Costco Auto Program Website Terms and Car Service Agreement

PLEASE READ THE FOLLOWING CAREFULLY.

The Costco Auto Program is managed in the United States by Affinity Auto Programs, Inc., operating as “Costco Auto Program” (“CAP”, “we”, “us” or “our”), an independent entity not affiliated with Costco Wholesale Corporation (“Costco”).

This document outlines the terms and conditions (the “Agreement”) governing your use (“you”, “your”) of our website (“Website”). This applies whether you are exploring our site to learn about our services or providing information to participate in the Costco Auto Program or other website activities.

By accessing our Website as a Visitor (defined below), you confirm your agreement to these Terms and Conditions. For access to specific services or sections of the Website, you may be required to explicitly acknowledge your acceptance of this Agreement by clicking “Accept.” Failure to do so will restrict your access to those areas.

THIS AGREEMENT SIGNIFICANTLY LIMITS THE LIABILITY OF COSTCO AUTO PROGRAM, DISCLAIMS CERTAIN WARRANTIES, GRANTS YOU A LIMITED LICENSE TO USE OUR WEBSITE, AND GIVES COSTCO AUTO PROGRAM CONTROL OVER THE INFORMATION YOU CHOOSE TO PROVIDE. ALL PERSONAL INFORMATION SUBMITTED IS ALSO GOVERNED BY 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.

1. Assistance and Feedback

For website assistance or to provide feedback, please contact us at 1-877-500-1470. We are here to help you navigate our Car Service And related offerings and ensure a smooth experience on our platform.

2. Agreement Updates

We reserve the right to modify these terms and conditions at any time without prior notice. It is your responsibility to periodically review this page for updates to the Agreement. Changes become effective immediately upon posting on the Website. Your continued use of the Website following these changes signifies your acceptance of the revised Agreement.

3. Definitions

To ensure clarity, please familiarize yourself with the following definitions used throughout this Agreement, especially as they pertain to our car service and offerings:

“Agent” refers to any individual who submits Personal Information to the Costco Auto Program on behalf of another person. This might be relevant when assisting someone with their car service and related inquiries.

“CAP Service(s)” encompasses the range of services and benefits provided by the Costco Auto Program. These services may include referrals to participating CAP dealers for car service and vehicle purchases, dealer parts and service coupons to enhance your car service and maintenance experience, authorization numbers for OEM promotions, and other benefits related to car service and vehicle ownership.

“Data” includes all records, documents, data, and information collected by CAP regarding Guest usage of CAP Services. This encompasses information from Guests, Agents, Participating Dealers, and OEMs. Data includes non-Personal Information about vehicle purchases (like make, model, year, purchase date, and price) and Personal Information about Guests, all crucial for providing effective car service and related programs.

“Guest” denotes an individual who provides information to the Costco Auto Program to utilize CAP Services. A Guest may browse the Website as a Visitor at other times without requesting a car service and or disclosing personal details. Guests may provide Personal Information directly or through an Agent.

“OEM” stands for Original Equipment Manufacturer, referring to vehicle manufacturers who partner with the Costco Auto Program to offer car service and related benefits.

“Personal Information” includes all data about an identifiable individual, such as name, email, phone number, address, geolocation, demographics (postal code, gender, age), contact details, Costco membership number, and vehicle purchase information. This data, whether provided by a Guest, Agent, Visitor, Participating Dealer, or OEM, is essential for personalizing your car service and experience. Vehicle purchase details may include the VIN, model year, purchase date, price, MSRP, and lease capital cost.

“Visitor” describes anyone who accesses the publicly available sections of our Website without requesting CAP Services or providing information. Visitors can explore public areas without accounts or personal submissions. However, by using the Website, Visitors agree to all terms and conditions of this Agreement. Visitors cannot utilize CAP Services or access Data, limiting their interaction primarily to information gathering about car service and the program.

Please note that CAP collects and stores your IP address as detailed in our Privacy Policy. This is part of our standard practice to enhance website security and user experience for all visitors interested in car service and related information.

4. Purpose of Website Access

Your access to the Website is granted for the purpose of: (i) obtaining information and, where applicable, uploading, downloading, creating, and contributing to Data related to your request to participate in CAP Services, either for yourself or someone you represent, and (ii) enabling CAP to generate and review reports on your activities or those of Guests you represent, as permitted by CAP. This access is intended to facilitate your engagement with our car service and related programs and ensure efficient service delivery. Once Data is received by CAP, it becomes part of a CAP-owned database. Personal Information within this Data is managed according to the CAP Privacy Policy.

