If any of what you have read so far is not clear or not acceptable to you, please do not use TANC. We completely understand that we are not a perfect fit for everyone.
Advertising networks. Companies that deliver targeted advertisements to consumers and generate statistics and metrics related to the delivery of internet-based advertisements.
Data Technologies. Technologies, such as cookies, local shared objects, pixels and web beacons, used to automatically collect information about your actions and your visit to TANC, including all current and similar future technologies, including but not limited to anonymous advertising identifications used on mobile devices, and otherwise in a way that is similar to cookies.
Internet-based advertising. Also known as “online behavioral” and “interest-based” advertising, this is advertising which is customized based on predictions generated over time from your visits across different websites, devices, and mobile applications.
Personal information. Personally identifiable information about you as an individual, such as an your name, address, telephone number, and email address.
Registration information. Personal information collected from you at registration, including but not limited to your name, email address, mailing address, telephone number, user name, and password. The registration information we ask for may vary, but we only collect the registration information that you manually enter into our forms.
Third party service providers. Entities contracted with TANC to provide services to TANC or on our behalf.
If any of what you have read so far is not clear or not acceptable to you, please do not use TANC. We completely understand that we are not a perfect fit for everyone.
Information We Collect and How We Use It
- Automatic Collection of Information
TANC gathers information from your computer and from whatever other device you are using when you visit TANC, such as a handheld mobile device or a tablet, whether you register for an account with TANC or not. We encourage you to register with TANC to take advantage of all of TANC’s features. You may choose not to register, however, and registration is not required. If you do not register, you can still use TANC, but some features and functionality will be limited or not available at all. If you do not register, then the information we collect from you is limited to the information described below.
Anytime you visit TANC, we collect your IP address to help diagnose problems with our server, administer TANC, and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on whether you access TANC through an “always-on” type of Internet connection (e.g., cable modem or DSL), or through a dial-up connection (e.g., AOL or Earthlink). Either way, it would be extremely difficult for TANC to identify you through your IP address only, and we make no attempt to do so. We also collect information on whether you reached TANC by clicking on a link or advertisement on another site, which helps TANC to maximize our Internet exposure, and to understand the interests of our users. We also collect information on your ISP or mobile carrier and the type of handheld or mobile device you used. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate generalized reports on our visitors, but not reports about individual visitors.
TANC may partner with advertising networks, which may use information collected through a variety of Data Technologies to provide customization, auditing, research and reporting for TANC, and for other advertisers. We may also act as an advertising network and use information collected through a variety of Data Technologies while you are visiting TANC, and while you are visiting elsewhere where we may be acting as a third party. This data collection takes place both on TANC and on third-party websites and mobile applications. This process allows TANC and third parties to deliver targeted advertising, enhance marketing programs, and help determine the effectiveness of these techniques. Advertising networks may also use this information to determine and/or predict the characteristics and preferences of their respective advertising audiences, and to measure the effectiveness of their advertising, which they do in accordance with their own privacy policies.
Some companies disclose when they are using interest-based advertising programs on TANC to deliver third-party ads, and when they are collecting information about your visit for these purposes, to give you the ability to opt-out of this use of your information. You may see an icon indicating this, in or around third-party advertisements on TANC that use interest-based advertising programs, and on pages where data is collected and used for online interest-based advertising. Clicking on this icon will provide additional information about the companies and data practices that were used to deliver the advertoisement. You can opt out of delivery of targeted advertising to you by TANC and by other companies here: www.aboutads.info/choices, and here: www.networkadvertising.org/managing/opt_out.asp. We also partner with Amazon to deliver advertisements, but you can opt out of delivery of targeted advertising to you by Amazon by visiting www.amazon.com/adprefs. If you opt out, you will continue to receive advertisements, but they will not be tailored to your specific interests.
We do not provide information that is directly associated with a specific person (such as name and address) to any advertising network when you interact with or view a customized advertisement. When you view or interact with an advertisement, however, the advertiser may assume you are interested in the subject matter of the advertisement.
TANC, our third party service providers, our advertising networks, and car dealers, Sellers, and/or other advertisers on TANC, also use Data Technologies, as follows.
