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Terms of Use

 

Welcome to CUDL AutoSMART.com. CUDL AutoSMART.com is a service of CU Direct Corporation, a credit union-owned service organization serving the credit union industry. By using this website, you accept the terms of this Terms of Use Agreement (“User Agreement”). This is a legally binding agreement between you and CUDLAutoSMART.com. You represent that you are of legal age to enter into this User Agreement. Please read the provisions of this User Agreement carefully.

1. Registration Process

Before you can access certain CUDL AutoSMART.com services, you must register with CUDL AutoSMART.com. You must supply your email address which will be used as your user name and then you will be asked to create a password. You agree that the information you provide during the registration process will be true, accurate, current and complete. You agree not to register under the name of, nor try to access CUDL AutoSMART.com services under someone else’s name. CUDL AutoSMART.com reserves the right to refuse use of its services to any user name that CUDL AutoSMART.com deems offensive or inappropriate. You assume sole and full responsibility for maintaining the confidentiality of your password and for all actions that occur through the username/password that you have created. You agree to notify us if you are aware of or suspect any unauthorized use of your account or any other breach of security related to the use of this website.

2. Copyright & Trademark

CUDL AutoSMART.com is made available for your personal, non-commercial use only. The information and materials on this site and all related logos, products and services described are the property of CUDL AutoSMART.com or its licensors, and are protected by U.S. copyright laws and international conventions. Nothing contained on this website shall be construed as granting by implication, estoppel, or otherwise any license or right under any trademark, patent, copyright, (except as expressly stated otherwise), or proprietary rights of CUDL Auto SMART.com or of any third party. Except as explicitly provided in this User Agreement, you agree not to distribute, transmit, display, reproduce, modify, trade, create derivative works from, or exploit for any commercial purposes any portion of the services, use of the services or access to the services of the materials on this website. You may copy, display and occasionally print a single copy of any page on the site for your personal, non-commercial use, provided that any such copy or display includes any copyright, trademark or service mark attribution as it appears on such page.

You can not establish a link or frame any content nor incorporate into another website or other service any intellectual property of CUDL AutoSMART.com or its licensors without the prior written permission of CUDL AutoSMART.com. Requests for permission to reproduce, distribute or frame our content found on CUDL AutoSMART.com, should be sent to Attention: CUDL AutoSMART Manager, CU Direct Corporation, 2855 E. Guasti Rd, Suite 500, Ontario CA 91761 or to CUDL AutoSMART Service.

CUDL® is a registered trademark of CU Direct Corporation. The names of other products and services referred to on our website may be the trademarks of other owners. You agree not to use any trademark or service mark appearing on CUDL AutoSMART.com without the prior written consent of the owner. All content of this site (unless otherwise noted) is the property of CUDL AutoSMART.com and Copyright © 1998-2006 CU Direct Corporation and/or its licensors. All rights reserved.

You agree not to use CUDL AutoSMART.com to violate the copyright, trademark, or other intellectual property right(s) of any person or other entity. By submitting material to the CUDL AutoSMART.com website, you represent you are the rightful owner of the material or are making your submission with the explicit consent of its rightful owner. By submitting any material to the CUDL AutoSMART.com website, you hereby grant CUDL AutoSMART.com all rights to the material, including the right to modify, display and distribute the material and otherwise use it commercially and to keep the material in CUDL AutoSMART.com’s archives. Among other things, CUDL AutoSMART.com uses listings data material to obtain other information (such as vehicle valuation information) for further display and distribution.

3. Vehicle Display & Information Services

CUDL AutoSMART.com is also a vehicle display and information service, information about a particular vehicle is supplied by the seller, not by CUDL AutoSMART.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on CUDL AutoSMART.com in most cases, do not include sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Responsibility for the information contained in vehicle listings lies with each seller. They alone are responsible for material they post and for the content of all information transmitted through CUDL AutoSMART.com. CUDL AutoSMART.com cannot verify the information seller’s supply or guarantee the vehicles they offer.

In our efforts to fight Internet and e-mail fraud, we reserve the right to screen all vehicle listings and randomly selected emails before they are posted or sent. In the event that your e-mail message has not reached the seller of the vehicle you are inquiring about, you may try contacting the seller directly by telephone.

