Costco Auto Program Website Terms and Conditions: Navigating Your Online Auto Buying Journey

Updated as of: Feb 2019

PLEASE READ THE FOLLOWING CAREFULLY.

The Costco Auto Program is facilitated online through our Website. Understanding the terms and conditions is crucial when you engage in activities related to Auto Buy Online, even if indirectly through services providing information and connections to dealerships. This document outlines the agreement between you, the user, and Affinity Auto Programs, Inc., doing business as “Costco Auto Program” (“CAP”, “we”, “us” or “our”), concerning your use of our Website, which is designed to assist you in the auto buy online process by connecting you with participating dealerships and providing related services. It is important to note that Costco Auto Program is an independent entity from Costco Wholesale Corporation (“Costco”).

This Agreement (“Agreement”) governs your use of our website (“Website”). Whether you are simply exploring or actively using our services for your auto buy online research or process, these terms apply. By using the Website, you, as a “Visitor” or “Guest”, confirm your agreement to these terms. Accessing specific services or sections of the Website may require explicit confirmation of your agreement by clicking “Accept.” If you do not agree, you will not be able to access or use those sections, limiting your ability to fully utilize the resources related to auto buy online available through our platform.

THIS AGREEMENT SIGNIFICANTLY LIMITS THE LIABILITY OF COSTCO AUTO PROGRAM AND INCLUDES DISCLAIMERS OF CERTAIN WARRANTIES. IT ALSO GRANTS YOU A LIMITED LICENSE TO USE THE WEBSITE AND GIVES COSTCO AUTO PROGRAM CONTROL OVER THE INFORMATION YOU PROVIDE. FURTHERMORE, ALL PERSONAL INFORMATION YOU PROVIDE IS SUBJECT TO THE COSTCO AUTO PROGRAM’S PRIVACY POLICY, AVAILABLE AT https://www.costcoauto.com/privacy.aspx. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE REFRAIN FROM USING THE WEBSITE OR PROVIDING ANY PERSONAL INFORMATION.

1. Help and Feedback

For any assistance with the Website or to provide feedback, particularly regarding your experience with auto buy online services through our platform, please contact us at 1-877-500-1470. Your input is valuable as we strive to improve your auto buy online journey.

2. Agreement Modifications

This Agreement is subject to change. We may modify these terms and conditions periodically without prior notice. It is your responsibility to review this page regularly to understand the current terms. Changes become effective immediately upon posting on the Website. Therefore, when considering auto buy online options and using our Website, ensure you are familiar with the latest version of this Agreement.

3. Key Definitions

To ensure clarity regarding your interaction with our Website, especially in the context of auto buy online services, please review the following definitions:

“Agent”: Refers to someone providing Personal Information to the Costco Auto Program on behalf of another individual. This could be relevant in auto buy online scenarios where someone is assisting another person with their vehicle purchase.

“CAP Service(s)”: Encompasses all services and benefits offered by the Costco Auto Program. These services, crucial for informed auto buy online decisions, may include referrals to participating dealers, parts and service coupons, or authorization numbers for OEM promotions.

“Data”: Includes all information collected by CAP related to a “Guest’s” use of any “CAP Service”. This includes non-Personal Information about vehicle purchases (like make, model, year, purchase date, and price), Personal Information, and other related details. Data collection is essential for improving services related to auto buy online experiences.

“Guest”: An individual who submits information to the Costco Auto Program to utilize CAP Services. Guests are often exploring options to auto buy online and use our Website to gather information. A Guest may initially browse the Website as a “Visitor” before requesting specific services. Guests may provide Personal Information directly or through an “Agent.”

“OEM”: Stands for Original Equipment Manufacturer (the vehicle manufacturer). OEM incentives and programs can be a key factor in auto buy online deals and are often accessible through CAP Services.

“Personal Information”: Covers all identifiable individual information, including name, email, phone number, address, geolocation, demographic details (like postal code, gender, and age), contact information, Costco membership number, and certain vehicle purchase information. This data, whether from a Guest, Agent, Visitor, Participating Dealer, or OEM, is handled with care as you navigate auto buy online opportunities.

“Visitor”: Anyone browsing the public areas of our Website without requesting CAP Services. Visitors can access general information relevant to auto buy online research without submitting personal details. However, by using the Website, Visitors still agree to these terms. A Visitor cannot use CAP Services directly or access Data, limiting their engagement with the full auto buy online process facilitation we offer.

Please note that CAP logs and stores your IP address as detailed in our Privacy Policy. This is part of standard practice for websites facilitating services related to areas like auto buy online.

4. Purpose of Website Access

Your access to the Website is granted for specific purposes: (i) to obtain information and manage Data related to your requests to participate in CAP Services, whether for yourself or someone you represent. This is particularly relevant as you explore options to auto buy online and seek information to make informed decisions. (ii) to allow CAP to generate and review reports on your activities or those of Guests you represent, as permitted by CAP. Once submitted to CAP, Data becomes part of our owned database. Personal Information within this Data is handled according to our Privacy Policy.

