Terms of Service

1. Acceptance of Terms; Binding Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "buyer," "seller," "you," or "your") and That’s A Nice Car LLC, a California limited liability company ("TANC," "we," "us," or "our"), governing your access to and use of the website located at thatsanicecar.com, all related subdomains, mobile applications, features, tools, content, and services (collectively, the "Site" and "Services").

By accessing or using the Site or Services in any manner — including by browsing listings, creating an account, submitting a listing, submitting an offer, purchasing any service, or using any feature — you acknowledge that you have read, understood, and agree to be bound by these Terms and by TANC’s Privacy Policy, which is incorporated herein by reference.

TANC reserves the right to modify these Terms at any time. Changes become effective upon posting the revised Terms on the Site, with an updated Effective Date. Your continued use of the Site after any modification constitutes acceptance of the revised Terms.

2. Eligibility

• You must be at least 18 years of age to use the Site or Services.
• You must have the legal capacity to enter into a binding contract under applicable law.
• If you are using the Site or Services on behalf of a legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
• The Site is intended for users located in the United States. Use from outside the United States is at your own risk and subject to applicable local laws.
• TANC reserves the right to refuse access to any person at any time, for any reason, with or without notice.

3. Nature of the TANC Platform; TANC Is Not a Party to Transactions

TANC operates a technology platform that enables registered users to list vehicles for sale and to submit, view, and manage purchase offers. TANC’s role is strictly limited to providing this technology infrastructure and the ancillary services described herein. The following express statements apply to every transaction facilitated through or in connection with the Site:

3.1 Not a Party to the Transaction

TANC is not a party to any agreement, negotiation, offer, acceptance, purchase, sale, or other transaction between a buyer and a seller that arises from or is facilitated by the Site. The contract of sale, if any, is formed exclusively between the buyer and the seller. TANC has no rights, duties, or obligations under any such contract. TANC cannot be compelled to perform, enforce, modify, or rescind any such contract.

3.2 Not a Dealer, Broker, or Auctioneer

TANC is not a motor vehicle dealer, licensed dealer, used vehicle dealer, automobile dealer, or vehicle broker under California Vehicle Code § 11700 et seq., California Business and Professions Code, or any other federal, state, or local law, regulation, or legal theory. TANC does not buy, sell, consign, negotiate, or broker the purchase or sale of any vehicle. TANC does not hold a dealer license and is not required to do so. Nothing in these Terms or on the Site constitutes dealer activity, brokerage activity, or auctioneer activity under California law or any other jurisdiction’s law.

3.3 Not an Agent or Representative

TANC is not an agent, representative, fiduciary, employee, partner, joint venturer, or affiliate of any buyer or seller. TANC does not act on behalf of, or in the interest of, any buyer or seller. No agency, partnership, joint venture, employment, or fiduciary relationship is created between TANC and any user by virtue of these Terms or use of the Site. TANC owes no duty of care, loyalty, or disclosure to any buyer or seller in connection with any transaction.

3.4 Not Responsible for Listing Content

All listing content — including vehicle descriptions, photographs, stated mileage, condition descriptions, value ranges, VIN information, and all other listing materials — is submitted solely by sellers. TANC does not create, author, verify, certify, warrant, represent, or endorse any listing content. TANC does not independently verify the accuracy, completeness, legality, or authenticity of any listing content. TANC has no obligation to investigate, monitor, or approve listing content beyond the exercise of its editorial discretion as described in Section 6. TANC expressly disclaims all responsibility for the content, accuracy, legality, or completeness of any listing.

3.5 Not Responsible for Third-Party Services

The vehicle inspection, escrow, title verification, car history report, vehicle transportation, and professional photography services associated with TANC are provided exclusively by independent third-party service providers, not by TANC. TANC’s role is limited to coordinating introductions and referrals to these providers. TANC is not a party to any agreement between a user and a third-party service provider; is not responsible for the acts, omissions, quality, timeliness, or results of any third-party service; and makes no warranty or representation regarding any third-party service.

3.6 No Guarantee of Transaction Completion

TANC makes no representation or warranty that any listing will result in an accepted offer, or that any accepted offer will result in a completed transaction. Sellers are never required to accept any offer. Buyers are not guaranteed to complete a purchase. TANC has no authority to compel any buyer or seller to complete a transaction.