Local Shared Objects or “Flash Cookies”
“Local shared objects”, also known as “flash cookies”, are likely to be used by some of the entities which advertise on TANC, to store your preferences, and to display content based upon what you have viewed on various websites or mobile applications, in an effort to personalize your visit – to try to make the things you see more appealing to you individually. To control Flash cookies, visit: https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. If you use Firefox, you can obtain an add-on to detect and delete Flash cookies by visiting https://addons.mozilla.org/en-US/firefox/addon/betterprivacy/ and clicking “Add to Firefox”.
A “web beacon”, also known as an “Internet tag”, “pixel tag” and “clear GIF”, links web pages to web servers and their cookies. TANC and our third party service providers may use web beacons to understand site usage, help customize our content, offer advertisements on TANC, personalize your experience on TANC, analyze trends, and for other purposes related to the management and administration of TANC, as well as in emails we send to you to notify us that the email was opened.
Applications and Widgets for Social Media
If any of what you have read so far is not clear or not acceptable to you, please do not use TANC. We completely understand that we are not a perfect fit for everyone.
- Information Collected Upon Registration and Requests to be Contacted
Information Collected When Requesting to be Contacted by a Seller
If you want to be contacted by a Seller, and you use the Contact Seller function on TANC, the Seller will receive your email address associated with your TANC registration. Also, both that Seller, as the case may be, and TANC may collect personal information provided by you through the Contact Seller functionality we provide on TANC, which may include your name, email address, postal code, and telephone number, so that the Seller can contact you, and so that TANC can email you. TANC may also use information you provide on the contact form to provide you with information on special offers, products, and services that we think may be of interest to you, and/or to contact you to collect your feedback on TANC, and/or the business partners you contact through TANC.
Information Collected When Registering with TANC
If you choose to register with TANC, you’ll be able to add content to TANC, subject to TANC’s Use Agreement, which is available on TANC, at the “Terms” link in the footer. For example, you may post your own car reviews and participate in our Questions/Comments functionality. The benefits of registering will increase over time as we get to know our visitors better, and introduce new features.
If you register with TANC, in addition to the information collected that is described above, we will also collect registration information, including your name and email address. We will store all or some of that information in a cookie file on your hard drive, so that our system will recognize you each time you visit TANC.
Once you register, we may also use registration information to periodically contact you with news or important information about your account, to provide you with information about special offers, products and services that we think may be of interest to you, to communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions, and to request feedback on TANC.
You may opt-out of any or all future marketing communications and notifications from TANC by clicking on the unsubscribe link we place at the footer of every email we send to you, that is not in response to an action taken by you or specific to you and/or your registration and use of TANC.
Cancelling Your TANC Registration
You can cancel your registration with TANC by e-mailing CustomerService@TANC.com. We will send you an e-mail to confirm your request. After we receive confirmation, we will remove your information from our active database, but some information will remain in our database and/or archives for our own corporate recordkeeping and as required to comply with law. TANC is not be able to remove your information from computers or databases of any third party, such as an advertiser and a Seller, after it has been transmitted to them.
- Information Collected From Other Sources
We may acquire or obtain information from other sources as follows:
- From other third-party sources to update or supplement the information that you provide or that we collect automatically. This includes, for example, vehicle registration information and other information from public databases, private databases, and data aggregators.
- From our partners and service providers, including, for example, business partners, analytics vendors, advertising networks and search information providers.
We may use this information to help TANC maintain the accuracy of the information we collect, personalize your experience with TANC, target our communications so that we can inform you of products and services or other offers that may be of interest to you, fraud prevention, and for internal business analysis and other business purposes.
- How your personal information is shared and accessed.
Except as set out below, we will aggregate personal information from all of our users and provide that information in the aggregate to some Sellers, manufacturers, and advertisers, for marketing and promotional purposes, BUT, if we do so, that information will be anonymized so as not to be personally-identifiable.
We may share information about you, including personal information, with our corporate affiliates, who will use it in accordance with their privacy policies.
- Sellers and Manufacturers /Requests.
