Understanding the Terms: Programs to Get a Car Through Costco Auto Program

PLEASE READ THE FOLLOWING CAREFULLY.

The Costco Auto Program, managed by Affinity Auto Programs, Inc. (referred to as “Costco Auto Program”, “CAP”, “we”, “us” or “our”), which is separate from Costco Wholesale Corporation (“Costco”), provides a service to help you find and potentially get a car. This document outlines the agreement (“Agreement”) governing your use of our website (“Website”), whether you are simply exploring our services or providing information to participate in the Costco Auto Program or other website activities.

By using our Website as a Visitor, you confirm your agreement to these terms. Accessing certain services or website sections may require explicit confirmation of your agreement by clicking “Accept.”

THIS AGREEMENT SIGNIFICANTLY LIMITS THE LIABILITY OF COSTCO AUTO PROGRAM, DISCLAIMS WARRANTIES, GRANTS A LIMITED WEBSITE LICENSE, AND CONTROLS THE INFORMATION YOU SHARE. ALL PERSONAL INFORMATION IS ALSO SUBJECT TO THE COSTCO AUTO PROGRAM’S PRIVACY POLICY https://www.costcoauto.com/privacy.aspx. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR PROVIDE ANY PERSONAL INFORMATION.

Navigating the Costco Auto Program Website: Key Terms and Conditions

To ensure you have a clear understanding of your rights and responsibilities when using our Website to explore Programs To Get A Car, we have detailed the terms and conditions in this agreement. Please review them carefully.

1. Need Help or Have Feedback?

For website assistance or to provide feedback, please contact us at 1-877-500-1470. Your input is valuable as we continuously improve our programs to get a car and the user experience on our platform.

2. Agreement Updates

We may modify this Agreement periodically without prior notice. It is your responsibility to review this page regularly for updates. Changes become effective immediately upon posting on the Website. By continuing to use the Website after changes are posted, you agree to the revised terms.

3. Key Definitions

To clarify the terms used throughout this Agreement, please refer to the following definitions:

“Agent”: An individual providing Personal Information to the Costco Auto Program on behalf of someone else, assisting them in programs to get a car.
“CAP Service(s)”: Services offered by the Costco Auto Program, including referrals to participating dealers, service coupons, OEM promotion authorization, and other benefits related to programs to get a car.
“Data”: All information collected by CAP related to Guest use of CAP Services, including vehicle purchase details (make, model, year, date, price), Guest Personal Information, and related details. This data helps us improve programs to get a car.
“Guest”: An individual who submits information to the Costco Auto Program to participate in CAP Services, potentially exploring programs to get a car. A Guest might browse the Website as a Visitor without requesting services. They may provide Personal Information directly or through an Agent.
“OEM”: Original Equipment Manufacturer (car manufacturer).
“Personal Information”: Any information identifying an individual, such as name, email, phone number, address, location, demographics, contact details, Costco membership number, and vehicle purchase information. This information is crucial for facilitating programs to get a car effectively.
“Visitor”: Anyone browsing the public sections of our Website without requesting CAP Services. Visitors can access public information without account creation or personal information submission but agree to this Agreement by using the Website. Visitors cannot utilize CAP Services or access Data.

We also archive your IP address as detailed in our Privacy Policy.

4. Website Access Purpose

Access to this Website is granted to:

Allow you to find information and interact with Data for purposes related to participating in CAP Services, whether for yourself or someone you are authorized to represent, helping them in programs to get a car.
Enable CAP to generate and review reports on your activities or those of Guests you represent, as permitted by CAP.

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

5. Your Assurances to Costco Auto Program

By using this Website, you assure CAP that:

If acting for an organization (like a dealership), that organization has a legally compliant privacy policy and designated individuals responsible for personal information handling, including your actions.
Your Website access and Data interactions do not violate any contracts, laws, or rights, including intellectual property and privacy rights.
If you are a legitimate Agent, your Website access is solely for your Agent role, assisting individuals in utilizing CAP Services and programs to get a car. Any other use is prohibited.
You are aware of and agree to comply with this Agreement’s terms and conditions.

6. Rule and Regulation Compliance

You agree to adhere to all rules and regulations set by CAP, as outlined in this Agreement and updated periodically. These rules apply to all Website use and Data access, whether you are a Guest, Visitor, or Agent, ensuring responsible participation in programs to get a car.

You confirm that:

You are at least 18 years old.
You have the legal authority to enter this Agreement and use the Website according to its terms and conditions.

7. Privacy Commitment

We value your privacy. Personal information collection, use, and disclosure are governed by our Privacy Policy, available at www.costcoauto.com/privacy. By using the Website, you consent to these practices for purposes described in the Privacy Policy, which are essential to providing effective programs to get a car.

8. Your Ongoing Agreement

You agree that at all times:

Your Website access is solely for the purposes stated in this Agreement. You will not allow unauthorized access, especially to individuals under 18 without continuous supervision.
You are using the Website to decide whether to utilize CAP Services and programs to get a car.
If you are an Agent, your access is limited to your role, assisting others with CAP Services and programs to get a car. Unauthorized use is prohibited.
If you are a Visitor or Guest, you may download Website content for personal, non-commercial use only.
Whenever you interact with the Website, you will comply with:
1. All applicable laws, including privacy laws.
2. Acceptable-use and other policies implemented by us and posted on the Website.
3. Other rules, policies, and procedures communicated to you.

9. Prohibited Activities

You will not use the Website for unlawful purposes or those prohibited by this Agreement.