4. TANC Fee Structure; Non-Refundability

4.1 Buyer Fee

Upon acceptance of a buyer’s offer by the seller, all TANC buyer fees become immediately due and non-refundable. The buyer fee is calculated as a percentage of the accepted sale price, as set forth on the Site at the time of offer submission. The buyer fee is the sole financial obligation to TANC arising from a completed transaction. TANC does not charge sellers any listing fees.

4.2 Photography Package

The optional professional photography package (currently priced at $395 for a minimum of 100 high-quality photographs) is non-refundable once the photography session has been scheduled or conducted.

4.3 Maximum Liability; Fee Refund

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, TANC’S MAXIMUM TOTAL LIABILITY TO ANY BUYER ARISING FROM ANY CAUSE OF ACTION RELATED TO OR ARISING FROM TANC’S SERVICES, THE SITE, OR ANY TRANSACTION FACILITATED THROUGH THE SITE IS STRICTLY LIMITED TO A REFUND OF THE TANC BUYER FEE ACTUALLY PAID BY THAT BUYER IN CONNECTION WITH THE SPECIFIC TRANSACTION AT ISSUE. TANC SHALL HAVE NO LIABILITY WHATSOEVER TO ANY SELLER. THIS CAP APPLIES TO ALL CLAIMS, OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, TORT, STATUTE, EQUITY, OR OTHERWISE, AND CANNOT BE EXPANDED BY ANY COURT, ARBITRATOR, OR OTHER FORUM.

4.4 Conditions for Fee Refund

TANC will refund the buyer fee only in the specific circumstance where: (a) the seller accepts a buyer’s offer; and (b) the seller thereafter wrongfully and unilaterally refuses to complete the sale in material breach of the accepted offer. In all other circumstances, TANC fees are non-refundable, including but not limited to: buyer’s cancellation of an accepted offer; buyer’s failure to timely deposit funds into escrow; failure of the transaction due to financing issues; vehicle condition disputes; and buyer dissatisfaction with any third-party service.

5. User Accounts and Registration

• You must create a registered account to list a vehicle, submit an offer, or access the Dashboard. Browsing active listings does not require registration.
• You agree to provide accurate, current, and complete information during registration and to update your account information promptly if it changes.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You agree to notify TANC immediately of any unauthorized use of your account or any security breach at CustomerService@TANC.com.
• TANC is not liable for any loss or damage arising from your failure to maintain account security.
• TANC reserves the right to suspend or terminate any account at any time, with or without notice, for any reason, including suspected fraud, violation of these Terms, or inactivity.

6. Seller Listings; Seller Representations and Warranties

By submitting a vehicle listing, you (as seller) represent, warrant, and covenant as follows:

• You are the legal owner of the vehicle, or you are expressly authorized by the legal owner to list the vehicle for sale on TANC.
• All listing content — descriptions, photographs, mileage, condition disclosures, VIN, and all other information — is accurate, complete, and not misleading in any material respect.
• The vehicle is free and clear of all liens, encumbrances, and title defects, except as expressly and accurately disclosed in the listing.
• The vehicle is legally available for sale in the jurisdiction where it is located, and the sale will comply with all applicable laws.
• You have not concealed any known material defects in the vehicle.
• You grant TANC a royalty-free, worldwide, non-exclusive, sublicensable license to display, reproduce, distribute, and use all listing content — including photographs and descriptions — for the purpose of operating, marketing, and promoting the TANC platform, for the duration of your listing and indefinitely thereafter.
• You understand that your listing, including its full content and all offers received, will be visible to other registered users as described in these Terms and on the Site.
• You understand that TANC’s escrow, inspection, car history, and transportation services are optional and are provided by independent third parties over whom TANC has no control.

TANC reserves the right, in its sole discretion, to reject, remove, modify, or decline to publish any listing that TANC determines, in its sole judgment, does not comply with these Terms, does not meet TANC’s quality or eligibility standards, or is otherwise inconsistent with the TANC brand and marketplace. TANC is not obligated to publish any submitted listing.

