FinancingAutoLoans.com Privacy Statement
- You can stop receiving promotional emails from us by following the instructions in the email you receive.
- You may cancel your registration or deactivate your account, or update your preferences at any time.
- You can manage cookies using your browser controls.
- You can opt out of the use of certain cookies.
- Individual products or services may offer additional controls or preferences.
Uses of Information
Your information is used to fulfill your requests and communicate with you, operate, support and improve our sites, products and services, conduct internal research, and personalize the content, products, services and advertisements offered to you.
We do not sell, rent or provide your personal information to third parties that are unaffiliated with Internet Brands. Your personal information is shared with third parties with your consent, except in circumstances where the law requires it to be shared.
How to Contact Us
- Use our Privacy Contact form, or write to us at the address below.
- Privacy Office
- Internet Brands, Inc.
- 909 N. Sepulveda Blvd., 11th Floor
- El Segundo, CA 90245 U.S.A.
Internet Brands, Inc. and its subsidiaries and corporate affiliates (collectively, "Internet Brands," "our," "us," or "we") operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as "site(s)," "service(s)," or "our sites and services."
Personal Information We Collect
Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. When you interact with our sites and services, depending on the site or service, we may ask for the following personal information directly from you:
- Contact Information allows us to communicate with you and generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers.
- Payment Information needed to process payments such as your credit or debit card number, expiration date, and card verification number.
- Personal Profile or Service Information helps us with the administration and personalization of your personal profiles or services, such as areas of interest, information from social media interactions (such as Facebook, Twitter, or Google+), preferences, physical characteristics (such as height, weight), photographs and, biographical, health information and/or demographic information (such as gender).
- Transaction Information about how you interact with and use our sites and services, email, other communications, and applications; and how you interact with merchants, business partners, and service providers.
- Geographic Location Information but only if your mobile or other device transmits location data and/or your IP address, and you have activated a location-enabled site or service.
- Job-Search-Related Information for recruitment purposes and may include educational and employment background, driver's license number and social security number.
- Survey Data for functionality of certain services, which generally includes survey data (questions and responses) and may allow you to import email addresses and names for ease of allowing you to send surveys or to allow us to send surveys on your behalf.
- Medical Information for functionality of certain services to connect you with your healthcare provider, and may include your medical history, present symptoms, future conditions or treatments, insurance carrier and plan, and any other medical and health information you or your healthcare provider choose to share with us.
- Appointment Information to schedule an appointment or consultation using one of our online appointment or consultation services and includes the requested appointment information, which may be linked with health or legal related information that you choose to share with us.
- Access to Your Data if you are our customer and use certain services, interactive tools or authorize us to retrieve information from another database, user, or other third party on your behalf, such as integrating a practice management system with your services, then you may elect to download certain installed tools, which may collect and transmit information from your computer system solely relating to the use of the installed tools and for the purpose of providing you with relevant services.
- Your Submissions help us with administration of our sites and services and includes any information you voluntarily provide, generally through free form text boxes, forums, uploading a document or authorizing us to retrieve and import information from another user or third party on your behalf.
In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it.
How We Use Personal Information :
We may use information collected from you in one or more of the following ways:
- to enable site features such as geographically specific pricing or logging, and retrieving and providing analysis of data you choose to enter into the site,
- to send you important notices, such as communications about changes to your account, and our sites' and services' terms, conditions, or policies,
- to process payments and to send you emails, invoices, receipts, notices of delinquency, alerting you if we need different or updated payment card information or other communications in connection with processing and collecting payments,
- to verify the information you provide through the Site, including income and employment information, in connection with a loan request sent through the Site;
- to retain your loan request for the length of time determined by us or by applicable law;
- to solicit input and feedback to improve our sites and services and customize your user experience,
- to enable you to communicate with other site or service users via private messaging or other service specific communication channels,
- to contact you via email, telephone, text or chat in a manner required by law,
- to meet contractual obligations,
- to send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins,
- to inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our sites, email messages, text messages, applications, or other methods of communication,
- to manage our sites' and services' administration, forum management, or fulfillment,
- to provide customer service and technical support,
- to administer surveys, sweepstakes, giveaways, contests, or similar promotions or events sponsored by us or our partners,
- for internal purposes such as auditing, data analysis, and research to improve our products, services, and communications,
- to allow you to apply for a job or sign up for special offers from third parties through our sites,
- to help you contact or schedule an appointment with a healthcare provider or legal professional listed in one of our directories and remind you of upcoming or follow-up appointments,
- to perform services in conjunction with interactive tools, such as integrating practice management systems, making a referral, sending a prescription to a pharmacy, or sending a test to a clinical laboratory, and
- to use anonymized personal information to run (or authorize third parties to run) statistical research on individual or aggregate trends.
In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.
Sharing Personal Information
We may share personal information about you with third parties in the following circumstances:
- We may engage third parties to perform services on our behalf, including maintenance services, hosting, data storage, security, analytics and data analysis, payment processing, assisting in marketing efforts, email and text message distribution, customer service, providing certain interactive tools, and conducting surveys and sweepstakes.