With your express consent, TANC may sell personal information to sellers and manufacturers who may use that information for purposes of marketing their products or services to you directly. When you request services beyond those directly available from TANC, we may provide your personal information to sellers and manufacturers who are able to provide the services you request.
Sellers and manufacturers may use your personal information to respond to your requests, or provide further information about products and services that they believe will meet your continuing needs. Your personal information will be subject to their privacy policies, and you should contact them directly for more information about their specific privacy and opt-out policies. By submitting a request for such information through TANC, you consent to our transmission of your personal information to the sellers and/or manufacturers that we, in our sole discretion, believe may be able to provide such services.
- Service Providers.
We may allow third party service providers (such as market research firms, marketing services providers, and advertising agencies) access to your personal information to perform services on our behalf. We contractually require our service providers to provide protection for personal information and to limit the use of such information solely for the purpose of providing the specified services on our behalf.
- Other Providers of Products and Services.
We may allow other third party providers of products and services (for example escrow services and financing providers) to access personal information that you voluntarily provide on TANC, so those providers can provide products and services to you. We contractually require such providers to provide protection for personal information and to limit the use of such information for the purpose agreed to by you when submitting such personal information on TANC. By submitting personal information on TANC in connection with receiving products and/or services from these providers, you (i) consent to our transmission of your personal information to such providers, (ii) understand that your personal information will be subject to their privacy policies, and (iii) understand that you should contact them directly for more information about their specific privacy and opt-out policies.
- Legal Authorities.
TANC will cooperate with legal authorities, and may in some circumstances be required to disclose personally identifiable information in response to requests from law enforcement authorities, or in response to a subpoena or other legal process. We can also share information about you if we believe we must in order to (a) prevent a violation of the law; (b) protect or defend our interests and the legal rights or property of TANC and our affiliates; (c) protect the rights, interests, safety and security of users of TANC, or employees, contractors, agents, and members of the public; (d) protect against fraud and for risk management purposes; or (e) to comply with prudent legal practice as we may determine, and applicable law or legal process. We may also share information about you in the course of legal proceedings if we are legally required to do so, if we reasonably believe that doing so may mitigate our liability, or if doing so will assist TANC in enforcing our legal rights. We also may share your information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or sale, and in the event of bankruptcy.
- Storage of Personal Information.
Your personal information is stored on servers in the U.S. Also, some of our service providers may store information in servers hosted in countries different from where you reside. As such, your personal information may be subject to the laws of other countries, where the data protection and other laws may not be as comprehensive as your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities in the countries in which we operate.
- Publicly-Posted Information.
Your profile on TANC will be publicly viewable and identifiable via your screen name. TANC will not share your email address with any other members nor display it any public manner.
When you contact a Seller using the Contact Seller function, TANC will provide the Seller with your email address that you provided to TANC during the registration process, and you agree and consent to allow TANC to do so. Also, if you submit your e-mail address or phone number to a particular Seller through the TANC site, you agree to being contacted by the Seller by various means, including by phone at the number provided, text message, email, automatic telephone dialing system and/or an artificial or prerecorded voice.
Information that you make available to TANC and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.
By using TANC, you consent to our automatic collection of information that does not personally identify you about your visit to TANC, whether you register with TANC or not.
- How you can review and update your personal information.
You can review and update the personal information you have provided through the registration process by contacting us at CustomerService@TANC.com. To request an accounting of how your information has been used or disclosed, and to make a complaint, or ask a question, you can also contact TANC at:
2358 University Ave., #2244
San Diego, CA 92104
- Security – Steps we take to protect your personal information.
TANC has implemented commercially reasonable administrative, technical, personnel, and physical security measures designed to help protect the personal information stored in our systems against loss, theft and unauthorized use, disclosure or modification. For example, we limit access to personal information about you to individuals who we believe reasonably need to come into contact with that information. We also employ processes (such as password hashing, login auditing, and idle session termination) to protect against unauthorized access to your personal information. Technical measures also include use of firewall protection and in some instances may include encryption technology. Although we take reasonable precautions to assess the reliability of such technology, we rely on the statements of the vendors of those products and services as part of its security evaluation. Please note that although TANC has endeavored to create a secure and reliable Site for users, the confidentiality of any communication or material transmitted to/from TANC, and the security of your personal information, cannot be guaranteed. TANC urges you to take every precaution to protect your personal information when you are visiting TANC.
