Terms of Use

Concierge Service Terms of Use

The auto buying website (the Site) is offered to you conditioned on your acceptance of the terms, conditions and notices contained or incorporated by reference herein and such additional terms and conditions, agreements and notices that may apply to any page or section of the Site. The Site is owned and operated by CU Direct Corp., administrators of the auto buying program. All materials published herein are protected by copyright, and owned or controlled by CU Direct Corp. All rights not expressly granted herein are reserved.

Your use of the Site constitutes your agreement to all such terms, conditions, and notices. Please read them carefully. By using the Site, you agree to these Terms of Use ("Terms of Use"), as well as any other terms, guidelines or rules that are applicable to any portion of the Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information or products from the Site.

Modification of the Site and these Terms & Conditions

CU Direct Corp. reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Site is offered and the services, features, links, content, information and any other materials offered via the Site at any time and from time to time without notice or further obligation to you. By your continued use of the Site following such modifications, alterations, or updates, you agree to be bound by such modifications, alterations, or updates.

Copyright

All content, text, images, and other materials on the Site are either owned or licensed by CU Direct Corp. or by a third party and are protected by U.S. copyright laws and therefore, may not be used except with our express written consent. Unless agreed in writing by us, you may not copy, display, or post any content, text, images, or other materials offered via the Site on any network computer, website, bulletin board or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images, or other materials offered via the Site.

Trademark

All trademarks, service marks, and trade names (collectively the "Marks") that appear on the Site are proprietary to CU Direct Corp. its affiliates or other respective owners. You may not display or reproduce the Marks other than with the prior written consent of CU Direct Corp, and you may not remove or otherwise modify any trademark notices from any content, text, images, or other materials received through the Site.

Links to Third Party Sites

This site contains links to websites operated by third parties other than CU Direct Corp. Such links are provided for your reference only. CU Direct Corp. does not control such websites, and is not responsible for the contents of these websites. CU Direct Corp‘s inclusion of links to such websites does not imply any endorsement of the material on such websites. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

Privacy

CU Direct Corp. respects the privacy of users of its site. Please refer to CU Direct Corp.’s Privacy Policy for information on users' rights and responsibilities with respect to information collected by clicking here.

Forms, Services and Information

If any of the services, information or materials provided via the Site require you to provide certain information; you agree to complete the registration or other process by providing CU Direct Corp. with current, complete, and accurate information as requested. You acknowledge and agree that CU Direct Corp., at its sole discretion, may suspend or discontinue and refuse all current and future access to or use of, any portion of the Site at any time without notice to you.

Monitoring

CU Direct Corp. has no obligation to monitor the Site or any portion thereof. However, CU Direct Corp. reserves the right to review any content, text, images, files, information or other materials submitted to or posted on the Site, including, without limitation, and remove, delete, redact or otherwise modify such any content, text, images, files, information or other materials submitted to or posted on the Site, at its sole discretion, at any time and from time to time, without notice or further obligation to you. The auto buying program does not endorse, and you may not rely on, any content, text, images, files, information, or other materials submitted to or posted on the Site.

CU Direct Corp has no obligation to display or post any content, text, images, files, information, new or used car inventories or other materials provided by you. CU Direct Corp. reserves the right to disclose, at any time and from time to time, any information or any content, text, images, files, information or other materials submitted to or posted on the Site or identifying information of the submitter or poster that CU Direct Corp. deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request. CU Direct Corp. shall not have any liability in connection with any content, text, images, files, information or other materials submitted, transmitted via the Site, or displayed on the Site, regardless of whether provided by CU Direct Corp. or any other party.

Dispute Resolution

If any controversy, dispute, or claim arising out of or related to your use of the Site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, CU Direct Corp. will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of CU Direct Corp.’s trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the "Intellectual Property") or any act or omission by you that may impair the goodwill associated with the Intellectual Property.

Indemnification

You agree to indemnify, defend and hold harmless CU Direct Corp. its affiliates, and their respective officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from: (1) your use of the Site, including, without limitation any content, images, information or other materials submitted or transmitted by you via the Site , (2) any violation by you of: (a) these Terms of Use, (b) any other terms, guidelines or rules applicable to the Site , (c) any rights of any other person or entity, and (d) any applicable laws, rules or regulations.

Enforcement

You hereby agree that the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings, and other hearings initiated by you will be in Suffolk County, New York. These Terms of Use and the relationship between you and CU Direct Corp. will be governed by the laws of the State of New York as if you signed these Terms of Use in New York. The provisions of these Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.

Personal & Non-Commercial Use Limitation

This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. The content available through the Site is the sole property of CU Direct Corp. or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws. Except as otherwise explicitly agreed in writing, the Auto Buying Program-owned content received through the Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by CU Direct Corp.’s licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without CU Direct Corp.’s express prior written consent.

Limitation of Liability

NEITHER CU DIRECT CORP NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CU DIRECT CORP. OR A SUPPLIER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE , REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ARE PROVIDED BY CU DIRECT CORP. OR ANY THIRD PARTY. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CU DIRECT CORP. AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, WHETHER PROVIDED OR OWNED BY IT OR THEM OR BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CU DIRECT CORP. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, AND YOU MAY NOT RELY ON THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Liability Disclaimer

ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY, AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN CU DIRECT CORP AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, INFORMATION AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. CU DIRECT CORP AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. CU DIRECT CORP AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, AND COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOU WARRANT TO CU DIRECT CORP THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.