5. Your Warranties and Representations to CAP

By using this Website, especially when engaging in activities related to auto buy online, you warrant and represent the following to CAP:

1. If you are acting on behalf of an organization, like a dealership, you confirm that the organization has a legally compliant privacy policy and designated individuals responsible for personal information handling. This is crucial in the context of facilitating auto buy online transactions.
2. Your Website access and any Data modification does not violate any contract, law, duty, or infringe on intellectual property, privacy, or other rights. This is particularly important when handling information related to potential auto buy online purchases.
3. If you are a legitimate “Agent,” your access is solely to perform your role as an Agent. Any other use is prohibited. As an Agent, your access is limited to what is reasonably necessary to assist individuals in using CAP Services, potentially for auto buy online processes.
4. You are aware of and agree to comply with this Agreement’s terms and conditions. Understanding these terms is essential before using our Website for auto buy online research or service access.

6. Rule and Regulation Compliance

You agree to adhere to all rules, requirements, and regulations set by CAP. These are currently outlined in this Agreement and apply to all Website use and Data access, whether you are a Guest, Visitor, or Agent. This ensures a safe and compliant environment for all users, including those exploring auto buy online options.

You confirm that:

1. You are at least 18 years of age.
2. You have the legal authority to enter into this Agreement and use the Website as per these terms and conditions. This legal capacity is necessary to engage with services related to auto buy online through our platform.

7. Privacy Commitment

We are committed to protecting your personal privacy. We collect, use, and disclose personal information as detailed in our Privacy Policy at www.costcoauto.com/privacy. By using the Website, you consent to these data practices, which are designed to support and enhance your experience with services, including those related to auto buy online.

8. Your Ongoing Agreement

You agree to the following conditions throughout your use of the Website, especially when considering auto buy online services:

1. Your Website access is solely for the purposes stated in this Agreement. You will not allow unauthorized access, especially by individuals under 18 unless continuously supervised by you.
2. You are using the Website to determine if you wish to use CAP Services, potentially in relation to your auto buy online needs.
3. If you are an “Agent,” your access is strictly limited to your role, assisting others with CAP Services. Unauthorized use is prohibited.
4. If you are a “Visitor” or “Guest,” you may download Website content for personal, non-commercial use only. This could include information relevant to your auto buy online research.
5. Your interactions with the Website will always comply with:
   1. All applicable laws, including privacy laws.
   2. Acceptable-use policies and other policies we implement, available on the Website.
   3. Other rules and procedures we communicate 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 is crucial to maintain the integrity of the platform and ensure a safe environment for users exploring auto buy online options.

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

1. Use the Website in a way that could damage, disable, overburden, or impair it or interfere with others’ use.
2. Engage in harassment, including offensive language via email or chat, as determined by us.
3. Impersonate others, including CAP employees or Website users.
4. Upload or distribute defamatory, obscene, threatening, illegal, or otherwise objectionable content, or content that infringes on rights or encourages unlawful acts.
5. Upload commercial content or solicit users to join other online services or organizations.
6. Bypass or disable any security measures or access control technologies on the Website.
7. Use the Website for cryptocurrency mining.
8. Collect content or information from CAP or other users via automated means (like bots or scrapers) without our permission. This is to protect the data and integrity of our platform, especially concerning information related to auto buy online services.

10. No Formal Relationship

Using the Website or submitting personal information does not create any of the following relationships between you and CAP:

1. Employment relationship
2. Business partnership or joint venture
3. Consulting relationship
4. Legal agency relationship

This clarifies that your engagement with the Website, even for auto buy online related services, is governed by this Agreement and does not constitute any formal business relationship beyond these terms.

11. Access Withdrawal for Cause

This Agreement grants privileges and permissions, not rights. CAP has sole discretion to determine if you have breached any part of this Agreement. Any privileges may be revoked, suspended, or terminated at any time without notice. This ensures CAP can maintain the integrity and security of the Website and its services, including those related to auto buy online.

12. Waiver of Liability

You acknowledge the inherent risks of using the internet and websites, 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 losses or damages, except as expressly stated in this Agreement, even if caused by CAP’s negligence, unless explicitly stated otherwise within this agreement. This is a standard clause for online services, including those facilitating aspects of auto buy online.

13. Disclaimer of Warranties

COSTCO AUTO PROGRAM DOES NOT GUARANTEE 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 ANY WARRANTIES. 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, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF DATA ACCESSED VIA THE WEBSITE.

While CAP strives for accuracy and up-to-date information, we do not guarantee the accuracy of Website information, including the availability of CAP Services in your area. This is particularly important to understand when using the Website for research related to auto buy online.

14. Limitation of Damages

YOU AGREE THAT COSTCO AUTO PROGRAM WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, RESULTING FROM WEBSITE USE OR INABILITY TO USE IT OR ANY CAP SERVICE. THIS INCLUDES DAMAGES FROM SERVICE AVAILABILITY ISSUES, DATA LOSS, COMPUTER DAMAGE, PRIVACY BREACHES, INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, OR ANY OTHER DAMAGES, EVEN IF CAP WAS ADVISED OF POTENTIAL DAMAGES. This limitation of liability is a crucial aspect of the agreement when using the website for any purpose, including exploring auto buy online options.