- Data Retention
- Your California Privacy Rights
California Civil Code Section 1798.83 entitles California users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact TANC using the contact information above.
- Children’s Privacy
TANC is not intended to be used by children. TANC is not intended to be used by anyone who is not at least 18 year of age or an emancipated minor, and who otherwise has the legal capacity to enter into a contract, because you must have the legal capacity to enter into the contract that is the TANC Use Agreement, in order to use TANC.
THAT’S A NICE CAR USE AGREEMENT: August 28, 2019
Throughout this Use Agreement, the terms “you” and “your”, “user” and “users” refer to you – the person(s) viewing and/or using the That’s A Nice Car website, defined below.
Throughout this Use Agreement, the terms “That’s A Nice Car”, “TANC”, “we”, “us”, and “our”, refer to the That’s A Nice Car website and all of the content, located at:
- This Use Agreement is a contract between you and TANC. When you use TANC in any way, everything you do and everything TANC does is covered by this Use Agreement, as between you and TANC. You must be at least 18 years of age or an emancipated minor, and you must have the legal capacity to enter into a contract, or you are prohibited from using TANC – because this Use Agreement is a contract between you and TANC.
- This Use Agreement is not a contract between you and any other user or any advertiser or any third party. This Use Agreement does not govern the relationship between users regarding the purchase and sale of any vehicle, or any other transaction between or among users that occurs via TANC.
- TANC can not and does not make any representation about or guarantee the accuracy of the information on TANC, including but not limited to the information about the vehicles listed for sale – only the Sellers can do that.
- TANC is not a party to any transaction that takes place as a result of anything listed for sale on TANC. The TANC website is a classified listing service only. TANC is not a Seller, Seller’s agent, dealer, or broker in any way.
- TANC does not negotiate or sell anything. Sellers and Buyers are responsible for all negotiations, and for the terms, conditions, and results of all transactions – not TANC.
- TANC may restrict or prevent access to TANC at any time, by any person(s).
- ALL disputes related to TANC have to be resolved ultimately by arbitration, which includes waiving your right to a jury, and waiving your rights to damages, including but not limited to punitive damages.
- General Provisions
- By using TANC in any manner, including through automated means, you accept and agree to the terms of this Use Agreement, which is a legally binding agreement between you and TANC. You may also be subject to other posted terms and guidelines applicable to certain services available on or through TANC, all of which are part of this Use Agreement, and incorporated herein by this reference. If you want to negotiate the terms of this Use Agreement, you can contact us at CustomerService@TANC.com with your specific request. TANC will change the terms of this Use Agreement from time to time. Your continued use of TANC after the posted effective date constitutes your agreement to all changes, except that the version of this Use Agreement in effect at the time any dispute arises is the version that controls the dispute, regardless of subsequent changes to the Use Agreement.
- TANC makes an effort to provide accurate and useful content, and we ask all users to do the same. Nevertheless, TANC does not make any representation about accuracy of the information provided by TANC or by users, or by others such as advertisers. TANC does not review the accuracy or completeness of the information on our website. You can be absolutely sure that from time to time, the information on TANC will contain errors, and will be wrong. Therefore, we make no representations or guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on TANC, so you should not rely on it without independent verification.
- We invite you to bring to our attention any materials or information on TANC that you believe to be inaccurate, offensive, inappropriate, deceitful, or otherwise just wrong. Please forward a copy of the materials or information to CustomerService@TANC.com, along with an explanation. We may or may not act on the information you provide.
- Buying and Selling Vehicles
- TANC is a classified listing site only. Our entire function is to bring Buyers and Sellers together, based on content provided by Sellers, and responses to that content from Buyers. We are not responsible for any content, and we not participate in any transaction or any negotiation in any way whatsoever. TANC is not a party in any way to any transaction between Buyers and Sellers that originates on or through TANC. Information about all vehicles is supplied and/or approved solely by the Seller, not by TANC. The price and other terms of any sale are entirely subject to negotiation between and agreement by the Seller and the Buyer, not TANC.
