By using SmartCarSearch.com, a web-based application offered by DeFacendis Consulting Inc. to display and/or query automotive related content ("Application”), you ("User") accept the following terms and conditions ("Terms and Conditions").

Use of Information

User agrees that all data and information obtained through use of the Application will be used solely for making a personal decision with respect to an automobile purchase and for no other purpose.

Indemnity

User agrees to indemnify and hold harmless DeFacendis Consulting Inc., and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from, in any manner whatsoever, use of the Application, violation of these Terms and Conditions or any other actions related to use of the Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of any kind.

Warranties Disclaimer

USER EXPRESSLY UNDERSTANDS AND AGREES THAT: 1) USE OF THE APPLICATION IS AT USER’S SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS. DEFACENDIS CONSULTING INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; 2) DEFACENDIS CONSULTING INC. MAKES NO WARRANTY THAT (i) THE APPLICATION WILL MEET USER’S REQUIREMENTS, (ii) THE APPLICATION WILL RUN UNINTERRUPTED, BE TIMELY, SECURE OR ERROR-FREE, (iii) THE DATA OBTAINED FROM USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH USE OF THE APPLICATION IN ANY MANNER WILL MEET USER’S EXPECTATIONS, AND (v) ANY ERRORS IN THE APPLICATION AND/OR SUPPORTING SOFTWARE WILL BE CORRECTED; 3) ANY DATA, INFORMATION OR MATERIAL OBTAINED VIA DOWNLOAD OR BY ANY MEANS THROUGH THE APPLICATION IS DONE AT USER’S OWN RISK AND DISCRETION, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM AND/OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH DATA, INFORMATION OR MATERIAL; AND 4) NO DATA, INFORMATION OR ADVICE, WHETHER IN WRITTEN OR ORAL FORM, OBTAINED BY USER THROUGH THE APPLICATION AND/OR DEFACENDIS CONSULTING INC. SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms and Conditions.

Limitation of Liability

USER EXPRESSLY UNDERSTANDS AND AGREES THAT DEFACENDIS CONSULTING INC. SHALL NOT BE LIABLE 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 RESULTING FROM: (i) USE OR INABILITY TO USE THE APPLICATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE APPLICATION; OR (v) ANY OTHER MATTER RELATING TO THE APPLICATION.

Term and Termination

The term of the Terms and Conditions shall commence on the date upon which User agrees to such Terms and Conditions and shall continue in force thereafter.  DeFacendis Consulting Inc. may change, suspend or discontinue all or any aspect of the Application, including availability, at any time, and may suspend or terminate User’s use of the Application at any time.