Credit Union Deals Terms of Service
The following Terms of Service serve as an agreement between you and Credit Union Deals (“CUD”) regarding use of and access to CUD’s websites (including the www.credituniondeals.com website and other webpages associated with this domain), apps and programs and the services and content available via such offerings (collectively, the “Service”). BY ACCESSING, BROWSING AND/OR USING THIS SERVICE, AND BY ACCEPTING THESE TERMS OF SERVICE YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS PROVIDED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE AND EXIT IMMEDIATELY. THESE TERMS OF SERVICE WILL BE MADE AVAILABLE FOR ACCEPTANCE UPON REGISTRATION.
CUD reserves the right to make changes to the Terms of Service at any time. When the terms of service are amended, they will become effective once they have been posted on www.credituniondeals.com. Your continued use of CUD’s service after the Terms of Service have been amended constitutes an acceptance of the amended Terms of Service. Review the Terms of Service regularly for amendments, additions, or updates.
NOTICE- To register as CUD Member Institution (“Member”) or to access and use this service as a User you must be 18 years of age or older and meet all requirements imposed by federal, state, and local government laws and regulations. In addition, only legal entities and individuals that meet the following criteria are permitted to use www.credituniondeals.com and CUD services: (a) you must be able to form legally binding contracts under applicable law; (b) if you are registering as a company or other legal entity, you must be an authorized employee of that legal entity; and (c) as applicable, you must meet the membership criteria for CUD and provide the requisite documents and information during registration.
Credit Union Deals is a service provider (“CUD”) and you are contracting with CUD when entering into this CUD Terms of Service (“Terms of Service”). By using CUD (including www.credituniondeals.com and its related sites, services, and applications), you (the “User”) agree to the following terms and the general principles for the sites and any relevant services provided by CUD. These Terms of Service are effective upon accessing, browsing, and/or using this service.
Scope of Agreement
Ownership of Content, Copyrights and Trademarks
All content on this Service, including, but not limited to, all photos, images, videos, text, data and data compilations, graphics, works of authorship, software, design, logos and button icons (collectively, “Service Content”); any improvements or modifications to such Service Content; any derivative works based on any of the foregoing; and the collection, arrangement and assembly of all such Service Content, are the property of CUD, its affiliates, business partners and/or licensors and are protected by United States and international copyright and other intellectual property laws. The mark “CUD,” the CUD logo and other marks that may be displayed on the Service are the proprietary service marks or trademarks of CUD or other third parties. CUD’s marks may not be used in connection with any product or service that is not CUD’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit CUD. All trademarks and service marks not owned by CUD that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CUD. Except as expressly provided herein, nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret, trade name, company name or other proprietary right of CUD or any other individual or entity.
Permitted Use and Restrictions
The Service includes various types of Service Content, as well as links to third party websites or content. You may download, view, copy and print information, materials and any other aspect of this Service (1) solely for your personal, informational purposes; (2) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered and (3) and so long as you do not store any significant portion of, or distribute copies or make derivatives of, Service Content, in any form (including electronic means), without prior written permission from CUD. You agree you will not, in any way, modify, move, add to, delete, manipulate or otherwise tamper with the any of the content provided by CUD, nor will you decompile, reverse engineer, disassemble or unlawfully use CUD or CUD’s content or portions thereof, nor will you assist any person or entity in any way in these activities. You agree you will not interfere, in any way, with others’ use of or access to the Service and will not attempt to gain unauthorized access to CUD, any related site, and/or any other Member/User, including any use or attempted use by you of another person’s password, account information, or any other information that is not personally related to your own CUD account. In addition, you agree not to provide to CUD any false information, defraud CUD, third parties, and/or other Members/Users or to otherwise take any other action in connection with your use of the Service. You agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy, mine, extract, screen scrape or use CUD or related sites, or any portion thereof (including information regarding vehicles offered at auction or the results of any auction). You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Service. Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, download, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Service or Service Content any portion thereof, without the prior written permission of CUD or its licensors.