- Buying a Vehicle
- When you find a vehicle listed on TANC and you buy that vehicle as a direct on indirect result of the TANC Listing, you are agreeing to pay TANC’s fees. Your failure to pay TANC’s fees in connection with the purchase of vehicle that was listed on TANC is a violation of this Use Agreement. Soliciting or participating with a Seller in any way to engage in a scheme to avoid payment of TANC’s fees by either or both Buyer and/or Seller, and taking any other steps to circumvent TANC by either or both Buyer and/or Seller not paying TANC’s fees, is also a violation of this Use Agreement.
- To buy a vehicle for sale on TANC, Buyers are required to provide certain identifying and contact information. When you use the “Contact Seller” function on TANC, the Seller will receive your email address that is associated with your TANC registration, and you authorize TANC to provide this information to the Seller by using the “Contact Seller” function. The information must accurately identify the Buyer and the method of contact must permit a Seller to communicate directly with the Buyer. You may not use TANC to promote any other website, product, or service, unless you have an agreement with TANC to do so.
- Typically the Price that is agreed upon by a Seller and a Buyer for a transaction that originates on TANC does not include various other costs and expense, some of which are required by law, such as sales tax, finance charges, title, license, regulatory fees, emissions control inspections, dealer document fees, and various other compliance fees, any or all of which may be added to the Price in one way or another. Therefore, the Buyer should confirm with the Seller all costs, expenses, fees, timeframes, and any other information that is important to the Buyer’s decision-making process, before purchasing a vehicle or any other good or service you have read about on TANC. Once again, the entire transaction is between Sellers and Buyers; TANC is not responsible for, and does not make any representation or guarantee about the performance of any vehicle, goods, or services listed or researched via TANC.
- If you are interested in a car that is listed as “certified”, ask the Seller what that means. Typically, “certified” used cars have meet certain standards established by manufacturers and/or dealers as part of pre-owned vehicle programs. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, however, not by TANC. Vehicles included on TANC as a certified vehicle is listed that way by the Seller, not by TANC. Only the Seller that lists a vehicle as a certified vehicle is responsible for the decision to certify that vehicle, and the definition of “certified”. You should be familiar with the terms of the certification program applicable to a car you are interested in buying.
- Selling Your Vehicle
- When you list a vehicle for sale on TANC and you sell that vehicle as a direct or indirect result of doing so, you are agreeing to pay TANC’s fees. Your failure to pay TANC’s fees in connection with the sale of vehicle that you listed on TANC is a violation of this Use Agreement. Soliciting or participating with a Buyer in any way to engage in a scheme to avoid payment of TANC’s fees by either or both Buyer and/or Seller, and taking any other steps to circumvent TANC by either or both Buyer and/or Seller not paying TANC’s fees, is also a violation of this Use Agreement.
- TANC offers 4 options for posting you car on TANC. For information about listing a car for sale on TANC, click “Sell A Car” on our home page, and also be sure to read our FAQ’s. For those of you who want to list more than five vehicles for sale at any given time, contact us at CustomerService@TANC.com.
- You must be prepared to sell your vehicle for a Price within the Value Range and on the terms on which you have listed the car for sale, assuming the other terms and conditions of the Buyer’s Offer meet with your approval, as a condition of listing you car for sale on TANC. You must have possession, or be an authorized agent of the person who has possession, of the actual vehicle listed, and the owner of the vehicle must have the present ability to transfer title. To list a vehicle for sale on TANC, Sellers also are required to provide certain identifying and contact information. The information must accurately identify the Seller and the method of contact must permit a Buyer to communicate directly with the Seller. You may not charge any potential Buyer for information about any vehicle listed for sale on TANC, and you may not use TANC to promote any other website, product, or service, unless you have an agreement with TANC to do so.
- By using TANC as a private Seller, you represent that you are at least 18 years old, you are not a car dealer, you are not listing the car for sale as an owner, employee or representative of a car dealer, unless you make arrangements to do so with TANC ahead of time. Private Sellers may not have more than 5 Listings at any given time, except by prior agreement with TANC to do so.
