Understanding the Costco Auto Program Website Terms and Conditions

Navigating the world of auto services and information online requires understanding the fine print. As a user of the Costco Auto Program website, it’s crucial to be aware of the terms and conditions that govern your access and usage. This document outlines the agreement between you and Costco Auto Program (“CAP”), operated by Affinity Auto Programs, Inc., and clarifies your rights and responsibilities when using their website. Whether you are browsing for information or actively engaging with the program, understanding these terms is essential to ensure a smooth and informed experience, especially when considering services related to your vehicle and potentially, car part accessories in the future.

Navigating the Agreement: Help and Updates

Should you need any support while using the website or wish to provide feedback, the Costco Auto Program team is available to assist you. You can reach them at 1-877-500-1470 for help and inquiries.

It’s important to note that the terms of this agreement are subject to change. Costco Auto Program reserves the right to modify these terms and conditions periodically without prior notice. Therefore, users are advised to revisit this page regularly to review the most current version of the agreement and stay informed of any updates. Revisions become effective immediately upon being posted on the website.

Key Definitions: Understanding the Terminology

To ensure clarity throughout this agreement, several terms are specifically defined:

Agent: Refers to an individual who provides Personal Information to the Costco Auto Program on behalf of someone else. This could be someone assisting another person in accessing the program’s services.

CAP Service(s): Encompasses the range of services and benefits offered by the Costco Auto Program. This might include referrals to participating dealerships, parts and service coupons, authorization numbers for OEM promotions, and other related services designed to enhance your auto experience.

Data: Includes all information collected by CAP related to a user’s interaction with CAP Services. This encompasses both Personal Information and non-Personal Information, such as vehicle purchase details (make, model, year, purchase date, price) and user-related data.

Guest: An individual who submits information to the Costco Auto Program to utilize one or more CAP Services. A Guest might initially visit the website as a Visitor before deciding to engage with specific services. They may provide Personal Information directly or through an Agent.

OEM: Stands for Original Equipment Manufacturer, referring to the companies that originally manufacture vehicles and potentially related parts.

Personal Information: Covers all data that can identify an individual. This includes name, email address, phone number, home address, location data, demographic details (like postal code, gender, age), contact information, Costco membership number, and vehicle purchase information. This information can be provided by Guests, Agents, Visitors, Participating Dealers, or OEMs.

Visitor: Anyone who browses the publicly accessible areas of the Costco Auto Program website without requesting CAP Services or submitting personal information. Visitors can explore general information but cannot access CAP Services or request Data. By using the website, Visitors also agree to the terms and conditions outlined in this agreement.

It’s also important to be aware that CAP collects and stores your IP address, as detailed in their Privacy Policy.

Purpose of Website Access and Data Handling

The Costco Auto Program provides website access to enable users to obtain information and interact with Data for purposes directly related to participating in CAP Services. This includes uploading, downloading, and contributing to Data when requesting services for themselves or someone they are authorized to represent. CAP also utilizes this access to generate and review reports on user activities.

Once Data is submitted to CAP, it becomes part of their owned database. Any Personal Information within this Data is managed according to the CAP Privacy Policy.

User Warranties and Representations to CAP

By using the website, you make certain warranties and representations to Costco Auto Program:

If you are acting on behalf of an organization, such as a dealership, you confirm that the organization has a legally compliant privacy policy and designated individuals responsible for handling personal information.
Your website access and data interactions do not violate any contracts, laws, or infringe upon intellectual property, privacy, or other legal rights.
If you are an Agent, your website access is strictly for fulfilling your role as an Agent, assisting others with CAP Services. Any other use is prohibited.
You acknowledge and agree to adhere to all terms and conditions of this Agreement.

Compliance with Rules and Regulations

Users of the Costco Auto Program website, whether Guests, Visitors, or Agents, are expected to comply with all rules, requirements, and regulations set forth by CAP, including those outlined in this Agreement.

Furthermore, users confirm that:

They are at least 18 years of age.
They possess the legal authority to enter into this agreement and use the website in accordance with its terms and conditions.

Privacy Policy Agreement

Costco Auto Program respects user privacy and handles personal information according to their Privacy Policy, available on their website. By using the website, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy. It’s recommended to review this policy to understand how your data is managed.

User Agreement Details

As a user, you agree to the following conditions at all times:

Your website access is solely for the purposes stated in this Agreement and for your own use. You will not share access with unauthorized individuals or minors unless under your direct supervision.
You are using the website to determine your interest in utilizing CAP Services.
If you are an Agent, your access is limited to your role in assisting others with CAP Services.
If you are a Visitor or Guest, you are allowed to access the website and download content for personal, non-commercial use only.
Your interactions with the website will always comply with:
- Applicable laws, including privacy regulations.
- Acceptable-use policies and other guidelines implemented by CAP and made available on the website.
- Other rules and procedures communicated by CAP.

Prohibited Activities: Maintaining Website Integrity

To ensure a secure and positive environment for all users, certain activities are strictly prohibited on the Costco Auto Program website. These include:

Using the website in any way that could damage, disable, or impair its functionality or interfere with other users’ experience.
Engaging in harassment, including offensive language in any form of communication.
Impersonating CAP employees, representatives, or other website users.
Uploading or distributing defamatory, obscene, threatening, abusive, illegal, or otherwise objectionable content.
Uploading commercial content or soliciting users for other online services or organizations.
Bypassing or disabling security measures or access control technologies.
Using the website for cryptocurrency mining.
Collecting content or information from CAP or other users through automated means (bots, spiders, scrapers) without explicit permission.