5. Your Warranties and Representations to CAP

By using this Website, especially in relation to car service and data input, you warrant and represent the following to CAP:

1. If you represent an organization, such as a dealership involved in car service and sales, that organization has a legally compliant privacy policy and designated individuals responsible for personal information handling, including your actions.
2. Your Website access and any Data modification, addition, or deletion concerning any Guest does not violate any contract, law, or infringe upon intellectual property, privacy, or other legal rights. This is crucial when handling sensitive data related to car service and customer information.
3. If you are an Agent, your Website access is solely to fulfill your Agent duties. Any other use is prohibited. As an Agent, your access is limited to what is reasonably necessary to assist individuals in using CAP Services, such as those related to car service and vehicle acquisition.
4. You are fully aware of and agree to comply with the terms and conditions of this Agreement.

6. Compliance with Rules and Regulations

You agree to adhere to all rules, requirements, and regulations established by CAP, as outlined in this Agreement. These rules apply to all Website use and Data access, whether you are a Guest, Visitor, or Agent, ensuring a consistent and secure environment for all users interested in car service and program details.

You confirm that:

1. You are at least 18 years of age.
2. You possess the legal authority to enter into this agreement and to use the Website in compliance with all terms and conditions stated herein.

7. Privacy Commitment

We prioritize your privacy. Personal information is collected, used, and disclosed as described in our Privacy Policy available at www.costcoauto.com/privacy. By using the Website, you consent to these data practices for purposes detailed in our Privacy Policy, all designed to protect your information while providing car service and related assistance.

8. Your Ongoing Agreement

You agree to the following conditions throughout your Website use:

1. Your Website access is solely for the purposes stated in this Agreement. You will not allow unauthorized access, especially to individuals under 18 unless continuously supervised by you. This ensures responsible use of our platform, particularly concerning car service and sensitive information.
2. You are using this Website to assess your interest in using CAP Services, including those related to car service and vehicle programs.
3. If you are an Agent, your access is strictly limited to performing your Agent role. Any other use is prohibited, ensuring focus on legitimate car service and assistance tasks.
4. If you are a Visitor or Guest, you may access the Website and download content for personal, non-commercial use only. This allows you to learn about our car service and offerings for personal purposes.
5. Whenever you interact with the Website, you will comply with:
   1. All applicable laws, including privacy laws.
   2. Acceptable-use policies and other policies implemented by us regarding Website use.
   3. Other rules, policies, and procedures communicated to you.

9. Prohibited Activities

You are prohibited from using the Website for any unlawful purpose or any purpose not permitted by this Agreement. This includes activities that could compromise the integrity of our car service and platform or user experience.

Specifically, and without limiting other prohibitions, you must not:

1. Use the Website in any way that could damage, disable, overburden, or impair it or interfere with others’ Website use.
2. Engage in harassment via any means, including offensive language in emails or chats.
3. Impersonate others, including CAP employees or Website users.
4. Upload, distribute, or publish any content that is defamatory, obscene, threatening, illegal, or otherwise objectionable, or that could encourage illegal activity or violate rights. This is crucial to maintain a respectful and lawful environment for all users seeking car service and information.
5. Upload commercial content or solicit users to join other online services or organizations.
6. Bypass or disable any security measures on the Website or related systems.
7. Use the Website or related hardware/software for cryptocurrency mining.
8. Collect content or information from CAP or users via automated means (bots, spiders, scrapers) without our explicit permission. This protects our data and ensures fair access to car service and related content.

10. Relationship Definition

By using the Website or submitting personal information, you agree that your relationship with CAP is not:

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

This clarifies that your interaction is as a user of our car service and platform under these Terms and Conditions.

11. Access Withdrawal for Cause

This Agreement grants privileges, not rights. CAP has sole discretion to determine if you have breached any term of this Agreement. Any privileges may be revoked, suspended, or terminated at any time without notice. This ensures our ability to maintain the integrity and security of our car service and platform.

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, you use the Website at your own risk. CAP is not liable for any loss or damages, except as expressly stated in this Agreement, even if caused by CAP’s negligence. This is a standard clause in agreements of this nature, applicable to all online services including car service and platforms.

13. Disclaimer of Warranties

COSTCO AUTO PROGRAM DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS LIKE VIRUSES. 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. WE MAKE NO WARRANTY OF NON-INFRINGEMENT OR REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF DATA ACCESSED VIA THE WEBSITE. This disclaimer is crucial for any online platform, including those offering car service and related information.

CAP strives for accuracy but does not guarantee the information on the Website, including the availability of CAP Services locally or nationally.