Though CUDL AutoSMART.com does not monitor every transaction that originates on CUDL AutoSMART.com, we may (at our sole discretion) perform random quality assurance tests to confirm that listings for vehicles being offered for sale on CUDL AutoSMART.com represent the actual vehicle that the seller has agreed to sell at the prices at which, and the terms on which, they have advertised them. If our investigations reveal, or we otherwise learn, that a seller is engaging in unfair or deceptive practices, CUDL AutoSMART.com reserves the right to immediately cancel that seller’s use of the CUDL AutoSMART.com services.

Although CUDL AutoSMART.com cannot monitor all vehicles displayed on our website, we reserve the right to delete any postings that we consider unacceptable or inappropriate, whether for legal or other reasons. By using CUDL AutoSMART.com, you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy CUDL AutoSMART.com. We retain the right to deny access to anyone who we believe has violated these terms of this User Agreement.

CUDL AutoSMART.com’s vehicle listings include vehicles that display as "certified"; Certified means that a pre-owned vehicle has met certain standards as established by the dealer or by the manufacturer directly in connection with their respective “certified” pre-owned vehicle programs. Whether or not to list a vehicle as “certified” is a decision that is made by the certifying dealer or manufacturer. The accompanying vehicle information for a “certified” vehicle listing is provided by the listing dealer. CUDL AutoSMART.com is not responsible for the accuracy of any information contained in a certified vehicle listing and only the manufacturer or dealer that certifies a vehicle as such will be responsible for its decision to certify that vehicle. We highly recommend that you take the time to familiarize yourself with the terms of the applicable certification program before buying any vehicle designated as certified.

4. Links to Other Sites

For your convenience, we make available a variety of links to other websites that we don't own or operate, where you can obtain automotive related products and services. These linked websites are not under our control and we are not responsible for the contents of the linked website or any hypertext reference link contained within a linked website. Although we encourage you to review such websites, we make no warranties or representations regarding the prices, terms, quality, accuracy, reliability, merchantability, fitness for purpose or performance of the products or services provided by these vendors. CUDL AutoSMART.com is not responsible for the products or services these vendors provide. When visiting other websites, you should refer to each such website’s individual terms of use and not rely on this User Agreement.

IN NO EVENT WILL CUDL AUTOSMART.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE CUDL AUTOSMART.COM AND ITS AFFILIATES FROM ANY DAMAGES THAT YOU MAY INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST CUDL AUTOSMART.COM, ARISING FROM YOUR PURCHASE OR USE OF ANY THIRD-PARTY SUPPLIED PRODUCTS AND SERVICES.

5. Warranty, Liability and Indemnification Disclaimer

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER ISSUES WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THE INFORMATION ON THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THEREFORE, THE INFORMATION PROVIDED TO YOU IS "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CUDL AUTOSMART.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY TO UPDATE THE INFORMATION CONTAINED AT THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL CUDL AUTOSMART.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM, OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF CUDL AUTOSMART.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CUDL AUTOSMART.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH OUR “SELL YOUR CAR” SERVICE. YOU ALSO AGREE TO DEFEND, INDEMNIFY CUDL AUTOSMART.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY LOSS OR DAMAGE SUFFERED OR COSTS INCURRED, BY THEM IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY BREACH BY YOU OF THE TERMS OF USE OF THIS AGREEMENT.

6. General Provisions

Please let us know if you find that any material on our site appears to be inaccurate. You may forward a copy of the material to our CUDL AutoSMART Manager, along with a brief explanation of the inaccuracies.

CUDL AutoSMART.com may change the terms of this User Agreement, in its sole discretion, without notice, from time to time. It is therefore important that you read this User Agreement regularly to ensure you are aware of any changes. By continuing to use this website following our posting of such changes, you agree to be bound by this User Agreement, as modified. CUDL AutoSMART.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

User access to and use of this website is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws.

This User Agreement has been made in, and will be construed in accordance with the laws of, the State of California. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in San Bernardino County, California in all disputes arising out of or relating to this User Agreement or use of this website.

We may at any time, without notice immediately terminate this User Agreement and your use and access to the website. In the event of termination, you are no longer authorized to use or access the website, however, all of our disclaimers and limitations of liability set out in the User Agreement shall survive the termination.

If any provision of this User Agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.

This User Agreement constitutes the entire agreement between you and CUDL AutoSMART.com and governs your use of the website. The failure of CUDL AutoSMART.com to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision.

CUDL AutoSMART.com respects your privacy. Any information collected about you (your e-mail address or contact information) is subject to our privacy policy

By using this service, you accept the terms of our User Agreement.

 
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