Relationship Definition: No Partnership

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

Employment relationship
Business partnership or joint venture
Consulting relationship
Legal agency relationship

Access Withdrawal: Cause and Discretion

This agreement grants privileges and permissions, not rights. CAP reserves the absolute right to determine if a user has breached any part of this Agreement. Access privileges can be revoked, suspended, or terminated by CAP at any time, without notice, at their sole discretion.

Waiver of Liability: User Responsibility

Users acknowledge the inherent risks of using the internet and websites, including potential 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, except as expressly stated in this agreement, even if caused by negligence, within the bounds of applicable law.

Disclaimer of Warranties: “As Is” Service

COSTCO AUTO PROGRAM PROVIDES THE WEBSITE AND DATA “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES. They do not guarantee error-free operation or freedom from harmful content like viruses. CAP disclaims all conditions and warranties, express or implied, including merchantability and fitness for a particular purpose, to the fullest extent permitted by law. They make no warranty regarding non-infringement, accuracy, reliability, completeness, or timeliness of data accessed through the website. While CAP aims for accuracy, they do not guarantee the information on the website, including the availability of CAP Services.

Limitation of Damages: Scope of Liability

COSTCO AUTO PROGRAM IS NOT LIABLE FOR DAMAGES ARISING FROM WEBSITE USE OR CAP SERVICES. This includes indirect, special, consequential, or punitive damages, whether in contract, tort (including negligence), or any other legal basis. This limitation covers service availability, data loss, computer damage, privacy breaches, intellectual property infringement, defamation, and any other damages, even if CAP was advised of potential damages, within the bounds of applicable law.

Exceptions to Disclaimers and Limitations

This agreement does not exclude or limit CAP’s liability for death or personal injury caused by their negligence, fraud, fraudulent misrepresentation, or any liability that cannot be legally excluded. Jurisdictional laws may affect the applicability of some disclaimers and limitations.

Further Disclaimer: Data Access and Control

Except as outlined in the Privacy Policy, CAP does not guarantee continuous data access. They may interrupt or terminate data access at any time without 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 they see fit, subject to privacy policies and laws. CAP is not responsible for third-party actions regarding Data or user reliance on Data accuracy.

Events Outside of CAP’s Control

Costco Auto Program is not responsible for failures or delays in their obligations due to events beyond their reasonable control. In such cases, their performance is suspended for the duration of the event, with a corresponding extension of time for performance. CAP will make reasonable efforts to resolve such events or find alternative solutions.

Enforcement and Legal Compliance

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

Evidence and Record Keeping

Computer records maintained by CAP regarding Data, the website, and user access are accepted as conclusive evidence of user conduct and interactions. These records are considered secure if systematically stored on durable, unalterable media or, if alterable, with proof of no alteration.

Injunctive Relief and Legal Remedies

Breaching this agreement may cause irreparable harm to CAP. Therefore, CAP is entitled to immediate injunctive relief and other equitable remedies against users in breach, without needing to prove damages.

Indemnification Agreement

Users agree to indemnify and hold CAP harmless from any damages resulting from breaches of user warranties, representations, or any terms of this Agreement.

Ownership and Limited License Grant

The website, its design, software, and all content (text, images, etc.) are owned or rightfully used by CAP and protected by copyright and intellectual property laws. CAP grants users a limited, non-exclusive, revocable license to download and view website content on their computers solely for the purposes defined in this Agreement and for no other reason.

Feedback and Suggestions

Any feedback or suggestions provided by users regarding the website, CAP Services, or related offerings become the property of CAP. CAP is free to use any ideas or concepts in user feedback without any obligation or compensation to the user. CAP is not obligated to use or implement any feedback.

Agreement Assignment and Transfer

CAP can assign this Agreement to any affiliate or third party at any time. Users cannot assign this Agreement or their rights under it. The agreement remains personal between the user and CAP.

Termination Rights

CAP can terminate this Agreement at any time, with or without notice, at their discretion. Users cannot terminate this agreement. The agreement remains in effect unless terminated by CAP, who can enforce all provisions against users and, if applicable, their associated organizations.

Entire Agreement and Scope

This Agreement constitutes the complete understanding between users and CAP, superseding any prior agreements or understandings.

External Links and Third-Party Sites

CAP is not responsible for the content or performance of websites linked to or from their site. Links are provided for convenience and do not imply endorsement. Users access linked sites at their own risk and are subject to those sites’ terms of use and privacy policies. Linking to the Costco Auto Program website is permitted only to the homepage, and requires written approval to use logos, and must not suggest endorsement or affiliation.

Website Modifications and Updates

CAP may modify or update the website, CAP Services, and related content at any time without notice or liability. This includes adding or removing features and changing functionality.

Governing Law and Jurisdiction

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

Severability Clause

If any part of this Agreement is deemed unenforceable by a court, that part will be removed, but the rest of the Agreement will remain valid and enforceable.