Unauthorized Use of the Service
You agree not to access or attempt to access any password-protected portions of the Service without an authorized Login ID or password (only the authorized Login ID or password related to your CUD Member account). CUD reserves the right to take legal action against any illegal and/or unauthorized use of the Service including any use or attempted use by you of another person’s password and account information. Our decision not to pursue legal action for any violation of these Terms of Service shall not be construed as a waiver of any provision of these Terms of Service or any legal rights of CUD. Further, CUD reserves the right to deny access to the Service, or any content or feature provided via the Service, to anyone who violates these Terms of Service or any other applicable terms and conditions of use of the Service or portions thereof or who, in our judgment, interferes with our ability to perform our service, impairs the ability of others to enjoy this Service, or infringes the rights of others.
Discontinuance of Service
As has been indicated throughout these Terms of Service, CUD has the right to discontinue service to any individuals or parties that abuse, misuse, defraud, violate the Terms of Service, and/or have been deemed by CUD to constitute a material breach/misuse of CUD’s services or site. Failure to comply with these Terms of Service may lead to CUD discontinuing any party or individual’s service and effectively suspending that party or individual’s account.
In general, CUD may modify or discontinue its Service or any other content or features provided on the site or related to the site or its Service. CUD will not be held liable for the discontinuance of services or any consequences that may result, at any time and for any reason. It is the sole discretion of CUD to provide its service, and under any and all discretion, CUD has the right to cease or modify the service provided.
Membership/User Types and Registration
Becoming a Member (financial institutions) of CUD requires registration and an acceptance of these Terms of Service. To become a User of CUD only requires accessing, browsing, or using CUD’s site, which constitutes acceptance of these Terms of Service. To be able to use CUD’s service to list a vehicle or other product for sale on the site you must have a CUD membership. As part of the registration process, you will be provided with login credentials and password. Any and all information submitted to CUD during the registration process and/or the membership renewal process will be accurate and complete and you will not attempt to defraud or access the services under any false names or information. CUD has the right to suspend of terminate your account if CUD has reasonable grounds to suspect that the information provided during registration is incomplete. Before any Member/User can access CUD’s services, you must complete the relevant registration form depending on if you are a buyer or seller, pay any applicable registration fees, and submit proof of identity if required (driver’s license or other government issued identification), copies of current licenses and/or registrations required during registration (these licenses must be kept up to date, and expiration of any relevant licenses may constitute a suspension of membership), and any other relevant documents required by CUD during the registration process. AS NOTED ABOVE, IT IS THE RESPONSIBILITY AND OBLIGATION OF THE MEMBER/USER TO MAINTAIN AND KEEP UP TO DATE ALL RELEVEANT REGISTRATION INFORMATION, LICENSES, AND ANY OTHER DOCUMENTS REQUIRED BY CUD DURING REGISTRATION. THE EXPIRATION OR FAILURE TO PROVIDE OF ANY SUCH RELEVANT LICENSES, INFORMATION, OR DOCUMENTS MAY RESULT IN THE SUSPENSION OR DISCONTINUANCE OF YOUR MEMBER/USER ACCOUNT THROUGH CUD. FAILURE TO COMPLY WITH KEEPING THE INFORMATION UP TO DATE (NOT EXPIRED) PROHIBITS THE INDIVIDUAL OR PARTY FROM USING CUD’S SERVICE.
Registration fees or any other relevant fees incurred from CUD are subject to be changed at the discretion of CUD. If any changes or additions are made in regard to CUD’s fees, they will become effective after three (3) business day’s notice by emailing all members the updated/amended/additional fees.
Fees and Services
CUD charges a 5% service fee for all vehicles/products bought from CUD and all vehicles/products bought on the CUD site.
Transactional fees vary based upon payment method selected at checkout and those fees are transactional fees are applied by Paypal (Credit Card transactions) or other relevant financial institutions for completing the transaction on CUD’s site. These fees are not instituted or collected by CUD, and they are solely charged based upon the transaction institution’s policies, rates, and fees.
Payment for the vehicle/product is due within 72 hours of receipt of acceptance of the offer/buy it now. If payment is not made in this timely manner, the transaction will be not be finalized and the vehicle may be relisted on CUD.