7. Buyer Offers; Buyer Representations and Warranties

By submitting a purchase offer, you (as buyer) represent, warrant, and covenant as follows:

• You are submitting a genuine, bona fide offer to purchase the listed vehicle and intend to complete the purchase if your offer is accepted by the seller.
• The information in your offer is accurate and complete, including the stated source of funds, deposit amount, time to acquire, and method of acquisition.
• If you state that your source of funds is financing, you have a reasonable basis to believe you will obtain such financing, and you understand that TANC and the seller are not responsible for financing contingencies.
• You understand that submitting an offer does not guarantee that the seller will accept it, and that the seller may accept any offer at any time, including an offer submitted after yours.
• You understand that all offers on a given listing — including your offer — are visible to other registered buyers and to the seller, as described in the platform’s transparent offer model.
• Upon acceptance of your offer by the seller, you are immediately obligated to pay the TANC buyer fee, which is non-refundable except as expressly set forth in Section 4.4.
• Upon acceptance of your offer, you are obligated to deposit the stated deposit amount into escrow within 2 business days, and to complete full payment within the timeframe stated in your accepted offer.
• You have conducted or intend to conduct your own independent due diligence on the vehicle prior to completing the purchase, and you are not relying on TANC for any verification of the vehicle’s condition, title, history, or value.
• You agree that TANC’s coordination of car history reports, pre-purchase inspections, escrow services, and vehicle transportation is purely a facilitation service; the results and outputs of those services are provided by independent third parties, and TANC makes no representation or warranty regarding them.

8. Buyer-Seller Disputes; TANC Has No Role

All disputes, claims, or controversies arising between a buyer and a seller — including disputes regarding vehicle condition, title, misrepresentation, breach of any purchase agreement, payment, performance, or any other transaction-related matter — are solely the responsibility of the buyer and seller to resolve among themselves or through appropriate legal channels.

You expressly release TANC, its members, managers, officers, employees, agents, contractors, successors, and assigns (collectively, "TANC Parties") from any and all claims, demands, losses, liabilities, and damages of every kind and nature, known and unknown, arising out of or in any way connected with any dispute between you and any other user of the Site. You waive any and all rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

9. Prohibited Conduct

You agree not to engage in any of the following conduct on or through the Site:

• Submitting false, inaccurate, misleading, or fraudulent listing content, offer content, or account information
• Listing a vehicle you do not own or are not authorized to sell
• Misrepresenting the condition, mileage, title status, or material characteristics of a vehicle
• Submitting a sham or non-genuine offer with no intention to complete the purchase if accepted
• Using the Site to conduct any unlawful activity, including violation of California Vehicle Code, federal consumer protection laws, or any other applicable statute or regulation
• Attempting to circumvent TANC’s fee structure by completing a transaction initiated on TANC through off-platform channels
• Harassing, threatening, or defaming other users
• Scraping, crawling, or using automated means to access the Site or its data without TANC’s express written consent
• Attempting to gain unauthorized access to TANC’s systems, accounts, or data
• Uploading or transmitting any malicious code, viruses, or harmful content
• Using the Site in any manner that violates these Terms or TANC’s Privacy Policy

TANC reserves the right to remove any listing, cancel any offer, suspend or terminate any account, and take any other remedial action in response to any actual or suspected violation of these Terms, with or without notice, without liability to you.

10. Intellectual Property

All content on the Site created by TANC — including but not limited to the TANC name, logo, taglines, website design, interface layout, code, text, graphics, photographs created by TANC, videos, and other materials — is the proprietary property of TANC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or use any TANC intellectual property without TANC’s prior written consent.

By submitting listing content (including photographs, descriptions, and vehicle information), you grant TANC the license described in Section 6 above. You represent and warrant that you own or have the right to grant this license, and that your content does not infringe any third party’s intellectual property rights.

11. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TANC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR UNINTERRUPTED ACCESS. TANC DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM ERRORS, BUGS, VIRUSES, OR SECURITY VULNERABILITIES; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR SERVERS WILL BE CONTINUOUSLY AVAILABLE. TANC MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR AUTHENTICITY OF ANY LISTING CONTENT, VEHICLE HISTORY REPORT, INSPECTION RESULT, TITLE RECORD, OR ANY OTHER INFORMATION DISPLAYED ON THE SITE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY TANC PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OF DATA OR INFORMATION; COST OF SUBSTITUTE GOODS OR SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE; OR ANY OTHER LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY TRANSACTION FACILITATED THROUGH THE SITE, ANY LISTING CONTENT, ANY THIRD-PARTY SERVICE, OR ANY OTHER MATTER RELATED TO THESE TERMS, EVEN IF TANC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TANC’S TOTAL CUMULATIVE LIABILITY TO ANY BUYER, FOR ALL CLAIMS OF ANY KIND, SHALL NOT EXCEED THE AMOUNT OF THE TANC BUYER FEE ACTUALLY PAID BY THAT BUYER IN CONNECTION WITH THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM. TANC’S TOTAL CUMULATIVE LIABILITY TO ANY SELLER, FOR ALL CLAIMS OF ANY KIND, IS ZERO (USD $0.00), AS TANC CHARGES SELLERS NO FEES.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, TANC’s liability is limited to the fullest extent permitted by applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless TANC Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of or access to the Site or Services
• Your violation of these Terms or TANC’s Privacy Policy
• Your violation of any applicable law or regulation
• Any listing content you submit, including any misrepresentation or omission
• Any offer you submit, including any failure to perform upon acceptance
• Any dispute between you and another user of the Site
• Your infringement of any intellectual property or other right of any third party
• Any third-party claim arising from your use of third-party services coordinated through TANC

