Updated on April 1, 2020
This document was last updated on 1/4/20 Welcome to myfancycarus.com, your resource to
help you find information on rent to own homes, education opportunities, auto insurance and
more. We have created various applications (“App” or “Apps”) and
manage them online and provide related support and hosting services (the
“Service” or “Services”). myfancycarus.com
(“Company”, “we” or “us”), through our web site
(myfancycarus.com), offers various services to you and our application on mobile devices
and the web, which are all conditioned on your agreement, without modification of any kind
whatsoever, to adhere to the following Terms of Service. Use of the Service by you and/or
registration with us constitutes your full agreement to these Terms of Service. Without
prior notice, we may change these Terms of Service at any time. Of course, none of the
changes that we make to these Terms of Service will apply retroactively nor will such
changes apply to disputes or events that occurred before the change is published. It is your
responsibility to review these Terms of Service on a regular basis.
These Terms of Service shall apply to every visitor and all who access our web site or
Services.
WE STONGLY ENCOURAGE YOU TO READ THIS AGREEMENT WITH CARE TO ENSURE THAT YOU HAVE AN
UNDERSTANDING OF EACH PROVISION. IN THIS AGREEMENT THERE IS A MANDATORY INDIVIDUAL
ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES ARBITRATION ON AN
INDIVIDUAL BASIS FOR DISPUTE RESOLUTION, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We respect our Users security and privacy. By using our Services, you understand that you
consent to the collection, use and disclosure of your personally identifiable information as
well as any non-personally identifiable information, which is described in our Privacy
Policy in more detail. You affirm that you are more than 18 years old, and you affirm that
you are fully able and competent to enter into the terms, representations, conditions,
affirmations, obligations, and warranties set forth in these Terms of Service, and to fully
abide by and comply with these Terms of Service. For those of you under 18 years of age,
please do not use our website or our Service. Services myfancycarus.com is a website that
provides information and offers services to help a consumer in a large variety of areas. One
area that myfancycarus.com provides information is in the real estate market.
myfancycarus.com does not own, rent or sell its own rent to own homes, rental properties
or houses.
Rather, myfancycarus.com is a service the helps connect people to services and companies
that may benefit the consumer. One way that myfancycarus.com may do this, is by providing
its Users with information on third party rent to own programs or real estate companies.
These services and products that myfancycarus.com presents to Users are not limited to
rent to own homes and the real estate industry but can consist of any type of service or
product that we may see as beneficial to our Users.
Registration By participating and/or registering in this Service, you agree and represent as
follows:
1. You are of legal age and are otherwise fully capable of forming a legally binding
contract;
2. All of the information you submit to us or in connection with a Service is complete and
accurate and that you will maintain and quickly update any profile supplied to us so that we
can ensure accuracy at all times;
3. You hereby grant us permission to email or display your profile and such other
information as you may supply us on or from our website as we shall deem advisable in our
sole determination in connection with the Service or for marketing purposes thereof;
4. You agree to be contacted via Email, text messaging and SMS by us, including push
notifications, and by third parties if relevant, regarding our Services, our website, third
party advertisements and/or notifications, and requests to rate our website;
5. By using the Service, you are granting us permission to access your account and those
messages, information, data, graphics, text, audio, video or other material
(“Materials”) uploaded/posted/transmitted to or through the Service using your
account, solely in connection with the provision of Services.
