Effective April 1, 2017
When you register on this website, you hereby agree and acknowledge that your personal information will be placed into the Company database and that such personal information shall be shared with third parties for marketing purposes. If you are a resident of the State of California and would like to learn how your personal information is shared with third-parties (as defined in the Shine the Light Law, Cal. Civ. Code 1798.83), or what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, and also if you would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes please contact us at: info&CarsAndHearts.com, or send postal mail to CarsAndHearts, [Address] or call us at [949-466-4632]. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from CarsAndHearts, in accordance with applicable laws.
By submitting your personal information on the website, you agree that we may share such personal information with our Third Party Service Providers in order to complete your request for Services. Our Third Party Service Providers may use the personal information that we transfer to them for any lawful purposes, subject to any restrictions contained herein including, without limitation, in connection with contacting you for purposes of completing your application for the Services. The information that you must supply on any Services application hosted by the Third Party Provider(s) shall be determined by the applicable Third Party Service Provider(s) and any information that you subsequently supply to any Third Party Service Provider(s) shall be governed by such Third Party Service Provider(s) privacy policies. Please be advised that Company does not itself provide products and/or services. The Services will be provided by Third Party Service Providers, and the ultimate terms and conditions of the Services will be determined by those Third Party Service Providers.
We may share the personal information that you supply to us with any third party and we may work with other businesses to bring selected retail opportunities to our users. These businesses and third parties may include, but are not limited to: (i) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (ii) e-mail marketers; (iii) telemarketers; (iv) SMS text-based marketers (where permitted by applicable law); and (v) direct marketers.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users personal information as needed to perform their functions for us but we do not permit them to use your personal information for other purposes.
Additionally, we purchase and manage e-mail lists generated by third parties. Users may remove themselves from a specific mailing list by utilizing the unsubscribe options that are present and available at the end of each piece of e-mail that we send.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with transactions entered into by you on the Site. We may also use your personal information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business and the Site or to administer activities on our behalf.
By registering at the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR ç³±0 et seq.), as amended from time to time and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commissions Do-Not-Call List, and/or on applicable state do-not-call lists, we, as well as our Third Party Service Providers, retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
You may unsubscribe from any of our e-mail marketing programs at any time via an unsubscribe hyperlink that allows the recipient to unsubscribe from the specific marketing program by clicking the hyperlink provided and following the instructions that follow. We process all unsubscribe requests in a timely fashion, but cannot guarantee that you will never receive another mailing from us, as we may obtain your e-mail address again through a different e-mail marketing program that you have opted in to. We can guarantee, that if you should ever receive another e-mail communication from us, you will be able to remove your e-mail address via the unsubscribe hyperlink. We are able to offer our free services, in part, based upon the willingness of our users to be contacted by our marketing partners, including affiliated third party advertisers. By allowing us to make the information that you supply available to our marketing partners, you will receive free product and service information that may be of interest to you. You may, at any time, notify us that you do not wish to have your personal information disclosed to third parties for offers and promotions by sending an e-mail to info&CarsAndHearts.com.
Demographic information is shared with third party advertisers so that they can tailor their advertisements to the appropriate audience. Data may also be shared with other third parties. We use demographic information to tailor the website to the interests of our users.
Our servers automatically recognize your IP address each time you visit the site and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you to and to better tailor our product and service offerings contained within the Site. Your IP address can also be used to help diagnose problems with our servers, and to administer the website.
Other methods of tracking: An action tag or a web-beacon (also known as a clear gif/pixel tag) is a method used to track responses or actions by visitors who view certain advertisements and/or other information on the website. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the website and to provide information about what products/services are viewed or purchased. We reserve the right to retain this cookie and action tag data indefinitely, and to share information generated by these cookies and action tags with our advertisers, affiliates and service providers.
The privacy of your personal information is very important to us. As such, we endeavor to safeguard our users' personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.
All of our users personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job function are granted access to personal information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
No information should be submitted to, or posted at, the website by visitors under eighteen (18) years of age or the applicable age of majority (if greater than eighteen 18 years of age). Persons eighteen (18) years of age or the applicable age of majority are not permitted to access the website and we do not knowingly collect personal information from such individuals. We encourage parents and guardians to spend time with their children and to participate and monitor their online activities.
CarsAndHearts provides its users with the opportunity to receive special products, offers and/or services from third parties including, but not limited to, our Third Party Service Providers. Where you indicate the desire to receive certain offers, products or services from a third party during the applicable information collection process, your personally identifiable information that was provided during the information collection process will be shared with the applicable third party so that such third party may provide their product or service to you and so that you do not have to complete another information collection form to purchase or receive that product or service.
The website may contain links to other third-party owned and/or operated websites including, but not limited to, the websites of our Third Party Service Providers. Company is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Company has no responsibility or liability relating to them.