- When you communicate with us by email, submit an online form through the Site, request a quote or information, request financing, purchase a product or service, or otherwise submit a request through the Site, the personal information you provide may be shared with third parties to process or respond to your request, provide you with the products or services you requested or complete a transaction, including a third party broker, aggregator or other referral service to share and/or sell your information to a lender, dealer or other financial institution in connection with your online request.
- We may share your contact data, insurance data, and medical data with healthcare providers you choose to schedule through the services.
- Your personal information, and the contents of all of your online communications on or through our sites and services may be accessed and monitored as necessary to operate our sites and perform our services, and may be disclosed:
- to satisfy any applicable laws or regulations,
- to defend ourselves in litigation or a regulatory action,
- when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant),
- where we believe our sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management, and
- when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally.
- In the event of a merger, acquisition, debt financing, restructure, sale of Internet Brands' assets by or with another company, or a similar corporate transaction takes place, we may need to disclose and transfer all information about you, including personal information, to the successor company.
- We may share information about you with Internet Brands' subsidiaries and affiliates and companies acquired by or merged with Internet Brands and its affiliates, including without limitation, to enable such acquired or merged companies to advertise to you products and services in which you may be interested.
- We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.
- We are not a lender or a broker. When you submit a loan request form using our services, we may share your loan request and related information with one or more consumer finance lending institutions, other lenders or dealers in order for such consumer finance lending institutions, other lenders or dealers to evaluate your loan request in accordance with their loan terms and requirements. You authorize those consumer finance lending institutions, other lenders or dealers to access your credit report in order to evaluate your credit history and loan request and to verify the information in your loan request.
- We may also share the information you submit through a loan request using our services to a third party broker, aggregator or other referral service who will send your information to other lenders or dealers in connection with your loan request and in accordance with their privacy policies.
- Lender Specific Information: Your loan request and information submitted using our services may be shared with one or more third party consumer finance lending institutions, other lenders or dealers, including the consumer finance lending institutions listed below, and you consent to be contacted by these third party consumer finance lending institutions, other lenders or dealers in connection with your loan request, including by autodialer, text messaging and/or prerecorded messages:
CarFinance Capital LLC
7525 Irvine Center Drive
Irvine, CA 92618
8585 N. Stemmons Freeway
Suite 1100 - North
Dallas, TX 75247
1720. West Rio Salado Pkwy
Tempe, AZ 85281
Consent to Electronic Signatures, Records and Disclosures
When you submit a request using our services to send your information to a third party lender in connection with obtaining a loan, such lender needs your consent to use and accept electronic signatures, records and disclosures related to your loan transaction and other communications with the lender. Below are your rights when receiving such electronic signatures, records and disclosures. By submitting your loan request, you are acknowledging receipt of this disclosure and consent to conduct transactions with the third party lender using electronic signatures, records and disclosures.
- Hardware and Software. Before you decide to do business electronically with a third party lender or dealer, you should consider whether you have the required hardware and software described below. By submitting your information, you acknowledge that you have the required hardware and software designated below to access the documents.
- The documents may be provided to you either on the third party's website, in an email message, or as an attachment to an email message sent to the email address you provide as part of your request through the Site or Services and/or application or registration with the lender or dealer. To access the documents, you will need an email account and may need Adobe Acrobat Reader version 7 or higher, and a personal computer or other access device which is capable of accessing the Internet. To retain the documents, your access device must have the ability to either download the documents to your computer's hard drive or have must have a printer to print the documents. You should send any questions regarding the hardware and software requirements directly to the third party lender or dealer.
- Right to Paper Copies. You have the right to have any documents provided to you in paper form rather than electronic form. You can request the paper copies for your loan transaction or other communications from the third party lender or dealer that you are contacting for a loan. For convenience, if you wish to obtain documents in paper form from CarFinance Capital, LLC you may contact ElectronicRecords@CarFinance.com and from Santander by calling (855) 563-5635.
- Right to Withdraw Consent; Update Contact Information. You may withdraw your consent to use and receive electronic signatures, records and disclosures in connection with your loan transaction or other communications or update your contact information at any time by contacting the third party lender or dealer that you are contacting for a loan. For convenience, you may withdraw consent from, or update your contact information with, CarFinance Capital, LLC by emailing ElectronicRecords@CarFinance.com and Santander by calling (855) 563-5635.
Fair Lending Practices - Regulation B Disclosures
- Alimony, child support, or separate maintenance income need not be revealed if you do not choose to have it considered as a basis for repaying an auto loan.
- Any opt-out requests related to a third party's products or services must be submitted to directly to the third party providing the products or services.
Other Information We Automatically Collect and Cookies
We, or our third party service providers, may also collect and store certain technical information when you use our sites and services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the site or service, device size and other software or hardware information. If you access our sites and services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it and to improve your experience in using the sites or services.