- When you list a vehicle for sale on TANC, we may provide additional distribution for your Listing through relationships we have with other individuals, companies, and websites, and we may promote your listing on or through third-party websites and services. You will not pay anything for this additional exposure, and our promotional partners will not contact you without your permission. If you do happen to receive a solicitation that you did not authorize, contact us immediately at CustomerService@TANC.com.
- Each Listing is for one car only, and Listing fees are not refundable. You cannot change the year, make, model and VIN once your Listing goes live, although we will change it for you –with your permission – if the change is simply to correct an error or make a clarification. When you use TANC to sell your vehicle, you agree to pay the price of the option you select, and a portion of the price is due regardless of whether your car sells. If your car does sell, you are responsible to determines and pay any and all non-TANC fees and costs, such as taxes.
- You are entirely and totally responsible for the content of your Listing. This is true without any exception, regardless of whether TANC suggests content that you decide to include in your Listing. If you decide to use content we suggest, that means that you have independently verified the content in all ways and you have confirmed that it is accurate and applicable in all respects to your car and your Listing, and you have adopted it as your own. Often the content we suggest is generic or an opinion, or both. For example, if you are listing a Ferrari, TANC may suggest, “Many people believe that Ferrari cars are the most beautiful cars in the world, and this one is no exception.” Regardless of the content we suggest, however, generic, specific, opinion, or fact, if you decide to include it in your Listing then you have adopted it as true and correct, notwithstanding the fact that it originated from our suggestion. Responsibility and liability for the content of your Listing is entirely and totally yours alone, including all photos, and the content of all email messages you transmit regarding your TANC Listing. This is critically important for you to understand, and it is critically important to TANC that you are entirely honest and forthright and straightforward and above-board about your Listing at all times, in all ways. If TANC determines that you have provided misinformation about your Listing, regardless of the reason, we reserve the right to remove your Listing without any refund, and to prohibit you from using TANC ever again.
- When you create a TANC Listing, you may end up receiving emails, text messages, and phone calls from potential Buyers. If you do receive this information, you may not use it for any purpose other than to communicate regarding your TANC Listing. You may not use it to solicit or advertise in any way, for example.
- Third-Party Services
- As is true for most websites, you will find many links to other websites on TANC. These links include, but are not limited to, links to advertisers, car-related websites, escrow companies, vehicle inspection services, third-party warranty providers, mechanics, governmental agencies, and to really anything else – some related to cars and some not. Sometimes we are receiving revenue associated with the links on TANC, other times we are not. What is important about the links on TANC is that the fact that you find a link on TANC does not mean we endorse or condone the site that is linked to in any way; use those links at your sole risk. TANC not responsible, and you agree that TANC is not liable for the prices, terms, quality, reliability, and performance of the products and services provided by them. Your dealings with third parties found on or through TANC are solely between you and them. TANC is not responsible or liable for any loss or damage you may experience.
- Ownership and Permissions
- Everything on TANC is the property of TANC or our licensors (such as our advertisers). It is all protected by copyright laws, some is also protected by trade mark and service mark protections, some by international conventions, etc. Therefore, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on TANC for any non-private use or for any commercial use. It is acceptable for you to display and occasionally print a single copy a TANC page, as long as it is for personal, non-commercial use. Otherwise, it is prohibited for you to reproduce, store, or distribute any significant portion of anything on TANC without prior written permission from the owner. If you want to make a request to do so, just contact CustomerService@TANC.com.
- One thing you can do without prior permission is create a hypertext link to TANC, as long as the link does not make anything think that TANC endorses or sponsors you, your company, or your. You may not, however, frame any of the content on TANC, or incorporate any of TANC’s services or intellectual property into another website, except with our permission. If you want to make a request to do so, just contact CustomerService@TANC.com
- TANC and the TANC logo are all service marks or trademarks that are owned by us, and the names of other products and services on TANC may be the service marks or trademarks of their respective owners. It is always true that a trademark or service mark cannot be used without the prior written permission of the owner of the mark, so this is true about everything appearing on TANC that is protected by a service mark or a trademark – and everything else on the site, because it is all copyrighted.