Any fees related to the purchasing of vehicles or products from CUD are subject to be changed at the discretion of CUD. If any changes or additions are made in regard to CUD’s fees, they will become effective after three (3) business day’s notice by posting the amended fees in this agreement.
NOTICE- Sellers may charge additional fees for purchased vehicles (e.g. storage fees) and other associated fees that are not included in CUD’s fees. IT IS THE SOLE RESPONSIBILITY OF THE MEMBER/USER TO VERIFY WITH THE SELLER IF THERE ARE ANY SUCH FEES IN RELATION TO THE PURCHASING OF A VEHICLE. CUD has no control over seller fees, however failure to pay required seller fees may result in suspension or termination of your CUD account.
Unless explicitly stated otherwise, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with CUD sites, services, and applications with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and any other legal actions that would be appropriate for collection). In addition, you may be restricted from using CUD sites, services, and applications and your Member/User account may be suspended until full payment is made.
Member Institutions’ Warranties
All Member Institutions that register an account on CUD are responsible and accountable for all the following warranties and disclaimers. Member institutions warrant that all vehicles/products submitted for listing on CUD are accurately depicted in all descriptions, images, and any other materials that are provided to CUD. Further, all member institutions are responsible for disclosing all relevant disclosures required by law to the potential buyers on CUD related to any vehicle/product the member institution submits for listing on CUD. Member institutions will abide by all state and federal laws in regard to the advertising, offering, and selling of vehicles/products on CUD. Member institutions are responsible for providing CUD a picture of the title of the vehicle/product, and member institutions warrant to CUD that the member institutions have the proper ownership and legal right to list the vehicle/product for sale on CUD. Member institutions are responsible for shipment/delivery of the title and any other relevant transactional documents to the purchaser once the transaction has been completed on CUD. Member institutions must ship/deliver the title and relevant documents within 72 hours after completion of the transaction and receipt of payment. Member institutions warrant that all vehicles/products submitted for listing on CUD are offered to the seller “AS-IS.”
Member institutions warrant that all vehicles/products submitted to CUD will be purchased through the CUD site, with the exception of occurrences in which the prospective purchaser did not see the listing advertised on CUD or any affiliated website. CUD reserves the right to disassociate, delete listings, or refuse listings from any member institutions at their full discretion. A violation of these terms of service or a bad faith effort to disrupt the services of CUD will provoke a swift response from CUD that includes, but is not limited to the termination of the institution’s membership and the deletion of any listings on CUD’s site.
Disclaimers to Users and User’s Warranties to CUD
The Member Institution that listed the vehicle property on Credit Union Deals is selling this property “AS-IS” with no warranty of merchantability or any other expressed or implied warranty with respect to this or any other vehicle exhibited on www.credituniondeals.com.
The credit union or financial institution repossessed this vehicle/product; consequently Credit Union Deals possesses limited knowledge of the vehicle or its condition. The member institution is responsible for any questions or inquiries regarding the listings on CUD’s site. Vehicles shown on the Credit Union Deals web site, www.credituniondeals.com, are available for inspection at the discretion of Credit Union Deals (availability will vary based on financial institution).
The condition of the vehicle may not be accurately reflected in the photographs exhibited on www.credituniondeals.com; however, the member institutions warrant to CUD that all vehicles/products submitted for listing on CUD are accurately depicted in all descriptions, images, and any other materials provided to CUD.
Credit Union Deals reserves the right to reject all offers during the listing process. Offers do not constitute a final sale. Sales are not final until they have been accepted by CUD. The decision to award an offer and the final sale price are at the discretion of Credit Union Deals and the listing member institution. Transactions are not final and vehicles/products are not available for pickup or delivery until full payment has been made. Payment for the vehicle/product is due within 72 hours of receipt of acceptance of the offer.
Delivery or pick up of vehicles/products purchased on CUD is the SOLE responsibility of the purchaser. Purchaser has 72 hours to arrange delivery/pickup after the completion of the transaction (after payment has been received). CUD may list or link delivery services on the site to assist Users/Purchasers in obtaining a delivery service, but CUD does not make any warranties or guarantees for any third party delivery services.