In addition, we, or our third party service providers, may collect other non-personal information about you and how you use our sites, including but not limited to, the date and time you visit the sites, the areas or pages of the sites that you visit, the amount of time you spend viewing the sites, the number of times you return to the sites, visits to sites outside our network, preferred language and other click-stream data. We and our third party service providers may use non-personal information for any purpose, including, to make the sites and services more useful for users. Non-personal information may be shared with partners who referred you to our site(s), who may use the data for their business purposes, including to optimize who else they refer to our site(s). Non-personal information may also be shared with partners who help us deliver ads to you on websites not controlled by us, for instance, when we put a pixel on a conversion page on our site and a marketing partner uses that to optimize what traffic they send to us, or using another example, when we create a re-targeting list through DFP Small Business by Google or placing a partners' pixel on our sites, and then delivering targeted ads across the Internet.
Do Not Track
You can opt out of being targeted by certain third party advertising companies online by visiting the Network Advertising Initiative, Omniture, Aperture, PrivacyChoice, and/or Digital Advertising Alliance.
We do not currently actively respond to "Do Not Track" browser signals or mechanisms that indicate a request to disable online tracking of individual users who use our sites and services.
In general, we use these technologies to remember you when you return to our sites, to understand and analyze trends, to monitor usage and administer the sites, to learn about user behavior on the sites and gather demographic information about our user base as a whole, to customize content or offers on our sites and through our services, and to conduct research to improve our sites, content and services.
User Generated Content, Online Communities and Forums, Profiles, Surveys, Reviews and Ratings
Accessing and Updating Personal Information
We encourage you to keep your personal information updated and accurate. We provide you reasonable access to your personal information and the ability to review, correct, or delete it. For instance, some of our sites and services give you the ability to view and/or edit your personal information online. The methods for accessing your personal information will depend on which sites or services you use and their features. You have several choices; for instance:
- To view and change the personal information that you directly provided to us, you can return to the web page on our site where you originally submitted the data and follow the instructions on that web page.
- You may correct or update your account information at any time by logging on the site onto which you are registered and navigating to your account.
- You may deactivate your profile at any time by visiting the preferences page for your profile.
- You may close your account at any time by logging onto the site on which you are registered and navigating to your account.
- You can manage certain aspects of information collection and use by going to the settings of your mobile device and reviewing the permissions of each application. You may stop further use of your geo-location by visiting your device's settings for the relevant application.
- You may change your email preferences at any time by visiting your email preferences page for the relevant site.
- To access, change, or remove your protected health information, please see the HIPAA section below.
- If you have additional questions about your options, contact us.
Protecting your privacy and security is important and we also take reasonable steps to verify your identity before granting access to your data.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Email and Other Communications
Our sites and services may allow us or other users to communicate with you or other users through our in-product instant messaging services, service-branded emails, SMS and other electronic communication channels.
Automatic Messages. If your healthcare provider has signed up for our text messaging services, you may automatically receive appointment reminder messages and other health care messages, as defined by the Health Insurance Portability and Accountability Act of 1996, which are exempt from the Telephone Consumer Protection Act and sent at the request of your healthcare provider. Your healthcare provider has represented and warranted to us that they have received your consent to the use of an automatic dialing system to the deliver appointment reminder messages and other informational health-related messages to the phone number you provided. The number of appointment reminders and other healthcare messages sent to you will depend on the number of messages sent from your healthcare provider. Please see more information about the Health Insurance Portability and Accountability Act of 1996 below. If you have questions about the health care messages sent on behalf of your healthcare provider, you should contact your healthcare provider directly.
Rates. Standard message and data rates may apply to any messages sent by us or you. Please contact your wireless provider with any questions regarding text messaging or data rates and plans.
Security. You acknowledge and agree that the text messages are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the text messaging service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the text messaging service(s).
Help. You can reply "HELP" to any text message from us if you need assistance with the text messaging services.
Opting Out of Requested Communications
Requested communications include, for instance, email newsletters or software updates that may be expressly requested by you or which you consented to receive. After you request such communications, you may "opt out" of receiving them by using one of the following methods:
- Select the email "opt out" or "unsubscribe" link, or follow the opt-out instructions included in each email communication.
- To unsubscribe from text messages delivered to mobile devices, reply to the message with the words "STOP" or "END" or contact the applicable site or company affiliate.
- Return to the web page(s) where you originally registered your preferences and follow the opt-out instructions.
- Contact us. Please provide your name, contact information, and specific relevant information that you no longer wish to receive.
- To re-opt in, reply "START", unless otherwise provided by the text messaging terms and conditions applicable to the text message program.
Opting Out of Transactional or Relationship Communications
Communications that are sent by or on behalf of a user are indicated as being "From" that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists assigned to assist you. Either type of communication may be "real time" communications or communications triggered automatically upon the occurrence of certain events or dates, such as appointment reminders. Email communications received from users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders and cancellations. You may not be able to opt out of receiving certain messages although our services may provide a means to modify the frequency of receiving them.
