Costco Auto Program: Understanding the Terms and Conditions

This document outlines the terms and conditions governing your use of the Costco Auto Program website. Operated by Affinity Auto Programs, Inc., doing business as “Costco Auto Program” (referred to as “CAP”, “we”, “us”, or “our”), an independent entity not affiliated with Costco Wholesale Corporation, this agreement details your rights and responsibilities as a user.

By accessing our website, whether as a casual visitor or to utilize the Costco Auto Program services, you acknowledge and agree to be bound by these terms. For certain services or website sections, explicit confirmation via an “Accept” button may be required.

Crucially, this agreement includes limitations on Costco Auto Program’s liability, disclaimers of warranties, and grants a limited license for website use. Your personal information is also governed by our Privacy Policy https://www.costcoauto.com/privacy.aspx. If you disagree with these terms, please refrain from using the website or providing any personal information.

Navigating the Costco Auto Program Website

Help and Feedback

For website assistance or feedback, please contact us at 1-877-500-1470.

Agreement Updates

These terms and conditions may be updated periodically without prior notice. Users are advised to review this page regularly for the latest version. Revisions become effective immediately upon posting on the website.

Key Definitions

To ensure clarity, here are definitions of important terms used throughout this agreement:

  • Agent: An individual providing Personal Information to the Costco Auto Program on behalf of someone else.
  • CAP Service(s): Services or benefits offered by the Costco Auto Program, including dealer referrals, parts and service coupons, OEM promotion authorizations, and other offerings.
  • Data: All information collected by CAP related to Guest usage of CAP Services, including vehicle purchase details (make, model, year, price, date), Guest Personal Information, and related data from Guests, Agents, Participating Dealers, or OEMs.
  • Guest: An individual who submits information to the Costco Auto Program to utilize CAP Services. Guests may also visit the website as Visitors without requesting services.
  • OEM: Original Equipment Manufacturer.
  • Personal Information: Any identifiable individual’s data, including name, email, phone number, address, geolocation, demographics, contact details, Costco membership number, and vehicle purchase information.
  • Visitor: An individual browsing public areas of the website without requesting CAP Services or submitting personal information. Visitors agree to these terms by using the website but cannot access CAP Services or Data.

CAP also collects and stores your IP address as detailed in our Privacy Policy.

Purpose of Website Access

Website access is granted for:

  1. Obtaining information and interacting with Data (uploading, downloading, creating) related to requesting CAP Services for yourself or someone you represent.
  2. Allowing CAP to generate and review reports on your activities or those of Guests you represent.

Data submitted to CAP becomes part of a CAP-owned database. Personal Information within Data is managed according to the CAP Privacy Policy.

User Warranties and Representations

By using this website, you warrant and represent the following to CAP:

  1. If acting for an organization, it has a legally compliant privacy policy and designated individuals responsible for personal information handling.
  2. Your website access and Data interactions do not violate any contracts, laws, or rights.
  3. If you are an Agent, website access is solely for Agent duties related to CAP Services, and any other use is prohibited.
  4. You are aware of and agree to comply with this Agreement’s terms and conditions.

Compliance with Rules and Regulations

You agree to adhere to all rules, requirements, and regulations set by CAP, as outlined in this Agreement and updated periodically. These apply to all website usage and Data access, regardless of whether you are a Guest, Visitor, or Agent.

You confirm that:

  1. You are at least 18 years of age.
  2. You have the legal authority to enter this agreement and use the website as per these terms.

Privacy Policy

We prioritize your privacy. Personal information collection, usage, and disclosure are governed by our Privacy Policy, available at www.costcoauto.com/privacy. By using the website, you consent to these data practices.

User Agreement and Acceptable Use

Scope of Agreement

You agree to the following conditions at all times:

  1. Website access is solely for the purposes defined in this Agreement. Unauthorized access or access by individuals under 18 (unless supervised) is prohibited.
  2. Website use is to determine interest in utilizing CAP Services.
  3. Agents’ website access is restricted to fulfilling Agent duties related to CAP Services.
  4. Visitors and Guests may download website content for non-commercial, personal use only.
  5. All website interactions will comply with:
    1. Applicable laws, including privacy regulations.
    2. Acceptable-use policies and other CAP policies posted on the website.
    3. Other rules and procedures communicated by CAP.

Prohibited Activities

Using the website for unlawful purposes or activities prohibited by this Agreement is forbidden.

Specifically, and without limitation, you must not:

  1. Use the website in a way that could damage, disable, or impair its functionality or interfere with others’ use.
  2. Engage in harassment, including offensive language in any communication.
  3. Impersonate CAP employees, representatives, or other website users.
  4. Upload or distribute defamatory, obscene, threatening, illegal, or otherwise objectionable content.
  5. Upload commercial content or solicit users for other online services.
  6. Circumvent security measures or access control technologies.
  7. Use the website for cryptocurrency mining.
  8. Collect content or information from CAP or users via automated means (bots, spiders, scrapers) without permission.