Acceptable Use Policy The following is a partial list of the kinds of activities that are
prohibited on or through the Service:
(a) submitting Materials that are patently offensive to the online community, such as content
that promotes hatred, racism, bigotry or physical harm of any kind against any individual or
group;
(b) engaging in activity or submitting Materials that harasses or advocates harassment of
another person;
(c) engaging in activities or submitting Materials that could be harmful to minors;
(d) engaging in activity, or submitting Materials, or promoting information that is false,
misleading or promotes illegal activities or conduct that is threatening, abusive, obscene,
libelous or defamatory;
(e) engaging in activity that involves the transmission of "spam" or unsolicited
mass mailing or "junk mail" or harvesting or otherwise collecting personally
identifiable information about Service users, including names, addresses, phone numbers,
email addresses, (collectively, "User Data") without their consent;
(f) submitting Materials that contain restricted or password only access pages, or hidden
pages or images;
(g) submitting Materials that provide instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
(h) submitting Materials that displays sexually explicit or pornographic material of any
kind;
(i) engaging in activities or submitting Materials that solicit passwords or personally
identifiable information for unlawful purposes from other users;
(j) submitting Materials that contain viruses, worms, Trojan horses, or any other similar
forms of malware,
(k) engaging in unauthorized commercial activities and/or sales without our prior written
consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid
schemes;
(l) using any device, software, or routine to interfere or attempt to interfere with the
proper working of the Service;
(m) decompiling, reverse engineering, or disassembling the software or attempting to do so;
(n) using any robot, spider, other automatic device, or manual process to monitor, copy, or
"scrape" web pages or the content contained in the website or for any other
unauthorized purpose without our prior written consent; or
(o) taking any action that imposes an unreasonable or disproportionately large load on the
Service or our hardware and software infrastructure or that of any of its Licensors or
Suppliers.
In addition, you covenant and represent that you will not use the Service for any purpose
other than those that are personal, nor will you use this Service in violation of the law or
these Terms of Service. Responsibility For User Content We respect the rights of third party
creators and content owners and expect that you will do the same. Given the nature of the
Service and the volume of information submitted, we cannot and do not monitor all of the
Materials posted or transmitted by you and other third-party information providers via the
Service, including, without limitation, any Materials posted via the Service. You expressly
agree that we will not be liable for Materials. We reserve the right, but shall not be
obligated, to remove content from the Service for any reason, including content that we
believe violates these Terms or our Acceptable Use Policy above. It is the policy of
myfancycarus.com to promptly respond to any and all claims of intellectual property
infringement. We will promptly investigate notices of alleged infringement and will take
appropriate actions required under the Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property
laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent
to a Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent for this website:
myfancycarus.com Attention: General Counsel Email: support@myfancycarus.com To be
effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number and, if available, an electronic
mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Use of Third Party Services As a part of our Service, we may offer links to web sites
operated by various third parties and we are not responsible or liable for any acts or
omissions created or performed by these third parties. We provide such links for your
reference and convenience only. We do not control or operate in any way any software,
information, products or services available on such third party web sites. Our inclusion of
a link to a web site does not imply any endorsement of the services or the site, its
sponsoring organization, or its contents.
Forums The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms
(collectively, "Forums") that are intended to provide users 18 years of age and
older an interesting and stimulating forum in which they can express their opinions and
share their ideas. We do not endorse the accuracy or reliability of any advice, opinion,
statement or information posted on these Forums. Please use your best judgment, and be
respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful
language. Uploading copyrighted or other proprietary material of any kind on the Service
without the express permission of the owner of that material is prohibited and may result in
civil and/or criminal liability. Any and all information you disclose when posting a message
in these Forums may become public. You should not include any information in your posting
that you do not want other parties to see or use and you hereby agree that you will not hold
us responsible for any third party's use of information contained in such posting. To
maintain a positive, creative environment in which users may share and display Materials, we
ask that you only use the Service in a manner that is consistent with our Acceptable Use
Policy. You agree not to use Forum titles or user names that are obscene, offensive or
harassing to others. We reserve the right to require you to change the title of your Forum
or your user name for any reason and at any time in our sole discretion and/or change it
ourselves.
Representations and Warranties and Indemnification You hereby represent and warrant that:
(a) you have all necessary authority, rights and permissions to submit the Materials and
grant the licenses described in these Terms of Service,
(b) the Materials and your use of the Service shall not infringe or misappropriate any
copyright, trademark, trade secret, patent, or other intellectual property right of any
third party or violate any other rights of third party, including, without limitation, any
rights of privacy or publicity or any contractual rights,
(c) the Materials are accurate, current and complete,
(d) the Materials and your use of the Service shall not violate any applicable law or
regulation or cause injury to any person;
(e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Company, and its officers, directors,
employees, agents, and contractors from and against any and all costs, claims, demands,
liabilities, damages, or expenses, including, without limitation, reasonable attorneys'
fees, related to or arising from:
(a) the Materials you provide or approve for publication,
(b) your use of the Service,
(c) your breach of these Terms of Service, or
(d) any actual, prospective, completed or terminated service between you and a third party.