Opting Out of General or Promotional Communications
General communications provide information about products, services, and/or support and may include special offers, new product information, or invitations to participate in market research. You may opt out of receiving these general communications by using one of the following methods:
- Select the email "opt out" or "unsubscribe" link, or follow the opt-out instructions included in each email communication.
- To unsubscribe from text messages delivered to mobile devices, reply to the message with the words "STOP" or "END" or contact the applicable site or company affiliate.
- Contact us. Please provide your name, relevant contact information, and specific relevant information about your privacy preferences.
Protecting Personal and Protected Health Information
The security of our sites and services and the information they store, process and transmit is a top priority. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical and administrative safeguards, including: Transport Layer Security (TLS), firewalls, system alerts and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage and processing practices. We seek to use reasonable and appropriate administrative, physical, technical, and data security procedures and controls to safeguard your personal and protected health information against unauthorized access, disclosure, loss, misuse, and alteration. Under applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information (as such term is defined by HIPAA) residing on and processed by our sites and services.
We use third-party service providers to manage credit card and payment processing. These service providers are not permitted to store, retain, or use billing Information except for the sole purpose of credit card and payment processing on our behalf. When you enter payment information to be processed by our third party service providers, we encrypt the transmission of that information using transport layer security (TLS) technology and do not store it on our systems.
It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our services. We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal or protected health information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should consider carefully if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our sites and services is solely at your risk. You are ultimately responsible for maintaining the secrecy for all your personal information, including your protected health information. Except as provided in a Business Associate Agreement between us and a healthcare provider, we have no responsibility or liability to anyone for the security of your personal or protected health information transmitted via the Internet.
Steps You Can Take
- Install malware detection programs that regularly scan your system and incoming traffic for malicious code such as computer viruses, worms, Trojan Horses and spyware. Because viruses and malware are continuously created and modified, regular malware protection software typically requires frequent updates.
- Use a firewall to prevent unauthorized access to your device.
- Because malware often targets vulnerabilities in existing operating systems, browsers, plug-ins and other programs, software vendors frequently update their products with security patches to guard against known or commonly exploited vulnerabilities. Vendors often try to alert their users and recommend immediate installation of these security patches.
- Use a strong password using a combination of letters and numbers that are not easily guessed. Do not share your password with others.
- If you use a shared device, always close all active programs and log out before leaving it unattended.
- Avoid using a public wireless network, if possible. If you do use a public network, use the most restrictive wireless network settings on your device.
- If you use file-sharing programs, be sure to restrict all other folders or directories to "no share".
- Be very cautious with any email requesting you to share personal information. On websites, look for the lock symbol on or near your browser's address bar which signifies a secure website before supplying personal information.
- When participating in one of our communities, blogs, forums, surveys or other open communication platforms, exercise care in selecting what information you share, particularly personal or health information.
Linked Websites and Services
We may also provide social media features on our sites and services that enable you to share personal information with your social network(s) and to interact with our sites and services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.
Our sites and services may include collection, transmission and storage of protected health information you submit for healthcare providers or that healthcare providers submit to us and is subject to special rules under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA". Our use and disclosure of your protected health information or a healthcare providers data that you or the healthcare provider submits with certain sites and services, is governed by HIPAA.
Use and Disclosure of Your Protected Health Information
When you use certain services (for example, appointment request) all protected health information that you submit is used and disclosed by us as a Business Associate (as defined by HIPAA) according to the terms of a Business Associate Agreement between us and that healthcare provider. This means that we may only use and disclose your protected health information on behalf of, or to provide services to, the healthcare provider according to the Business Associate Agreement. There are three exceptions to this use and disclosure rule. We may use and disclose your protected health information (i) for our internal management and administration; (ii) to carry out our legal responsibilities; and (iii) to perform certain data aggregation services for the healthcare provider and other healthcare providers; provided that, any disclosures for our internal management and administration or to carry out our legal responsibilities are either required by law or made after we obtain reasonable assurances from the person to whom the protected health information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to that person.
Some of the services for a particular healthcare provider may be provided by our subcontractors. The subcontractor must comply with the same terms and conditions for the protected health information that apply to us as a Business Associate of the healthcare provider.
How to Access, Change, or Remove Your Protected Health Information
To comply with HIPAA, your healthcare provider must provide you with rights in certain circumstances with respect to your protected health information. Very generally described, these rights are a right to restrict the uses and disclosures of, a right of access to, a right to amend, and a right to receive an accounting of, the disclosures of your protected health information. These limited rights will be described in detail in the healthcare provider's notice of privacy practices. If you wish to restrict the uses and disclosures of your protected health information, amend, or receive an accounting of the disclosures of your protected health information, then you must do so through your healthcare provider.