Not an Auctioneer or Auction Firm
You acknowledge that CUD is not a traditional auctioneer. CUD is a service provider that provides a venue to allow sellers (financial institutions) to offer and buyers to purchase vehicles and other products. CUD is not involved in the actual transaction between buyers and sellers. We do not transfer legal ownership of items from the seller to the buyer. Any information provided by CUD regarding shipping of vehicles or any other guidance we provide in our sites, services, and applications is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (ex. that a delivery service is quicker/less expensive). This information is solely provided to you as guidance information to help our members in the buying/selling process, but CUD HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY, OR LEGALITY OF ITEMS ADVERTISED; THE TRUTH OR ACCURACY OF USERS’ CONTENT OR LISTINGS; THE ABILITY OF SELLERS TO SELL ITEMS; THE ABILITY OF BUYERS TO PAY FOR ITEMS; OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
Governing Law and Submission to Arbitration
The laws of the State of Alabama will govern these Terms of Service, without giving effect to any principles of conflicts of laws. The parties agree that transaction(s) involve, and substantially affect interstate commerce, and that all claims asserted by any party shall solely be brought through arbitration either by filling the appropriate petition with the American Arbitration Association or another certified arbitration process. You agree that any action arising out of the Terms of Service or your use of the Service shall be submitted to and resolved only by binding arbitration instead of litigation. Both parties agree to share equally in the entire cost of conducting the arbitration, including the fees of the Arbitrator. The Federal Arbitration Act and federal arbitration law apply to arbitration under this Agreement. The parties agree that a party will bring all claims in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither party will be entitled to join or consolidate claims in arbitration. Except as expressly provided herein, the arbitration shall be conducted in accordance with applicable rules and procedures established by the American Arbitration Association. One arbitrator shall be appointed in accordance with the Arbitration Rules (the “Arbitrator”). Any result reached by the Arbitrator shall be final and binding on all parties to the arbitration, and no appeal may be taken. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered thereupon by any court having jurisdiction.
Links to Third Party Sites or Services
No Agency or Partnership
These Terms of Service do not intend to create an agency, partnership, joint venture, employee-employer, or any other legal union between CUD and Member/User.
Member/User agrees to indemnify, hold harmless, and defend CUD and associated parties from and against any and all damages, liabilities, actions, cause of action, suits, claims, demands, losses, costs and expenses (including reasonable attorney’s fees, disbursements, and court costs) incurred by any of the CUD parties arising from or in connection with (1) your use of or reliance on the service, service content, any information, websites, services, or materials contained, displayed or available therein; (2) your violation of these Terms of Service; (3) any activities relating to your account (including the deactivation or suspension of your account/membership); (4) any user content provided by you to CUD; and/or (5) your violation of any rights of any third party (including other members and third party contributors to CUD or CUD’s site). WE RESERVE THE RIGHT TO ASSUME AT YOUR EXPENSE THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION.
Member/User agrees to indemnify, hold harmless, and defend CUD against any third-party action, suit or proceeding (“Claim”) and any loss, damages or costs incurred with regard to same (“Losses”).
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SERVICE, IS AT YOUR OWN RISK, AND THAT ALL SUCH ACCESS AND ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CUD DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES OR MATERIALS ON OR ACCESSED VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUD DOES NOT REPRESENT OR WARRANT THAT (I) ANY OF THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT (AND CUD IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SERVICE OR SERVICE CONTENT), (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE OR SERVICE CONTENT WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY VEHICLE OR CONTENT OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THIS SERVICE OR SERVICE CONTENT WILL BE CORRECTED. FURTHER, CUD DOES NOT MAKE ANY WARRANTIES REGARDING THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THIS SERVICE, THE INTERNET, COMPUTER HARDWARE OR SOFTWARE, OR ANY INTERNET ACCESS PROVIDER, TO SEND OR RECEIVE ANY ELECTRONIC TRANSMISSION. MOREOVER, WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS, CUD MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL CUD OR ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “CUD PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITE, SERVICES OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.