or applications
- Abusive or harassing behavior toward our staff
Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Newport Motors regarding your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written.
17. Contact Information
If you have any questions, concerns, or comments regarding these Terms of Service, please contact us:
These Terms of Service are effective as of January 1, 2025 and govern your use of the Newport Motors website and services. By using our Website, you acknowledge that you have read and understood these Terms and agree to be bound by them.