Upon termination of our Business Associate Agreement with a particular healthcare provider, we generally must return or destroy all protected health information received on behalf of or created for that particular healthcare provider and then maintained in any form by us or a subcontractor. If you engaged in our sites and services with that healthcare provider, any protected health information that you submitted with our sites and services or otherwise maintained by us or a subcontractor in connection with our sites and services will be returned to the healthcare provider or destroyed by us or such subcontractor. This means that until the Business Associate Agreement is terminated with that healthcare provider, we or a subcontractor can use and disclose your protected health information as described in the "Use and Disclosure of Your Protected Health Information" section above.
Children's and Minor's Privacy
Our sites and services are intended for general audiences and are not targeted to children under 13. We do notknowingly collect personal information from children under the age of 13 or utilize plug-ins or ad networks that collect personal information through child-directed third party websites or online services. If you are under 13, please do not disclose or provide any information. If we learn that we have collected personal information from a child under 13,we will take steps to promptly delete the information. Should this policy change, we would comply with the Children's Online Privacy Protection Act, which requires us to notify and obtain consent from a parent or guardian before we collect, use and disclose the personal information of children who are under 13 years of age.
Unless our sites and services contain the "Privacy Rights for California Minors in the Digital World" supplemental terms, our sites and services do not collect age from users under 18. If you reside in California and are a minor (you are under 18 years of age) and you are using a site or service that collects your age as a registration requirement and you submit content, please follow the instructions on the supplemental terms to request removal of public content. If such supplemental terms are not available, you can request the removal of content or information you have posted by emailing firstname.lastname@example.org with "California Minor Content Removal Request" in the subject line and in the body of your message. Please specify in your request the site(s) or service(s) to which your request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please note that this removal does not ensure complete or comprehensive removal of the content or information posted on our sites and services if the content you posted has been shared or reposted. We are only obligated to remove content that you post, where you posted it. There are certain circumstances in which we do not have to remove your content, including if any other state or federal law requires us to maintain the information, we anonymize the content by removing identifying characteristics, the content was stored, republished or reposted by a third party, you do not follow the instructions in this Section or we paid you or you were otherwise compensated for the content you posted. Without limiting the generality of the foregoing, our services may allow users above the age of 18 (such as healthcare providers, parents and guardians) to submit personal information about others, including minors. Such users assume full responsibility over their submission, use and transmission of such information.
We are headquartered in the United States. Our sites and services are hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States and are intended for users in the United States. If you are located outside the United States, be aware that information you provide to us or that we obtain as a result of your use of our sites and services may be processed in, transferred to and stored in the United States and will be subject to U.S. law. U.S. privacy and data protection laws may not be equivalent to the laws of your country of residence. By using our sites and services or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States.
California Privacy Rights
We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by "opting in" to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites, for example. If you ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion since we do not share information with any third party (other than our service providers) on an ongoing basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not "opt in" to such use when you provide personal information on one of our sites.
Users residing in certain jurisdictions, like California, have a right to access personal information held by us about them and their right of access can be exercised in accordance with applicable law. California law requires certain businesses to respond to requests from California residents asking about the business's practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the resident has exercised an option to opt-out of such information-sharing. We have such a policy in place.
California residents may request further information about our approach to this law by writing to us. When writing to us, you must put the statement "Your California Privacy Rights" in the body or subject line of your request, and include (i) the name of the site about which you are contacting us, (ii) any unique site identifier associated with you (like member number or forum handle), (iii) your name, and (iv) your contact information. Please submit requests using our Privacy Contact form and allow 30 days for a response. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Last Updated: November 10, 2016
What is a cookie?
A cookie is a small file that is placed onto your device and that is managed by your browser. Cookies were designed for websites to remember stateful information (such as items in a shopping cart) and enable our sites or services to function. For example, cookies enable us to identify your device and enable you to easily share content on our sites and services and help us serve relevant ads to you.
What types of cookies do we use?
We use two types: persistent cookies and session cookies. A persistent cookie helps us recognize you as a user. After you sign in, a persistent cookie stays in your browser and will be read by our site when you return to the site. Session cookies only last for as long as the session (usually the current visit to a site or a browser session).
We also have implemented and use Google Analytics Display Advertising, specifically the Demographics and Interest Reporting feature to advertise online, sell advertising, and develop content.
We also may use Adobe Flash, which is another technology that can provide cookie-equivalent functionality. Adobe Flash is capable of storing information on your device (in a file outside of your browser).
How are cookies used for advertising purposes?
Cookies combined with ad technology such as web beacons, pixels, and anonymous ad network tags help us serve relevant ads to you more effectively. They also help us collect aggregated auditing, research, and reporting for advertisers. Pixels, which are invisible tags placed on our websites, help us understand and improve our service, show you ads, and know when content has been shown to you. Please note that because our pages include advertisements, your web browser may request advertisements and web beacons directly from ad network servers, and these networks can view, edit, or set their own cookies, just as if you had requested a web page from their site.
You can opt-out of Google Analytics for Display Advertising and customize Google's Display Network ads using Google's Ad Settings. You can opt-out of Google Analytics by using Google Analytics Opt-out Browser Add-on.