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, FRAUDULENT MISREPRESENTATION, OR ANY LIABILITY THAT CANNOT BE LEGALLY EXCLUDED.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. This ensures compliance with jurisdictional laws and protections for users, even when engaging with services related to auto buy online.

16. Further Disclaimer Regarding Data

Except as detailed in the Privacy Policy, CAP does not guarantee continuous or uninterrupted access to Data. CAP may interrupt or terminate Data access at any time without notice or liability. Data access is a privilege, not a right. CAP can modify, change, delete, or share Data with Costco Wholesale, Participating Dealers, and OEMs as it sees fit, subject to privacy policies and laws. Other parties may also access and modify Data. CAP is not responsible for your reliance on Data. This is important to understand when using the Website for information gathering related to auto buy online.

17. Events Beyond Our Control

CAP is not liable for failures or delays in performing obligations under this Agreement caused by events outside our reasonable control. Our performance is suspended during such events, and we will have an extended period for performance. We will make reasonable efforts to resolve such events or find alternative solutions. This is a standard clause for unforeseen circumstances that may affect service delivery, including those related to auto buy online facilitation.

18. Enforcement and Compliance

CAP’s obligations under this Agreement are subject to all applicable laws and regulations. This Agreement does not undermine CAP’s duty to comply with law enforcement requests or legal requirements related to your Website use or information provided. This ensures that all operations, including those related to auto buy online services, are conducted legally and ethically.

19. Evidentiary Use of Computer Records

Computer records stored securely by CAP regarding Data and Website access will be accepted as conclusive evidence of your interactions. Secure storage includes durable, unalterable media or alterable media with proof of no alteration. This is important for maintaining a verifiable record of transactions and interactions, including those related to auto buy online processes.

20. Injunctive Relief

You agree that breaches of this Agreement may cause irreparable harm to CAP, not fully compensable by damages alone. CAP is entitled to immediate equitable, injunctive, and similar relief against you without notice or proof of specific damages. This protects CAP’s interests in maintaining website integrity and service availability, including services related to auto buy online.

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 user actions, including misuse of the platform in the context of auto buy online activities.

22. Ownership and Limited License

The Website, its design, software, and all content (including text, images, and multimedia) are owned or licensed by CAP and protected by copyright and other proprietary rights.

CAP grants you a non-exclusive, revocable, limited license to download and view Website content on your computer for the purposes outlined in this Agreement and no other purposes. This license is for personal use and does not extend to commercial exploitation, even in contexts related to auto buy online businesses.

23. Feedback and Suggestions

If you provide feedback or suggestions regarding the Website or CAP Services, including ideas for improving the auto buy online experience, you agree that:

1. Feedback is not confidential or proprietary.
2. CAP is free to use any ideas in your feedback without attribution or compensation.
3. CAP is not obligated to use your feedback.

By providing feedback, you contribute to the potential improvement of services, including those related to auto buy online, without any expectation of ownership or compensation for your suggestions.

24. Assignment of Agreement

CAP may assign this Agreement to any affiliate or third party at any time. You may not assign this Agreement or any rights granted to you. This Agreement remains personal between you and CAP. This clause allows CAP flexibility in business operations without affecting your obligations under the Agreement.

25. Termination of Agreement

CAP may terminate this Agreement at any time, with or without notice, at its sole discretion. You may not terminate this Agreement. This Agreement remains in effect unless terminated by CAP, who can enforce all provisions against you and, if applicable, your employing organization. This ensures CAP’s control over website access and service provision, including services related to auto buy online.

26. Entire Agreement

This Agreement constitutes the entire understanding between you and CAP, superseding all prior agreements and communications. This ensures that this document is the definitive source of terms governing your relationship with CAP regarding Website use and services, including those related to auto buy online.

27. Links to Other Websites

You acknowledge that: (i) CAP has no control over linked websites; (ii) CAP does not endorse or evaluate 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. This is a standard disclaimer regarding third-party links, relevant even when exploring auto buy online options through our platform.

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

28. Website Modifications and Updates

CAP may, without notice or liability, modify the Website, CAP Services, and any content, including features, functionality, and URLs. These modifications are at CAP’s discretion to improve and evolve the platform and services, including those related to auto buy online.

29. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Delaware. Any disputes will be adjudicated in Delaware courts, and you expressly submit to their jurisdiction. Use of the Website in jurisdictions that do not uphold these terms is unauthorized. This clause establishes the legal framework for the Agreement and any disputes arising from it, regardless of the user’s location when accessing services, including those related to auto buy online.

30. Severability

If any term of this Agreement is found unenforceable by a court, that term will be removed, but the remaining terms will remain valid and enforced. This ensures that the Agreement remains effective even if specific clauses are deemed invalid.

31. Copyright and Trademark Notices

All Website content is Copyright © Affinity Auto Programs, Inc. Third-party trademarks are used with permission and are the property of their respective owners. All rights are expressly reserved. This protects the intellectual property of CAP and respects the rights of third-party trademark holders, maintaining legal compliance and protecting brand assets related to the Costco Auto Program and its services.