You are currently viewing a page of AutoSMART’s website cudlautosmart.com, or a related web site (the “Site”) belonging to CU Direct dba Origence for itself and its wholly owned affiliates, (collectively, “Origence”) that provides services, with the exception of its subsidiary FI Connect, LLC. This Site also includes any version of this Site that is optimized or configured for use by mobile computing devices such as smartphones and tablets, as well as mobile applications. The use of this Site and any of the services provided by Origence in connection with this Site (the “Services”) are being provided to you expressly subject to these Terms of Use (the “Terms”). These Terms shall govern your use of this Site.

“Services” under these Terms include products and financial services offered by Origence, including AutoSMART and CUDL, or third-party Financial Institutions, and additional services available to you through independent third-party service providers accessed through navigation of this Site.

These Terms apply to you whether you are a consumer or a business. By accessing, visiting, browsing, or interacting with any part of this Site, you agree that you are at least 13 years of age and that you have read and understand these Terms and the Privacy Policy and agree to be bound by them. You also agree to comply with all applicable laws and regulations.

Origence reserves the right to make changes to these Terms and to the Site, without prior notice, at Origence’s sole discretion. Continued use by any party of this Site constitutes your acceptance of these changes and the most up-to-date version of these Terms. The most current version of these Terms, which will supersede all previous versions, can be viewed by clicking the “Terms of Use” hyperlink located at the bottom of the AutoSMART website homepage.

You understand and agree that effective use of this Site may require your browser to use software plug-ins and modules in order to correctly display content and utilize features on the Site. YOU ACKNOWLEDGE THAT NEITHER ORIGENCE NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, NONE OF THE AFOREMENTIONED PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE EXPERIENCED FROM USE OF THE SERVICES OR THIS SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY OF THE INFORMATION, SERVICES, OR MERCHANDISE PROVIDED THROUGH THE SITE AND ANY SERVICES ON THE SITE, OR ANY SITE CONNECTED TO THIS SITE VIA HYPERLINK OR OTHERWISE. THIS DOES NOT AFFECT ANY MANUFACTURER’S OR THIRD-PARTY WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE MAY OFFER.

EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OR WHERE THE LAW REQUIRES AN ALTERNATIVE STANDARD, YOU AGREE THAT ORIGENCE IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, ACCIDENT OR INJURY CAUSED EITHER BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ORIGENCE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, ECONOMIC, OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, BROWSER SOFTWARE, AND THE LIKE. THIS INCLUDES ANY LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES, “WORMS” AND THE LIKE WHICH MAY INFECT YOUR COMPUTER SYSTEM.

THE SERVICES ARE OFFERED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY- INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Access, Registration, and Submissions of Information

In order to access this Site or some of the resources offered herein, you may be invited to register personal or business information. This will allow Origence to tailor its Services to your personal needs and alert you to other products and Services that may be helpful to you and/or your business.

Your continued use of this Site is conditioned upon the correct, current, and complete provision of any such information. If Origence believes that the information you provide is not correct, current, or complete, Origence retains the right to refuse you access to this Site or to any of its resources, and to terminate or suspend your access at any time and without prior notice.

If you are enrolled in any online services provided by Origence, your use of those Services is governed by the agreement executed by you and Origence upon consummation of your enrollment (the “Enrollment”), which may incorporate these Terms by reference. If there is any conflict between these Terms and the Enrollment, the Enrollment will control.

Except with regard to non-public personal information, you hereby grant to Origence the royalty-free, perpetual, irrevocable, complete, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display all content, remarks, suggestions, ideas, or other information communicated by you to Origence through this site, (together, “Submissions”), and to incorporate any Submissions in other works in any form, media, or technology now known or later developed. Except with regard to the provisions set forth in the Privacy Policy, Origence will not be required to treat any Submission as confidential and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Origence operations.

Origence reserves the right to modify or terminate the Services and your use of this Site or to modify or terminate your access to the Services and Site, in whole or in part, at any time and without prior notice.

Restrictions on Use

You may use this site for purposes expressly permitted in these Terms. As a condition of these Terms, you warrant to Origence that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, and any subsequent amendments, notices or state or federal law.

You may not participate in or authorize any party to participate in activities including but not limited to co-branding, framing, or hyperlinking to this Site without the express prior written permission of an authorized representative of Origence. “Co-branding,” for the purposes of these Terms, means the display of a name, logo, trademark, or other means of attribution or identification of one party in such a manner as is reasonably likely to give a viewer the impression that such other party has the right to display, publish, or distribute content from or accessible within this Site. You may not use the Site or Services in any way which could disable, overburden, damage, or impair the Site, or interfere with any other party’s use and enjoyment of the Site.

This Site is for your personal and non-commercial use, except where otherwise specified, as with businesses who have engaged with us under a separate written agreement. You may not use this Site for any purpose other than those specifically allowed in these Terms. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to this Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.

Trademarks, Copyrights, and Other Proprietary Information

All of the pages, screens, material, and content accessible from this Site (the “Content”) is the proprietary information of Origence or the party that provided or licensed the Content to Origence, whereby Origence or the providing party retains all rights, title, and interest in the Content. The Content is protected by United States copyright laws and international treaties. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Origence.

The above provisions do not affect your right to print a copy of the Content solely for personal use. In doing so, however, you may not remove, alter, or cause to be removed or altered, any trademark, trade name, service mark, or other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in these Terms is a violation of Origence’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by granting you access to this Site.

Trademarks, service marks, logos, and copyrighted works appearing on the Site are property of Origence or the party that provided the trademarks, service marks, logos, or copyrighted works to Origence. Origence and such parties retain all rights associated with any of the respective trademarks, service marks, logos, and copyrighted works appearing on the Site.