Please note that not all browsers provide the ability to remove Adobe Flash "cookies" (also called "locally stored objects," or "LSOs"). You can restrict or block Adobe Flash cookies/LSOs through the Adobe website.
You can opt out of being targeted by certain third party advertising companies online by visiting the Network Advertising Initiative, Omniture, Aperture, PrivacyChoice, and/or Digital Advertising Alliance.
Internet Brands, Inc. and its subsidiaries and corporate affiliates (collectively, "our," "us," or "we") operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as "sites," "services," or "our sites and services."
By using our sites and services, you are a "user" and you accept and agree to this TOU as a legal contract between you and us. We may post changes to these TOU at any time, and any such changes will be applicable to all subsequent access to or use of our sites and services. If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating all access and use of our sites and services, in which case any continuing access or use of our sites and service is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.
Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.
These TOU grant you a limited, revocable, nonexclusive license to access our sites and service and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TOU.
We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our sites and services) by any user (or any other third party in any manner); and to enforce these TOU, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TOU by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "our representatives" and individually "our representative") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TOU.
Although our representatives may moderate content on our sites and services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TOU violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our sites and services are solely those of the poster and not ours, or an our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our sites and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
2. Content and Conduct
We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services and all such prohibitions are expressly incorporated into these TOU as stated in the introductory paragraphs above.
You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to our sites and services, and, if you create an account on our sites and services, you are responsible for all conduct or activities on, through or by use of your account.
3. Postings and Accounts
This section 3 applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 3.
Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
It is expressly prohibited for any third party to post content to our sites and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means.
Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
For each site, a user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.
The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TOU also is expressly prohibited.
4. Unauthorized Access and Activities
This section 4 applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
To maintain the integrity and functionality of our sites and services for its users, access to our sites and services and/or activities related to our sites and services that are harmful to, inconsistent with or disruptive of our sites and services and/or users. beneficial use and enjoyment of our sites and services are expressly unauthorized and prohibited. For example, without limitation:
- The collection of our sites and services users. personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
- Any copying, aggregation, display, distribution, performance or derivative use of our sites and services or any content posted on our sites and services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access our sites and services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access our sites and services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our sites and services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
- Any access to or use of our sites and services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our sites and services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
- Any effort to decompile, disassemble or reverse engineer all or any part of our sites and services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
- Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our sites and services in compliance with these TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our sites and services in any manner are expressly prohibited.
- Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TOU.
If you access our sites and services or copy, display, distribute, perform or create derivative works from our sites and services webpages or our intellectual property in violation of these TOU or for purposes inconsistent with these TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our sites and services or any provision of these TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.
5. Interactions with Others
We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
In certain instances, we may charge a fee to post content or for other features, products, services or licenses. You are responsible for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law or otherwise stated on the site or in the services, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).
THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
9. Limitations of Liability
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TOU for which you bear responsibility; except you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to us as described in our liquidated damages policy, which can be found at www.internetbrands.com/ibterms/liquidateddamages.
Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these TOU are and will be cumulative.
11. Injunctive Relief
You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.
12. Release of Information
We reserve the right to disclose any personal information about you or your use of our sites and services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites and services or information provided to or gathered by us with respect to such use.
13. Copyright Policy
We have adopted and implemented a copyright policy in accordance with the Digital Millennium Act. For more information, please ready our copyright policy at www.internetbrands.com/ibterms/copyrightpolicy.
In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
15. Certain Brand-Specific Disclaimers
As noted above, the use of certain of our sites and services also have supplemental terms based on the subject matter and content of the specific site or services, including our sites and services set forth below. You can find the supplemental terms governing those specific sites and services at the following links:
- Health Sites and Services: www.internetbrands.com/ibterms/supplementalhealthterms
- Legal Sites and Services: www.internetbrands.com/ibterms/supplementallegalterms
- Money & Business Sites and Services: www.internetbrands.com/ibterms/supplementalfinanceterms
- Shopping Sites and Services: www.internetbrands.com/ibterms/supplmentalshoppingterms
- Travel & Leisure Sites and Services: www.internetbrands.com/ibterms/supplementaltravelleisureterms
- Classified Sites and Services: www.internetbrands.com/ibterms/supplementalclassifiedsterms
- Car Related Sites and Services: www.internetbrands.com/ibterms/supplementalcarrelatedterms
16. Parental Controls
17. Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the site, please send an email to email@example.com . You may also contact us by writing to Legal Department, Internet Brands, Inc., 909 N. Sepulveda Blvd, 11th Floor, El Segundo, California 90245. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Please be sure to identify the specific website, software, or service about which you have a question or complaint and how we can contact you.