Specifically, you are prohibited from:

Using the Website in a way that could damage, disable, or impair it or interfere with others’ enjoyment.
Engaging in harassment, including offensive language, via any communication medium on the Website.
Impersonating CAP employees, representatives, or other Website users.
Distributing defamatory, obscene, threatening, illegal, or otherwise objectionable content.
Uploading commercial content or soliciting users for other online services or organizations.
Circumventing security measures or access controls of the Website.
Using the Website for cryptocurrency mining.
Collecting content or information from CAP or other users through automated means (bots, spiders, scrapers) without permission.

10. Nature of Relationship

Using the Website or submitting personal information does not create:

An employment relationship.
A business partnership or joint venture.
A consulting relationship.
A legal agency relationship between you and CAP.

11. Access Termination

This Agreement grants privileges, not rights. CAP has sole discretion to determine Agreement breaches and may revoke, suspend, or terminate your access at any time without notice if you misuse the Website in ways not intended for programs to get a car.

12. Waiver of Liability

You acknowledge the inherent risks of internet and website use, 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 due to negligence, except as legally required.

13. Disclaimer of Warranties

THE COSTCO AUTO PROGRAM DOES NOT GUARANTEE ERROR-FREE WEBSITE OPERATION OR FREEDOM FROM HARMFUL CONTENT LIKE VIRUSES. THE WEBSITE, CONTENT, DATA ACCESS, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST LEGAL EXTENT, COSTCO AUTO PROGRAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY OF NON-INFRINGEMENT OR REGARDING DATA ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS ACCESSED VIA THE WEBSITE, especially related to specific programs to get a car.

While we aim for accuracy, CAP does not warrant the accuracy of Website information, including CAP Service availability.

14. Limitation of Liability

You agree that COSTCO AUTO PROGRAM is not liable for any damages, and IN NO EVENT WILL COSTCO AUTO PROGRAM BE LIABLE FOR indirect, general, special, economic, consequential, EXEMPLARY, or punitive damages from Website or CAP Service use (or inability to use), whether in tort, contract, or other action. This includes damages from service availability, data loss, computer damage, privacy breaches, intellectual property infringement, defamation, or any other damages, even if CAP was advised of potential damages related to your efforts to explore programs to get a car.

15. Exceptions to Disclaimers and Limitations

This Agreement does not limit CAP’s liability for death or personal injury from our negligence, fraud, misrepresentation, or matters we cannot legally exclude.

Some jurisdictions do not allow limitations on certain warranties or liabilities, so some limitations above may not apply to you.

16. Further Disclaimer

Except as in the Privacy Policy, CAP is not obligated to provide Data access on a pre-agreed or any basis. We may interrupt or terminate Data access anytime without notice or liability. Data access is a privilege, not a right. CAP can modify, change, delete, or share Data with Costco, dealers, and OEMs as deemed appropriate. Third parties may also access and alter Data. CAP is not liable for your reliance on Data regarding programs to get a car.

17. Events Beyond Our Control

CAP is not liable for performance failures or delays caused by events outside our reasonable control. Our performance is suspended during such events, with a time extension for performance. We will attempt to resolve such events to fulfill our obligations.

18. Enforcement and Compliance

CAP’s Agreement obligations are subject to all laws and regulations. This Agreement does not negate our duty to comply with law enforcement requests related to your Website use or information provided.

19. Evidence Admissibility

Computer records maintained by CAP regarding Data, Website use, and your access are admissible as evidence of your conduct and interactions. These records are securely stored if systematically recorded on durable media or, if alterable, proven unaltered.

20. Injunctive Relief

You agree that Agreement breaches may cause irreparable harm to CAP. Therefore, CAP is entitled to immediate injunctive and equitable relief against you without notice or proof of damages.

21. Indemnification

You agree to indemnify and hold CAP harmless from damages resulting from your breach of warranties or any Agreement term. This protection is vital as you utilize our platform for programs to get a car.

22. Ownership and License

The Website, its design, software, and all content (text, images, etc.) are owned or rightfully used by CAP and protected by copyright and proprietary rights.

CAP grants you a limited, revocable, non-exclusive license to view Website content on your computer for Agreement-stated purposes only. This license is specifically for exploring programs to get a car and understanding the related terms.

23. Feedback Submission

By providing feedback about the Website, CAP Services, or programs to get a car, you agree that:

Feedback is not confidential or proprietary.
CAP may use feedback ideas without attribution or compensation for any purpose, including Website or service improvements.
CAP is not obligated to use or distribute your feedback.

24. Agreement Assignment

CAP may assign this Agreement to affiliates or third parties anytime. You cannot assign this Agreement; it remains personal between you and CAP.

25. Termination Clause

CAP may terminate this Agreement at any time, with or without notice. You cannot terminate this Agreement. It remains in effect unless terminated by CAP, who can enforce its provisions against you and, if applicable, your organization.

26. Complete Agreement

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

27. External Website Links

You acknowledge that: (i) CAP has no control over linked websites, (ii) expresses no opinion on their content or performance, and (iii) is not liable for their content or services. Links are for convenience only, not endorsements. Use linked sites at your own risk, subject to their terms and privacy policies, which may differ from ours when exploring programs to get a car through external sites.

You may link to our homepage (www.costcoauto.com) but not use our logos without written consent or suggest endorsement.

28. Website Modifications

We may modify Website features, CAP Services, and content (functionality, look, URLs, software) without notice or liability, as we continually refine our programs to get a car and website experience.

29. Governing Law and Jurisdiction

This Agreement is governed by Delaware law. Disputes will be resolved in Delaware courts, to whose jurisdiction you submit. Website use in jurisdictions not upholding these terms is unauthorized.

30. Severability

If any Agreement term is unenforceable, it will be severed, but the remaining terms remain valid and enforced.