- By providing and/or posting any material on or through TANC, you are giving TANC, and anyone authorized by TANC, a non-exclusive, unrestricted, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, display, broadcast, perform, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. This license you are giving us includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any jurisdiction. You are also giving TANC, and anyone authorized by TANC, the right to identify you as the author of the material by name, email address or user name, and to use your image and likeness (if you provided it) in connection with the material. You will not receive any compensation of any kind for the use of any material you provide and/or post on TANC. Note that TANC uses Listing data to derive information that is useful to TANC, such as vehicle valuation information, for display, for sale, and for distribution.
- User Content
- TANC allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Use Agreement and to the policies of their third-party providers.
- You assume total responsibility and risk for your use of any interactive areas of TANC. You acknowledge that any of the user-generated content posted or transmitted through TANC represents the views of the author, and not of TANC. You also acknowledge that your use of or reliance on such content is at your own risk.
- When publishing anything to TANC or using any social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
- material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- profanity in subject lines, messages, or signatures;
- any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
- material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
- spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
- material that contains advertisements or commercial solicitations; or
- material discussing illegal activities or linking to websites that deal with such activities.
- You further agree that you will not attempt or do any of the following:
- interfere with or disrupt TANC or our computer systems, servers, or networks;
- attempt to gain unauthorized access to any part of TANC, to accounts that belong to other users, or to computer systems or networks connected to TANC;
- engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
- collect information about others without their consent;
- interfere with the use of TANC by any other individual or party;
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
- share any user name and/or password you have on TANC with any other persons.
- Without limiting any of TANC’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on TANC or on our affiliated websites and services, and/or a ban from creating new accounts.
- Although TANC cannot monitor all of the listings and content posted to TANC, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Use Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Use Agreement, or to protect the rights, property or safety of visitors to TANC, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, TANC takes no responsibility and assumes no liability for any content posted to TANC by you or by third parties.
- When you register on TANC you are required to provide your email address. In doing so, you are giving TANC consent to use your email address to send you notices, including any notices required by law, instead of sending those notices by any mail service. We will also use your email address to send messages about changes to TANC, special offers, and newsletters. If you do not want to receive special offers and newsletters, however, you can unsubscribe by using a link within the email that contains the special offer and/or newsletter.
We might decide to terminate your use of TANC and your access to any of the parts of TANC that are restricted, such as those areas that require registration. Some of the reasons we might do this include, but are not limited to, (a) a violation or suspected violation of this Use Agreement or our other terms or guidelines, (b) a request from a governmental agency, including law enforcement, (c) we decide to change or discontinue all or part of TANC, (d) technical reasons, (e) security issues, and (f) fraudulent or illegal activities. You are agreeing to our right to restrict and terminate, at any time, in our sole and absolute discretion, and you agree that we will not be liable for any termination of your use of or access to TANC.
- DISPUTE RESOLUTION – MANDATORY MEETING, MEDIATION, ARBITRATION AND CLASS ACTION WAIVER
- Any dispute or controversy arising out of or relating to this Use Agreement shall be resolved in accordance with the provisions of this Paragraph; which shall be the sole mechanism for the resolution of any such dispute or controversy.
- INFORMAL EFFORT TO RESOLVE. As a condition precedent to pursuing any other means of dispute resolution (including any mediation or arbitration, as provided below), either Party to a dispute may request a meeting with the other Party. If requested, the meeting shall take place promptly, either in person or by video conference. The purpose of the meeting shall be to find a mutually satisfactory resolution to the dispute. If the Parties do not resolve their dispute by meeting, then either Party may proceed to mediation, as set forth below.
- MEDIATION. As a condition precedent to pursuing any other action below, the Parties agree to participate in mediation, conducted in San Diego, California, using a mediator agreed to by the Parties who is experienced in the subject matter of the dispute. The mediation shall be scheduled for a full day session, and the Parties shall provide to the mediator and exchange mediation briefs which describe the dispute in detail. The Parties agree to participate in the mediation fully and in good faith, to attempt to reconcile the dispute by reaching a compromise position. The cost of the mediator (and/or mediation provider) shall be shared equally by the Parties. If the Parties are do not resolve their dispute by mediation, then either Party may proceed arbitration, as set forth below.