18. Dispute Resolution; Arbitration
We believe we will be able to resolve most disputes or issues you may have using our sites and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Internet Brands, Inc., 909 N. Sepulveda Blvd., 11th Floor, El Segundo, CA 90245, Attn: Legal Department.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration will be exclusively held in Los Angeles County, California and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party.s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you're not sure what all of this means, of course please feel free to ask an attorney.
a. Rules for Sweepstakes, Contests and Promotions
In addition to the terms and conditions of these TOU, any sweepstakes, contests, raffles or similar promotions (collectively, "Promotions") made available through our sites and services may be governed by specific rules. By participating in any such Promotion, you will become subject to those rules. To the extent that the terms and conditions of such rules conflict with these TOU, the terms and conditions of such rules will control.
b. Copyright, Trademark and Patent Notices
Except as otherwise expressly provided, all contents of our sites and services are copyrighted. All rights reserved. Certain of our registered trademarks can be found at www.internetbrands.com/ibterms/trademarks, which are protected by United States and international laws. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our sites and services are our trademarks (collectively, "our marks"). These TOU do not authorize you to use our marks or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with us. One or more patents owned by us apply to our sites and services and to the features and services accessible via our sites and services.
c. Reservation of Rights in our sites and services
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our sites and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
d. Entire Agreement
These TOU (along with any documents linked to in these TOU) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect.
e. Governing Law; Forum
Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to these TOU, our sites and services or content accessed through our sites and services will be governed by the laws of the State of California, without regard to conflict or choice of law principles.
You agree that any claims, causes of action or disputes not subject to Section 16 (Dispute Resolution; Arbitration) will be brought exclusively in courts located within the county of Los Angeles, California, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.
All claims not subject to Section 16 (Dispute Resolution; Arbitration) that you bring against us must be resolved in accordance with Section 17(e). All claims filed or brought contrary to this section will be considered improperly filed. Should you file a claim contrary to this section, we may recover attorneys. fees and costs up to U.S. $2,500 provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
f. Electronic Communications
When you use our sites and services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
g. Electronic Contracting
Your use of our sites and services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
h. Termination; No Assignment
You may terminate your account and/or stop using our sites and services at any time. We may, in our sole discretion, terminate or suspend your access to all or part of our sites and services for any reason, including, without limitation, violation of these TOU and/or if we have a reasonable ground to suspect that you have violated these TOU.
These TOU and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these TOU.
You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations or other feedback provided by you.
Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right.
Supplemental Terms for Car Related Websites
Overview of Car Sites
We provide marketing, advertising, referral and informational services for the automotive industry and consumers through our Car Sites. We may permit third party sellers to advertise new and used vehicles on the Car Site ("Advertisements") and methods to contact such third party sellers. We may provide auto-financing related content and methods to request auto-financing from a lender and other services for consumers and dealers, including, but not limited to, leads for auto-financing providers, new car configuration and pricing related services, trade-in valuation, research and informational content related to purchasing or leasing a vehicle, and tools to compare car features, pricing and ratings.
We are not engaged in sales of new or used vehicles. We do not provide auto-financing, insurance or any other related products or services, nor do we act as an agent or broker for any auto-financing or insurance providers.
All financing decisions are made by the lender and not by us. We do not evaluate loan requests or check credit histories of any user in connection with a loan request submitted through a Car Site. A third-party lender may run a credit check or otherwise check your credit history based on the information you provide through a loan request through a Car Site or directly to such lender.
New and Used Car Advertising
All Advertisements for new and used vehicles, pricing, offers, terms and features are posted by third party sellers who have paid or contracted with us to place their advertisements on our Car Sites ("Advertisers"). We do not own or sell any vehicles listed on the Car Sites. We do not provide, and are not responsible for, any pricing, payment, terms, offers or quotes provided in the Advertisements on the Car Sites. The Advertiser is solely responsible for the accuracy of all vehicle related information, including but not limited to, pricing, payment, offers, quotes, descriptions of vehicle features, availability and terms. We are not responsible for any errors or omissions in any Advertisement, description, price, payment, offer or quote contained on the Car Sites.
We do not endorse any Advertiser, unless explicitly stated on the Car Site, and we make no guarantee, explicit or implied, that the posted information in any Advertisement is accurate. We do not and cannot verify the information that Advertisers supply, nor do we guarantee any vehicle offered by an Advertiser. We assume no responsibility to verify whether the Advertisements comply with applicable laws; such responsibility rests with the Advertiser. We are not responsible for, and do not guarantee the availability or performance of, any new or used vehicles, pricing, promotion or financing.
Advertised vehicle prices on the Car Sites generally exclude sales tax, finance charges, and title, license, regulatory, dealer documentary, emission testing and compliance fees, all of which may be added to the advertised price in determining the final sale price of a particular vehicle. Certain used car Advertisements may include vehicles that are shown to be "certified" as meeting certain standards established by either certain manufacturers or a particular dealer in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle is made by the individual dealer, and we are not responsible for the decision to certify any vehicle or to advertise such certification.