At any time you may request CarsAndHearts to: (i) amend the personal information that we have on file for you; (ii) inform you of what personal information we have on file for you and/or (iii) remove personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at info&CarsAndHearts.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, amended or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical.
Please be advised that deleting your personal information may terminate or limit your ability to apply for Services. If you wish to apply for Services without any hindrance or limitation, you may decide not to delete the personal information that we have on file for you. Note that after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
We provide users with the option to opt-out from receiving information sent via electronic mailings on or own behalf of and that of our third party advertisers. Users may unsubscribe from receiving e-mail at any time by following the instructions contained at the end of every e-mailing. Unsubscribe requests can only be processed if you have registered with us in the first instance. If you have not registered with us and wish to opt out of receiving e-mail from a particular sender, please consult that senders opt out policies or contact that sender. Information sent on behalf of third party advertisers is prepared several days in advance, so users may continue to receive e-mail from us for up to ten (10) days following the unsubscribe procedures detailed above. If, after that point, a user is still receiving e-mail from us, the user should contact us at (330) 658-7108. Notwithstanding the foregoing, we may continue to contact you for purposes of communicating information relating to your application for Services, as well as to respond to any inquiry or request made by you. To opt-out of receiving Services-related and/or inquiry response-related messages from us, you must cease applying for Services, and cease submitting inquiries to us.
In no event shall we be liable for any damages of any kind arising in connection with: (i) your use of the site; (ii) the unauthorized modification of your personal information; or (iii) advertisements provided by us, our marketing partners or any other third parties.
Effective April 1, 2017
I. Requirements. The website is not intended for use by individuals under eighteen (18) years of age or the applicable age of majority, if greater than eighteen 18 years of age. If you are under eighteen (18) years of age or the applicable age of majority, you do not have permission to use and/or access the website. The website, and the ability to apply for services, are available only to individuals who can enter into legally binding contracts under applicable law.
II. Agreement Acceptance. This agreement constitutes the entire and only agreement between you and company with respect to your use of this website, and supersedes all prior agreements, representations, warranties and/or understandings with respect to the website. As such, you agree to the terms and conditions set forth in this agreement with respect to your use of the website. We may amend the agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest agreement will be posted on the website, and you should review the agreement prior to using the website. By your continued use of the website, you hereby agree to comply with and be bound by all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute).
V. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the website are protected under applicable copyrights, trademarks and other proprietary (including intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the website is strictly prohibited. Retrieval of material from the website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the website. The posting of information or material on the Site by Company does not constitute a waiver of any right in such information and/or materials. The website name and logo, and all associated graphics, icons and service names, are trademarks of Company. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owners express written consent is strictly prohibited.
VI. License Grant. You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the website and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. You may use the site on one computer for your own personal, non-commercial use. No part of the website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the website or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the website is not transferable.
VII. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the website, is a violation of criminal and civil law. Company will pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
VIII. Modification. Company reserves the right to edit, modify, or delete any documents, information or other content appearing on the website in our sole discretion.
IX. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the website and/or Services; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Service Providers; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section IX are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
X. Disclaimer of Warranties. The site, services and/or any other products and/or services that you may apply for through the site are provided to you on an "as is" and "as available" basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, company makes no warranty that: (a) the site, services and/or any other products and/or services that you may apply for through the site will meet your requirements; (b) the site, services and/or any other products and/or services that you may apply for through the site will be uninterrupted, timely, secure or error-free; (c) you will qualify for services from our third party providers; or (d) the results that may be obtained from the use of the site, services and/or any other products and/or services that you may apply for through the site will be accurate or reliable. The site, services and/or any other products and/or services that you may apply for through the site may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from company, its third party providers or otherwise through or from the site, shall create any warranty not expressly stated in the agreement.
XI. Third Party Websites. The website may provide link out or refer you to other websites. Company has no control over such third party websites, and therefore you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
XII. Limitation of Liability. You expressly understand and agree that company shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if company has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the site, services and/or any other products and/or services that you may apply for through the site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, the site; (c) the failure to qualify for services from our third party providers,; (d) the unauthorized access to, or alteration of, your registration data; and (e) any other matter relating to the site, services and/or any other products and/or services that you may apply for through the site. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. You hereby release company and its third party providers from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitations, the maximum liability of company to you under any and all circumstances will be three hundred dollars ($300.00). The negation of damages set forth above is a fundamental element of the basis of the bargain between you and company. The website, services and/or any other products and/or services that you may apply for through the site would not be provided to you without such limitations.
XIII. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the website, Services, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Los Angeles, California, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (???Final Settlement Offer???). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
XIV. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements between you and Company. To the extent that anything in or associated with the Site and/or any Company offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
XV. Contact Us. If you have any questions about the practices of the site or this Agreement, please e-mail us at info&CarsAndHearts.com