- ARBITRATION AGREEMENT. YOU AND TANC AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THIS USE AGREEMENT, TANC, 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 TANC AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, NO REPRESENTATIVE, AND NO CONSOLIDATED ACTIONS IN ARBITRATION. Also, neither you nor TANC 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 TANC. To be clear, you and TANC 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. The Jury Trial Waiver set forth in this Use Agreement, howver, will remain in full force and effect.
- ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and TANC agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by this Use Agreement (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 TANC. 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; provided, however, that no award of attorney fees and costs may exceed the total amount of attorney fees and costs actually incurred by the non-prevailing party.
- ARBITRATION PROCEDURES: You and TANC 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”), available on the JAMS website at http://www.jamsadr.com and 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. Whoever initiates an arbitration will pay all filing fees and costs to do so, and each party will be responsible for paying thier own attorneys’ fees; unless and until there is a prevailing party and the arbitrator awards attorney fees and costs. Except for claims determined to be frivolous, TANC agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against TANC, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
- SURVIVAL: This arbitration agreement survives the termination of this Use Agreement between you and TANC.
- JURY TRIAL WAIVER.
You and TANC expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in this Use Agreement is not enforced or is found inapplicable, our claims against each other will be resolved by a judge, rather than a jury.
- Disclaimer of Warranties, Limitation of Liability, and Indemnification
- YOU RELY ON TANC AND ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH TANC AT YOUR OWN RISK. YOUR RELIANCE ON THESE THINGS IS A VOLUNTARY ASSUMPTION OF A KNOWN RISK BY YOU. THERE WILL BE OMISSIONS, INACCURACIES, DELAYS, AND OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES, PUBLISHED ON OR PROMOTED THROUGH TANC.
- EVERYTHING TANC PROVIDES TO YOU, MEANING YOUR USE OF TANC IN ANY WAY WHATSOEVER, IS “AS IS”, WHICH MEANS THAT TANC AND ITS EMPLOYEES, PARTNERS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND LICENSORS DO NOT MAKE ANY REPRESENTATION ABOUT THE ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON, THROUGH OR BY TANC. TANC WILL NOT BE ERROR FREE, IT WILL NOT BE CONTINUOUSLY AVAILABLE, IT MAY NOT BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, IT WILL NOT ALWAYS BE CURRENT, AND IT MAY INCLUDE CONTENT THAT INFRINGES ON THE RIGHTS OF OTHERS. TANC AND ITS EMPLOYEES, PARTNERS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND LICENSORS ARE NOT LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO TANC, BY YOU OR ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCES WILL TANC OR ITS EMPLOYEES, PARTNERS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF TANC OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON TANC, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF TANC AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO TANC WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF TANC OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH TANC.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- YOU AGREE TO INDEMNIFY TANC AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF TANC OR ANY BREACH OF THIS USE AGREEMENT.
- As part of the TANC registration process, you are required to provide your name, a user name, and a password. You agree this information will be accurate and complete, and that you will not register under the name of another person, or under a false name. If you provide inaccurate information during the registration process, we will terminate your access and we may prohibit you from using TANC in the future. Also, we reserve the right to disallow any user name we decide is offensive or inappropriate, in our sole and absolute discretion. You are responsible for preserving the confidentiality of your password, and you are responsible for all activity on TANC which occurs when the user is logged in using your username and password. Notify CustomerService@TANC.com of anything unusual about your TANC account.
- TANC reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.
- Notice of Copyright Infringement
If you own intellectual property and you believe your intellectual property has been improperly posted or distributed via TANC, notify CustomerService@TANC.com. 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 TANC the allegedly infringing material appears, sufficiently specific to allow us to locate the material; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the use is not 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, or you are authorized to act on behalf of, the owner of the work that has allegedly been infringed.
- This Use Agreement will be construed in accordance with the laws of the State of California, without regard to its choice of laws rules.
- Please report any violations of this Use Agreement to CustomerService@TANC.com.
If any of what you have read is not clear or not acceptable to you, please do not use TANC. We completely understand that we are not a perfect fit for everyone.
END OF USE AGREEMENT