We may provide informational content related to purchasing or leasing a vehicle, obtaining financing or any other information we believe may be useful for the vehicle purchasing or leasing process. While we strive to provide the most accurate information possible, any information related to pricing, discounts, special offers, or promotions provided by us may be based on promotions or pricing offered by third party sellers and is believed to be accurate at the time of posting. Any informational content is subject to change at any time. We cannot guarantee that any such pricing, discounts, special offers or promotions will be available in all geographical areas or available to all consumers or users of the Car Sites or available on any particular date. All pricing, discounts, special offers and promotions are at the discretion of the applicable dealer and/or manufacturer. Reliance on information provided on the Car Sites is at your sole discretion and risk. We do not warrant or make any representations regarding the use or the result of the use of the content on the Car Sites regarding correctness, accuracy, reliability, applicability, quality or otherwise and we are not responsible for damages incurred by the users of the Car Sites or any content contained therein.
Transacting with Advertisers and Other Providers
The actual contract for any sale, lease, financing, insurance or other product is directly between the Advertiser, auto-financing provider, insurer or other third party, as applicable (each, a "Third Party" and collectively, "Third Parties") and the buyer. The Third Party and buyer are solely responsible for all aspects of the transactions in which they choose to participate. No transactions will be conducted on or through our Car Sites and we are not, and are not responsible for, brokering any transactions between the Third Party and the buyer.
We provide these sites as a platform for users to connect with the Third Parties. We do not screen, and have no control over, Third Parties who may offer vehicles for sale or lease or Third Parties who may provide or offer to provide any financing or insurance. We do not review or authenticate any advertisements, offers, deals, rates, or any other purchase, lease, financing or other terms related any Advertisements on the Car Sites. Therefore, users of the Car Sites should be aware that:
- The Third Party and buyer are completely and solely responsible for negotiating the sale, lease, exchange, financing or insuring of goods or services. We are not a party to any transaction between the buyer and Third Party.
- The Third Party and buyer must resolve any disputes that may arise from any transactions amongst themselves and without our involvement.
- The Third Party and buyer are responsible for researching and complying with any applicable laws, regulations, rules or restrictions on products, services, or manner of sale, lease, exchange, financing or insuring that may pertain to transactions in which they participate. The Third Party and buyer must make the final determination as to the value and appropriateness of the transaction.
- We are not responsible for, and have no liability related to, any transactions between the Third Party and buyer or between any user and creditor, lender or insurer related to any vehicle purchase or lease, financing, insurance and/or any offers or promotions listed on the Car Sites by an Advertiser or the presence of any Third Party on the Car Sites.
Your correspondence or business dealings with, or participation in promotions of, Third Parties found on or through the Car Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Parties on the Car Sites. You should use personal judgment and exercise caution where appropriate.
IT IS YOUR RESPONSIBILITY TO READ THE DESCRIPTIONS OF THE VEHICLES, OFFERS, PROMOTIONS, FINANCING, INSURANCE AND ANY OTHER PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE CAR SITE (COLLECTIVELY, THE "PRODUCTS") BY THE THIRD PARTY AND TO PHYSICALLY INSPECT THE PRODUCT AND RELATED AGREEMENTS PRIOR TO COMPLETING YOUR TRANSACTION(S). The Third Party is responsible for disclosing prior rental and demonstrative history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage defect or irregularity of the Product. It is the Third Party's sole responsibility to ensure that the Product meets all local state and federal emission and safety standards applicable for the model and year of the Product and that such Product is provided in compliance with all applicable laws, rules and regulations. ASK FOR A COPY OF THE WRITTEN WARRANTY AND ANY OTHER TERMS APPLICABLE TO THE TRANSACTION BEFORE YOU COMPLETE THE TRANSACTION. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED, AND ANY OTHER APPLICABLE TERMS, FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE TRANSACTION.
ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE YOU COMPLETE THE TRANSACTION OF A PRODUCT. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE TRANSACTION.
WE DO NOT GUARANTEE PRODUCT PRICES OR AVAILABILITY. All transactions are conducted by the Third Party. All Product descriptions and prices provided to you on the site, or via separate contract following your submission of a request or inquiry to the Third Party, are made by the participating Third Party possessing the described Product and not us. ALL PRODUCTS ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST OR INQUIRY IS PROCESSED OR RECEIVED BY THE THIRD PARTY.
IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR PRODUCT TRANSACTION. Absent a specific agreement between you and the Third Party, the Third Party is not required to hold any Product off the market and is free to sell any Product at any time before you have executed the contract to purchase or lease such Product. The act of submitting a request or inquiry through the Car Site does not place a hold on any specific Product in the Third Party's inventory. A monetary deposit made by you to the Third Party is not a guarantee that a specific Product will be available for you to purchase or lease unless you and the Third Party specifically agree to such term. It is your responsibility to confirm with the Third Party that the Product will be held off the market until you can complete the purchase or lease. Whether your deposit is refundable or not is subject to your contractual agreement with the Third Party and/or state law. You should not assume a deposit made by you towards the purchase or lease of a Product is fully refundable.