14. Limitation of Damages

You agree that COSTCO AUTO PROGRAM WILL NOT BE LIABLE FOR ANY DAMAGES, and IN NO EVENT WILL COSTCO AUTO PROGRAM BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM WEBSITE OR CAP SERVICE USE (OR INABILITY TO USE). THIS INCLUDES DAMAGES FROM TORT, CONTRACT, OR ANY CAUSE OF ACTION, INCLUDING LOSS OF DATA, BREACH OF PRIVACY, INTELLECTUAL PROPERTY INFRINGEMENT, OR DEFAMATION, EVEN IF CAP WAS ADVISED OF POTENTIAL DAMAGES. This limitation of liability is common in service agreements, including those for car service and online platforms.

15. Exceptions to Disclaimers and Limitations

THIS AGREEMENT DOES NOT EXCLUDE OR LIMIT CAP’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CAP’S NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION, OR ANY LIABILITY THAT CANNOT BE LEGALLY EXCLUDED.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

16. Further Disclaimer Regarding Data

Except as per the Privacy Policy, CAP does not guarantee continuous Data access. CAP may interrupt or terminate Data access at any time without notice or liability. Data access is a privilege, not a right. CAP may modify, change, delete, or share Data with Costco Wholesale, Participating Dealers, and OEMs as deemed appropriate. Other parties may also access and modify Data. CAP is not responsible for your reliance on Data, highlighting the dynamic nature of information related to car service and programs.

17. Events Beyond Our Control

CAP is not liable for performance failures or delays caused by events outside our reasonable control. Our obligations are suspended during such events, with a time extension for performance. We will strive to resolve such events or find alternative solutions, ensuring minimal disruption to your car service and experience.

18. Enforcement and Legal Compliance

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

19. Admissibility of Computer Records

Computer records maintained by CAP regarding Data, the Website, and your access are considered conclusive evidence of your interactions. These records are securely stored and deemed reliable for verifying your activities related to car service and website use.

20. Injunctive Relief

You agree that any breach of this Agreement may cause irreparable harm to CAP, entitling CAP to immediate injunctive relief without needing to prove damages. This is to protect CAP’s interests in maintaining its car service and platform integrity.

21. Indemnification

You agree to indemnify and hold CAP harmless from any damages resulting from your breach of warranties, representations, or any terms of this Agreement. This protects CAP from liabilities arising from your misuse of the website in relation to car service and other offerings.

22. Ownership and Limited License

The Website, its design, organization, software, content (text, images, artwork, video, audio, etc.), are owned by CAP or licensed to CAP, and protected by copyright and proprietary rights. This encompasses all aspects of our car service and information platform.

CAP grants you a non-exclusive, revocable, limited license to download and view Website content on your computer for the purposes defined in this Agreement, and no other purposes.

23. Feedback and Suggestions

If you provide feedback or suggestions regarding the Website, CAP Services, or related offerings (“Feedback”):

1. Feedback is not confidential or proprietary.
2. CAP is free to use any ideas, techniques, or intellectual property in your Feedback without attribution or compensation. CAP may independently develop similar updates or improvements to its car service and platform.
3. CAP is not obligated to use or distribute your Feedback.

24. Assignment

CAP may assign this Agreement to any affiliate or third party at any time. You may not assign this Agreement, ensuring CAP maintains control over its car service and program terms. This Agreement is personal between you and CAP.

25. Termination

CAP may terminate this Agreement at any time, with or without notice, at its sole discretion. You cannot terminate this Agreement. CAP may enforce this Agreement against you and, if applicable, your employer or organization. This clause ensures CAP can manage access to its car service and platform effectively.

26. Entire Agreement

This Agreement constitutes the entire agreement between you and CAP, superseding any prior agreements or understandings.

27. Links to Other Websites

You acknowledge that: (i) CAP has no control over linked websites; (ii) CAP does not endorse linked websites; and (iii) CAP is not liable for the content or services of linked websites. Links are provided for convenience only, and you access them at your own risk. Linked sites may have different terms of use and privacy policies. These links might be related to car service and information, but we are not responsible for their content.

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

28. Website Modifications and Updates

CAP may add, remove, or modify Website features, CAP Services, and content at any time without notice or liability. These modifications may enhance our car service and offerings or platform functionality.

29. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Delaware. You agree to the exclusive jurisdiction of Delaware courts for any disputes. Website use in jurisdictions that do not enforce these terms is unauthorized.

30. Severability

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

31. Copyright and Trademark Notices

All Website content is Copyright © Affinity Auto Programs, Inc. Third-party trademarks are used with permission. All rights are expressly reserved. This protects the intellectual property related to our car service and platform and content.