If you believe in good faith that materials available on this Site or any other Origence site infringe your copyright, you may send Origence a notice requesting removal of such material. If you believe in good faith that Origence or one of its third-party affiliates has wrongfully filed a notice of copyright infringement against you related to this Site, the Digital Millennium Copyright Act provides that you may send to Origence a counter-notice. Details on notices and counter-notices are available on the United States Copyright Office website at www.copyright.gov.

Use of Communication Services

The Site may contain or provide access to forums, bulletin or chat services, message boards, and/or other message or communication facilities (collectively, “Communication Services”). Origence makes no warranty that these Communication Services will be available at any particular time or will be free of fault or error. These Communication Services are provided as a convenience to facilitate your understanding and use of Origence ’s products and services. You will not use these Communication Services to send any abusive, defamatory, dishonest, or obscene message, to transmit any proprietary material belonging to another party, that violates any law or may be considered to violate any law, or that advertises or engages in commercial activity. Violation of this section may result in terminating your use of the Communication Services.

Origence reserves the right to monitor use of this site to determine compliance with these Terms, as well as the right to remove or refuse any information for any reason. Origence reserves the right to terminate your access to any and/or all Communication Services at any time, for any reason, and without advance notice. Origence also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process of governmental request, or to edit or remove any information transmitted through the Communication Services, in whole or in part, in its sole discretion. Materials submitted through a Communication Service may be subject to limitations on use, reproduction, and dissemination and you are responsible for abiding by such limitations.

Notwithstanding the above provisions, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Origence nor any third-party affiliate of Origence will assume any liability related to any action or inaction by Origence or such third-party with respect to your submissions and use of the Communication Services. Origence specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Origence spokespersons, and their views do not necessarily reflect those of Origence.

Limitations on Liability

Origence, its subsidiaries, affiliates, employees, agents, officers, and directors will NOT be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages. Even if Origence has been advised of the possibility of such damages, in no event will the collective liability of Origence and its subsidiaries, affiliates, employees, agents, officers, and directors to any party exceed the greater of $100 or the amount you have paid to Origence for the applicable content or service out of which liability arose.

You will indemnify and hold Origence, its subsidiaries, affiliates, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content other than expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. The Indemnified Parties shall also be held harmless from and against any claims brought by third parties arising out of your use of this Site.

Automotive Transactions

Disclaimer regarding automotive transactions: The Site may include and enable vehicle listings provided by third parties, including automobile dealerships, private sellers, data aggregators, and other sources. The vehicles listed on or through the Site may not be available at the time the Site is viewed; if any vehicle is no longer available, neither Origence nor the seller are obligated to sell a similar vehicle to you at the same price. You must contact the seller to confirm that such vehicle is available. All vehicle information, including availability, price, description, finance terms, and options, is provided to this Site by third parties, and Origence is not responsible for the accuracy of the information provided. Finance terms may change based on the year, make and model of the vehicle as well as changes in your credit profile from the time pre-qualification is evaluated on or through this Site to when the vehicle transaction is completed.

Though Origence does not monitor every transaction that originates on the Site, Origence may perform random quality assurance tests to confirm that listings for vehicles being offered for sale on the Site 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 Origence’s investigations reveals, or otherwise learns, that a seller is engaging in unfair or deceptive practices, Origence reserves the right to immediately cancel that seller’s use of the Site’s services.

AutoSMART vehicle listings may include vehicles that display as "certified". Certified means that a preowned 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. Origence 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. Origence recommends that you take the time to familiarize yourself with the terms of the applicable certification program before buying any vehicle designated as certified.

Third-Party Services and Links

Origence will be utilizing the services of certain third-parties to provide you the services you are requesting. Origence specifically disclaims any responsibility or liability for the services or products provided by such third-parties, and Origence is not responsible for the accuracy of any such information provided.

Our platform facilitates direct communication and information sharing between you, the consumer (if applicable), and third-party financial institutions. This is made possible through the integration of third-party service providers. The Site may be hyper-linked to other sites which are not maintained by or related to Origence. Such hyper-links are provided as a Service to users and are not sponsored by or affiliated with Origence. Origence has not reviewed any or all of such sites and is not responsible for the content of those sites.

You expressly understand and agree that Origence is not responsible for and does not warrant the actions, practices, or policies of third-party financial institutions or service providers in relation to the use of your information. Origence shall not be liable for any misuse, unauthorized access, or improper handling of your information by third-party financial institutions or service providers. By using our Services, you expressly consent to the direct communication and information sharing with third-party financial institutions and service providers as facilitated by our platform. Third-parties may also record your audio or video calls with third-party financial institutions. It is your responsibility to review and understand the privacy policies and terms of use of third-party financial institutions before engaging with them through our platform.

Chat and Session Replay Features

Origence and our third-party service providers may use chat bot or session replay tools that may track your movements on our websites; your movements and actions outside of the website will not be tracked. This is done to better assist in your experience with our Site and products and Services you may wish to access. You can manage tracking by going to your cookie settings. See Origence’s privacy policy to better understand how the information is used by following this

Miscellaneous

These Terms will be governed and interpreted pursuant to the laws of the state of California. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Origence arising out of these Terms or pertaining to the subject matter hereof. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Origence as a result of these Terms or the use of the Site. These Terms constitute the entire terms and conditions among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Origence with respect to the Site.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain. Origence may revise these Terms at any time by updating this posting.

Contact Information:

Contact: AutoSMART Manager, CU Direct Corporation

Mail: 18400 Von Karman, Suite 900, Irvine CA, 92612

Email: info@origence.com or

Privacy@origence.com for privacy concerns.

AutoSMART® websites © 2024; All rights reserved. CU Direct Corporation dba Origence, is headquartered at 18400 Von Karman, Suite 900, Irvine, CA 92612.