TANC reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with TANC in connection with any such defense.

14. Dispute Resolution; Mandatory Arbitration; Class Action Waiver

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact TANC at CustomerService@TANC.com to attempt to resolve the dispute informally. TANC will attempt to resolve the dispute within 30 days. If the dispute is not resolved informally within 30 days of TANC’s receipt of your notice, either party may proceed to arbitration.

14.2 Binding Arbitration

All disputes, claims, or controversies arising out of or relating to these Terms, the Site, the Services, or any transaction facilitated through the Site ("Disputes") — including any dispute regarding the formation, interpretation, enforceability, breach, termination, or validity of these Terms — shall be resolved exclusively through final and binding arbitration administered by JAMS (jamsadr.com) under its then-current Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single neutral arbitrator. If the amount in dispute does not exceed $25,000, the arbitration may be conducted entirely on a documents-only basis unless either party requests an in-person or telephonic hearing. Arbitration shall take place in San Diego, California, unless the parties agree otherwise.

14.3 Class Action and Collective Action Waiver

YOU AND TANC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR COLLECTIVE PROCEEDING OF ANY KIND AGAINST TANC. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS, CONDUCT CLASS PROCEEDINGS, OR AWARD RELIEF ON BEHALF OF UNNAMED PARTIES.

14.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TANC EACH IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CLAIM, OR CAUSE OF ACTION ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES.

14.5 Limitations on Damages in Arbitration

In any arbitration proceeding, the arbitrator is expressly prohibited from awarding punitive damages, exemplary damages, treble damages, or any damages in excess of the limitation set forth in Section 12 of these Terms. The arbitrator shall apply California law to the merits of any Dispute.

14.6 Time Limitation on Claims

ANY CLAIM OR CAUSE OF ACTION AGAINST TANC ARISING FROM OR RELATING TO THESE TERMS OR THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM OR CAUSE OF ACTION AROSE, OR SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.

14.7 Governing Law; Venue for Non-Arbitrable Matters

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any claim or dispute that is not subject to arbitration under these Terms (including any claim that this arbitration provision is unenforceable) shall be litigated exclusively in the state or federal courts located in San Diego County, California. You hereby consent to personal jurisdiction and venue in such courts.

14.8 Severability of Arbitration Provision

If the class action waiver in Section 14.3 is found to be unenforceable with respect to a particular Dispute, then the mandatory arbitration requirement will not apply to that Dispute, and the Dispute shall be litigated in the courts described in Section 14.7. All other provisions of this Section 14 remain in full force and effect.

15. General Provisions

15.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and TANC with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, oral or written, regarding the Site and Services.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms, and the remaining provisions shall continue in full force and effect.

15.3 No Waiver

TANC’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by TANC of any breach or default shall constitute a waiver of any subsequent breach or default.

15.4 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without TANC’s prior written consent. TANC may freely assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or asset sale.

15.5 Force Majeure

TANC shall not be liable for any failure or delay in performance resulting from circumstances beyond TANC’s reasonable control, including acts of God, natural disasters, pandemics, government actions, cyberattacks, internet outages, and failures of third-party service providers.

15.6 Relationship of the Parties

TANC and you are independent parties. Nothing in these Terms creates an agency, partnership, joint venture, employment, or fiduciary relationship between TANC and you for any purpose.

15.7 Notices

TANC may provide notices to you by email (to the address associated with your account), by posting a notice on the Site, or by any other means TANC chooses. Your notices to TANC must be sent to CustomerService@TANC.com, with the relevant subject matter described in the subject line.

15.8 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

16. Contact Information