Welcome to CUDL AutoSMART.com. CUDL AutoSMART.com is a service of CU Direct Corporation (“CUDL”). By using this website, you, the person clicking his or her acceptance, accepts the terms of this User Agreement. This is a legally binding agreement between you and CUDL. 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
To obtain access to certain CUDL AutoSMART.com services, you will be given an opportunity to register at 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 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 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 cannot establish a link or frame any content nor incorporate into another website or other service any intellectual property of CUDL or its licensors without the prior written permission of CUDL. Requests for permission to reproduce, distribute or frame CUDL’s 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 email to CUDL AutoSMART Service.
CUDL® and its other marks are the registered trademarks of CU Direct Corporation. The names of other products and services referred to on the CUDL AutoSMART.com 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 © 1998-2011 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 third 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 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 uses listings data material to obtain other information (such as vehicle valuation information) for further display and distribution.
You may post listings, ratings, reviews, comments and other content, so long as the content is not false, misleading, illegal, obscene, threatening, defamatory, invasive of privacy rights, infringing of the copyright, trademark or other intellectual property rights of any third party, or otherwise injurious to CUDL or third parties. By submitting content to CUDL you agree to abide by the terms of this User Agreement and any rules or policies established by CUDL for the area of the CUDL AutoSMART.com website in which you post your content.
By submitting listings, ratings, reviews, comments or other content to CUDL AutoSMART.com, you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code and that you own or otherwise control all of the rights (including any copyright, trademark, trade secret, patent or other intellectual property right) to the content that you submit. You further represent that the content is accurate, that the use of the content you submit does not violate this User Agreement, any applicable laws or regulations or the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify and hold harmless CUDL, its licensors, affiliates and service providers (and all of their respective officers, directors, employees and representatives) from all claims, demands, damages and costs (including attorneys' fees) resulting from content you submit. If you submit a vehicle rating and/or review, you represent that your submission is based on your own honest opinion, finding and/or experience, that you are not employed by the manufacturer of the vehicle you are rating or writing about and that you have not received and will not receive any compensation for your submission.
By submitting any content to CUDL AutoSMART.com, you are permanently granting CUDL and its licensors, affiliates, successors and licensees all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display such content throughout the world in any media without compensation to you, and to maintain the material in an archive. Among other things, CUDL uses listings data to derive other useful information (such as vehicle valuation information) for display, sale and distribution. You further grant to CUDL and its affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if they choose, without compensation to you.
Although CUDL cannot monitor all the listings and content posted to the CUDL AutoSMART.com website, CUDL reserves the right (but assumes no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to CUDL’s attention that CUDL considers unacceptable or inappropriate, whether for legal or other reasons. CUDL retains the right to deny access to anyone who CUDL believes has violated these terms or any other term of this agreement. CUDL will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to CUDL. However, CUDL may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce the CUDL AutoSMART.com User Agreement, or to protect the rights, property or safety of visitors to the CUDL AutoSMART.com website, CUDL’s advertisers, the public or CUDL. Notwithstanding the foregoing, CUDL takes no responsibility and assumes no liability for any content posted to the CUDL AutoSMART.com website by you or other third parties.
4. Buying, Selling and Vehicle Display Services
CUDL AutoSMART.com is also a buying, selling and vehicle display service; information about a particular vehicle is supplied by the seller, not by CUDL. 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, compliance fees or other fees and charges, 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, not CUDL, are responsible for material they post and for the content of all information transmitted through CUDL AutoSMART.com. CUDL cannot verify the information seller’s supply or guarantee the vehicles they offer.
When you offer a vehicle for sale through CUDL AutoSMART.com, you must be prepared to sell that vehicle at the price at which, and the terms on which, you have listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on CUDL AutoSMART.com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on CUDL AutoSMART.com, nor may you use CUDL’s website to promote, without CUDL’s prior express written permission, any other website, product or service. Sell Your Vehicle ads are available only to private sellers (not a licensed motor vehicle dealer) who want to list their vehicles for sale.
Sell Your Vehicle ads are not to be used to advertise more than one vehicle per ad purchased, regardless of ad duration. For this reason, you cannot edit your vehicle's Year, Make, Model or VIN once you've purchased your ad. Always double-check this information before submitting your ad.
Private sellers who seek to list more than five vehicles on the CUDL AutoSMART.com website simultaneously, and all dealers, must make other arrangements with CUDL, contact CUDL AutoSMART.com directly by calling (877) 744-2835 or send an email to CUDL AutoSMART Manager. Using CUDL’s Sell Your Vehicle service, you represent that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a motor vehicle dealer, and that neither you, nor anyone acting on your behalf will list more than five vehicles for sale simultaneously. CUDL reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses CUDL’s website in a manner CUDL considers inappropriate.
A variety of marketing packages are offered on the CUDL AutoSMART.com website, with combinations of features that can vary by market area. For information about the marketing packages available to private sellers in your area, click the Sell Your Vehicle tab or button on CUDL’s website. On the next page, enter the required data to view CUDL’s product offerings.
Responsibility for the information contained in each listing lies with each seller. You alone are responsible for material you post and for the content of all email messages you transmit through CUDL AutoSMART.com. Nothing will undermine a user's confidence in the vehicle you are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in CUDL, CUDL cares deeply about making sure that the information you supply is accurate and that, in all respects, you treat other CUDL AutoSMART.com users fairly and honorably.
In CUDL’s efforts to fight Internet and e-mail fraud, CUDL reserves 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 (if applicable).
Though CUDL does not monitor every transaction that originates on CUDL AutoSMART.com, CUDL may (at CUDL’s 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 CUDL’s investigations reveal, or CUDL otherwise learns, that a seller is engaging in unfair or deceptive practices, CUDL reserves the right to immediately cancel that seller’s use of the CUDL AutoSMART.com services.
CUDL AutoSMART.com 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 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. CUDL highly recommends that you take the time to familiarize yourself with the terms of the applicable certification program before buying any vehicle designated as certified.
By placing an ad through CUDL’s Sell Your Vehicle service, you agree to pay the fees specified for the package you select, regardless of whether your vehicle sells as a result of the listing. Take care in selecting your marketing package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your vehicle. See Refund Policy below.
5. Refund Policy
The Sell Your Vehicle service on CUDL AutoSMART.com offers great value through favorable listing fees for wide exposure for your vehicle and effective enhancements to improve the chances of a buyer noticing your Ad. CUDL therefore cannot generally offer refunds on listing fees.
CUDL adheres to the following policy with respect to requests for refunds of listing fees:
6. Links to Other Sites
7. 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 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 DOES CUDL OR THEY GUARANTEE THAT THE WEBSITE WILL BE CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUDL ASSUMES 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.
8. General Provisions
Please let CUDL know if you find that any material on CUDL’s site that appears to be inaccurate. You may forward a copy of the material to CUDL AutoSMART Manager, along with a brief explanation of the inaccuracies.
CUDL 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 CUDL’s posting of such changes, you agree to be bound by this User Agreement, as modified. CUDL 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. If any legal action is necessary to enforce the terms of this User Agreement, the prevailing party shall be entitled to attorneys’ fees in addition to any other relief to which that party may be entitled.
CUDL 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 CUDL’s 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 and governs your use of the website. The failure of CUDL to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision.
By using this service, you accept the terms of CUDL’s User Agreement.