Disclaimers and Limitations Errors in the information contained in our Service sometimes
occur. We cannot guarantee that all of the information on the website is correct. Please use
this site at your own risk. In addition, we may make changes and improvements to the
information provided herein at any time.
THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE
PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO
THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR
SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF
THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN
NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND
SUPPLIERS, TO YOU AND/OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL
SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
CONTRACT BETWEEN YOU AND US.
Some states do not allow the limitation of liability, so therefore the foregoing limitation
may not always apply. ERRORS AND DELAYS We are not responsible for any errors or delays
caused by an incorrect e-mail address provided by you or other problems, technical or
otherwise, beyond our reasonable control. Termination We reserve the right with or without
notice to you at any time to change, modify or discontinue any service or a portion or
attribute thereof, or the offering of any information, good, content, product or service. We
shall have no liability to you or any third party should we modify or discontinue any
service or an aspect thereof. We reserve the right in our sole discretion, and without any
prior notice, to terminate your access to the Service for any reason, including your breach
of these Terms of Service, the terms and conditions of any service for which you may have
registered, or a violation of the rights of another user or the law. You may unsubscribe
from any further communication from us at any time by delivering a written notice addressed
to myfancycarus.com. You may send this written notice to: myfancycarus.com. You shall
be responsible for ensuring delivery of the notice to us.
You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of
our emails. We shall not be obligated to store any data or files for more than ninety (90)
days after termination of your access to the Service. Dispute Resolution Any claim or
controversy arising out of or relating to the use of our Service, to the goods or services
provided by us, or to any acts or omissions of other users for which you may contend we are
liable, including but not limited to any claim or controversy ("Dispute"), shall
be finally, and exclusively, settled by arbitration in Delaware, from which arbitration
there shall be no appeal. The arbitration shall be held before one arbitrator. The
arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the
substantive law of Delaware, except that the U.S. Federal Arbitration Act shall govern the
interpretation and enforcement of this arbitration provision. To begin the arbitration
process, a party must make a written demand therefore. Each part shall bear its own costs
and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be
entered in any court of competent jurisdiction. The arbitrator shall not have the power to
award damages in connection with any Dispute in excess of actual compensatory damages and
shall not multiply actual damages or award consequential, punitive or exemplary damages, and
each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be
construed as an agreement to the joinder or consolidation of arbitration under this
Agreement with arbitration of disputes or claims of any non-party, regardless of the nature
of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING
ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU
ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE
THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Further, unless both you and we otherwise agree, the arbitrator may not consolidate more than
one person's claims, and may not otherwise preside over any form of any class or
representative proceeding.
YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. Class
Action/Jury Trial Waiver WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER
THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL
CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL
ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND,
UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S
CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE
ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Parental Control Protections Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby
notify you that there are commercially available parental control protections (such as
computer hardware, software or filtering services) that may assist you in limiting access to
material that is harmful to minors. Information identifying current providers of such
protections is available at http://internet-filter-review.toptenreviews.com.
General You agree that:
(i) the Service shall be deemed solely based in Delaware; and
(ii) this Service shall be deemed a passive web site and service that does not give rise to
personal jurisdiction over us, either specific or general, in jurisdictions other than
Delaware. These Terms of Service shall be governed by the internal substantive laws of
Delaware, without respect to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. These Terms of Service, together with the Privacy Policy and
any other legal notices published by us on the Service, shall constitute the entire
agreement between you and us concerning this Service and supersedes any prior written or
oral representations. If a court of competent jurisdiction deems any provision of these
Terms of Service invalid, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and our failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such right or
provision. These Terms of Service may not be transferred or assigned by you, but may be
assigned by us without restriction.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
Any attempted transfer or assignment in violation hereof shall be null and void. A printed
version of these Terms of Service and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. All rights not expressly
granted herein are reserved to us. Copyright and Trade Mark Notices All contents of the
Service are copyrighted © 2020 myfancycarus.com. All rights reserved. Other product
and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE
EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.