Vehicles

NONE OF THE VEHICLES LISTED IN THE PRE-OWNED SECTION OR REVIEWS IS OWNED BY CU DIRECT CORP. CU DIRECT CORP OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY VEHICLE. VEHICLES DISPLAYED FOR SALE ON CU DIRECT CORP AND/OR PARTNER, DEALER OR INDEPENDENT PROVIDER WEBSITES MAY BE SOLD WITH OR WITHOUT WARRANTY FROM THE OFFERING/SELLING DEALER (EACH, A "DEALER"). UNLESS STATED OTHERWISE, ALL VEHICLES ARE SOLD "AS-IS", WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A VEHICLE ARE THAT OF THE SELLING DEALER AND NOT CU DIRECT CORP.

• IT IS YOUR RESPONSIBILITY TO READ THE VEHICLE DESCRIPTION PROVIDED BY THE DEALER AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR TO COMPLETING YOUR PURCHASE. CU DIRECT CORP DOES NOT CERTIFY THE QUALITY, ACCURACY OR CONDITION OF ANY OF THE VEHICLES ADVERTISED ON CU DIRECT CORP OR ANY PARTNER, DEALER OR INDEPENDENT PROVIDER WEBSITES. IT IS YOUR RESPONSIBILITY TO INSPECT EVERY VEHICLE PRIOR TO COMPLETING YOUR PURCHASE AS EACH DEALER MAY OFFER PRE-OWNED VEHICLES WITHOUT EXPRESS WARRANTY, REFUND OR EXCHANGE OPTIONS. THE DEALER IS RESPONSIBLE FOR DISCLOSING PRIOR RENTAL AND DEALER DEMONSTRATION HISTORY, FRAME DAMAGE, SALVAGE HISTORY, STOLEN-RECOVERY HISTORY, FLOOD DAMAGE, AND ANY MATERIAL COSMETIC OR MECHANICAL DAMAGE, DEFECT OR IRREGULARITY OF THE VEHICLE. CU DIRECT CORP DOES NOT INSPECT OR CERTIFY ANY VEHICLE, REGARDLESS OF WHETHER ANY DEALER MAY CLAIM TO OFFER INSPECTED VEHICLES AND "CERTIFY" THE CONDITION OF THE VEHICLE BEING OFFERED. IT IS DEALER'S SOLE RESPONSIBILITY TO ENSURE THAT THE VEHICLE MEETS ALL LOCAL STATE AND FEDERAL REQUIREMENTS APPLICABLE FOR THE MODEL AND YEAR OF VEHICLE.
• VEHICLE AVAILABILITY & PRICES: CU DIRECT CORP DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. ALL VEHICLE DESCRIPTIONS AND PRICES PROVIDED TO YOU EITHER ON THIS SITE OR VIA SEPARATE CONTACT FOLLOWING YOUR SUBMISSION OF A PURCHASE REQUEST ARE MADE BY THE PARTICIPATING DEALER POSSESSING THE DESIRED VEHICLE AND NOT BY CU DIRECT CORP. ALL VEHICLES PRICES AND DESCRIPTIONS LISTED AS AVAILABLE ON THIS SITE ARE ESTABLISHED AND ELECTRONICALLY PLACED THERE BY THE PARTICIPATING DEALER WHO OWNS THE VEHICLE AND NOT CU DIRECT CORP. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY. ALL DATA AND INFORMATION USED IN OUR RESEARCH TOOLS FOR CONFIGURING VEHICLES, SELECTING OPTIONS, DETERMINING PRICING, INVOICE, TRADE-IN VALUES OR INCENTIVES ON THIS SITE ARE SUPPLIED BY THIRD PARTY VENDORS FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE BINDING ON CU DIRECT CORP OR THE DEALER. ALL TOOLS APPEARING ON THIS SITE THAT ALLOW FOR CONFIGURING VEHICLES WITH DIFFERENT OPTIONS DO SO WITH SUCH ITEMS THAT ARE TYPICALLY AVAILABLE FROM THE MANUFACTURER AND ARE TYPICALLY AVAILABLE AT LOCAL DEALERSHIPS AND MAY NOT BE INDICATIVE OF ALL OF THE CONFIGURATIONS AND EQUIPMENT AVAILABLE ON THE VEHICLE BEING CONFIGURED OR THE EXACT PRICE(S) FOR A VEHICLE SO EQUIPPED.
• VEHICLE DEPOSITS & SERVICE FEES: 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 VEHICLE PURCHASE. CU DIRECT CORP DOES NOT CHARGE A FEE FOR OUR SERVICES. ANY DEPOSIT REQUIREMENT IS STRICTLY NEGOTIABLE BETWEEN YOU AND THE DEALER (NOT CU DIRECT CORP).

Vehicle Information

The Site does not advertise or promote the sale of any particular vehicle, nor does the Site, CU Direct Corp recommend or endorse the sale of any particular vehicle, and users should not construe the information conveyed via the Site as advertisements for the sale of any particular vehicle. Rather, the Site only provides information, including MSRP, to users of the Site to aid in the decision-making process and the negotiating process with dealers.

Loans

CU Direct Corp. is not a lender, bank or financial services provider. Any financial or loan information provided on the Site, including, without limitation, quotes, links, articles, glossaries and any other materials, is provided solely as a convenience to you. Without limiting any of the foregoing, CU Direct Corp. makes no warranties, and expressly disclaims any warranties, express or implied, including, without limitation, any warranties regarding the accuracy, completeness or timeliness of such financial or loan information or whether or under what circumstances any loan may or may not be granted or approved. Such financial or loan information is not intended to be advice, and you may not rely on such information. The terms and conditions of any loans, your eligibility to borrow any funds, and any other similar terms and services shall be determined solely by the offering or lending agent or bank. You should request from such lender, and carefully review, any available written documentation in connection with any loans.

General

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CU Direct Corp as a result of this agreement or use of the Site. CU Direct Corp’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CU Direct Corp right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CU Direct Corp with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and CU Direct Corp with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CU Direct Corp with respect to the Site. A printed version of this agreement 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.

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