No Formal Relationship

Website use or personal information submission does not establish:

  1. An employment relationship.
  2. A business partnership or joint venture.
  3. A consulting relationship.
  4. A legal agency relationship.

Liability and Disclaimers

Access Revocation

This Agreement grants privileges, not rights. CAP reserves the sole discretion to determine breaches of this Agreement and may revoke, suspend, or terminate website access at any time without notice.

Waiver of Liability

You acknowledge the inherent risks of internet and website usage, including system failures and malicious activities. While CAP takes reasonable security measures, website use is at your own risk. CAP is not liable for losses or damages unless expressly stated in this Agreement, even if caused by negligence, except as prohibited by law.

Disclaimer of Warranties

THE COSTCO AUTO PROGRAM DOES NOT GUARANTEE ERROR-FREE WEBSITE OPERATION OR FREEDOM FROM HARMFUL CONTENT LIKE VIRUSES OR TROJANS. THE WEBSITE, ITS CONTENT, DATA ACCESS, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COSTCO AUTO PROGRAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY OF NON-INFRINGEMENT IS MADE. COSTCO AUTO PROGRAM DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF DATA ACCESSED VIA THE WEBSITE.

CAP strives for information accuracy but does not guarantee the accuracy of website content, including CAP Service availability.

Limitation of Damages

YOU AGREE THAT COSTCO AUTO PROGRAM IS NOT LIABLE FOR ANY DAMAGES, AND IN NO EVENT WILL BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM WEBSITE OR CAP SERVICE USE (OR INABILITY TO USE), REGARDLESS OF THE CAUSE OF ACTION (CONTRACT, TORT, NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, SERVICE AVAILABILITY, DATA LOSS, COMPUTER DAMAGE, PRIVACY BREACHES, INTELLECTUAL PROPERTY INFRINGEMENT, OR DEFAMATION, EVEN IF ADVISED OF POTENTIAL DAMAGES.

Exceptions to Disclaimers and Limitations

This Agreement does not exclude or limit CAP’s liability for death or personal injury caused by negligence, fraud, misrepresentation, or matters that cannot be legally excluded.

Some jurisdictions may not allow limitations on implied warranties or liability exclusions, so some of these limitations may not apply to you.

Further Disclaimer Regarding Data

Except as stated in the Privacy Policy, CAP may provide access to review Data on a reasonable basis but is not obligated to do so. CAP can interrupt or terminate Data access at any time without liability. Data access is a privilege, not a right. CAP may modify, delete, share Data with Costco Wholesale, Participating Dealers, and OEMs as deemed appropriate, subject to privacy policies and laws. Third parties may also access and modify Data. CAP is not responsible for your reliance on Data.

Events Beyond Control

CAP is not liable for performance failures or delays caused by events outside reasonable control. Performance is suspended during such events, with extended performance time granted. Reasonable efforts will be made to resolve such events.

General Legal Terms

Enforcement and Governing Law

CAP’s obligations are subject to applicable laws. This Agreement does not override CAP’s duty to comply with law enforcement requests.

This Agreement is governed by Delaware law, and disputes will be resolved in Delaware courts. Website use in jurisdictions not upholding these terms is unauthorized.

Evidence and Indemnity

CAP’s secure computer records regarding Data and website access are conclusive evidence of your interactions. You indemnify CAP against damages resulting from your breach of warranties or this Agreement.

Ownership and Limited License

The website’s design, organization, software, content, and materials are owned or licensed by CAP and protected by copyright and proprietary rights.

A non-exclusive, revocable license is granted to download and view website content on your computer for Agreement-defined purposes only.

Feedback and Assignment

Feedback submitted to CAP is not confidential and may be used without attribution or compensation. CAP may develop similar updates independently. CAP is not obligated to use submitted feedback.

CAP may assign this Agreement at any time. You may not assign this Agreement.

Termination and Entire Agreement

CAP may terminate this Agreement at any time. You cannot terminate it. This Agreement remains in effect unless terminated by CAP, who can enforce it against you and any organization you represent.

This Agreement constitutes the entire understanding between you and CAP, superseding prior agreements.

Links to Other Websites

CAP is not responsible for linked website content or performance and provides links for convenience only, not as endorsements. Use linked sites at your own risk, subject to their terms and privacy policies.

Linking to the Costco Auto Program website is permitted only to the homepage (www.costcoauto.com). Using CAP logos or suggesting endorsement is prohibited without written approval.

Modifications and Updates

CAP may modify or update website features, services, and content without notice or liability.

Severability

If any provision of this Agreement is unenforceable, it will be severed, but the remaining provisions will remain valid.

Copyright and Trademark

Website content is Copyright © Affinity Auto Programs, Inc. Third-party trademarks are used with permission. All rights reserved.

This revised document provides a more structured and readable version of the original terms and conditions while maintaining all critical legal information. It is optimized for SEO by naturally incorporating relevant keywords and focusing on user understanding. The language is slightly less dense than the original legal document to improve user experience and readability for an English-speaking audience.

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