Updated as of: May 20, 2021
We, and service providers acting on our behalf may collect “Personal Information”, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. The types of Personal Information we collect may vary depending on your use of the various features and programs available on the CAP Site from time to time. We may collect and process the following information:
Using the other pieces of Personal Information collected about you, we may draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, attitudes and behavior.
We may collect or receive Personal Information from the following sources:
We use the information we collect about and from you for a variety of business purposes, including:
We may share your Personal Information for purposes described at the time you provide your information, or with other parties as follows:
You have a number of choices about how we handle information we collect or receive about you.
If you reside in California, you have the right to ask us once each year if we have shared personal information with third parties for their own marketing purposes. To make a request, please send us an email at privacyrequests@CostcoAuto.com. Please mark your inquiries “California Shine the Light Request.
If you are a California resident, in addition to any rights and choices described above, you may also make the following more specific requests regarding your Personal Information:
We will not discriminate against you because you exercised any of the above rights.
California residents can exercise these rights online by clicking here or by calling us at 877-722-4559. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.
We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the Personal Information and whether you have an account with us.
You may designate an authorized agent to make a request on your behalf. When submitting the request, please ensure the authorized agent is identified as an authorized agent.
We may communicate with you regarding any matter related to the Costco Auto Program via mail, via telephone or via electronic communications, including via email to the email address you provide, via text message to the mobile phone you provide, or via the CAP Site.
To opt-out of receiving text messages, please follow the instructions in the body of the text message. Note that in order for you to receive communications via text message, you must maintain, at your own cost, a mobile device capable of sending and receiving text messages. Message and data rates may apply to each text message sent and received in connection with the Costco Auto Program. Please see your wireless provider to review your wireless plan details.
We take information security seriously and use certain reasonable security measures designed to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the CAP Site and provide us with your information at your own risk.
The CAP Site may contain links to other websites or online services that are operated and maintained by Costco or third parties, and that are not under the control of or maintained by CAP.
Updated as of: Feb 2019
PLEASE READ THE FOLLOWING CAREFULLY.
The Costco Auto Program is operated in the United States by Affinity Auto Programs, Inc., doing business as “Costco Auto Program” (“CAP”, “we”, “us” or “our”), which is an independent company, not an affiliate of Costco Wholesale Corporation (“Costco”).
This document sets out those terms and conditions (the "Agreement") under which we allow you ("you", "your") to use our website ("Website"), whether you do so just to find out about us and our services or to provide us with information in order to participate in the Costco Auto Program or in any other activities through the Website.
If you are visiting our Website as a Visitor (see below for definitions), your use of the Website confirms that you agree to this Agreement. To access other services or parts of the Website, you may have to confirm that you have read, accepted and agreed to this Agreement by clicking on "Accept" or you will not be able to view or use those portions of the Website.
1. Help and feedback
If you require assistance using the Website or wish to provide us with feedback, please call us at 1-877-500-1470
2. Agreement May Change
We may change any of the terms or conditions of this Agreement from time to time without notice. You should revisit the Website periodically to review the terms and conditions of the then-current Agreement. Any revisions to this Agreement are effective once posted on or accessible from or through the Website.
Many of the words and phrases in this Agreement have specific meanings so we have provided those for you to read:
“Agent” means any person who provides Personal Information to the Costco Auto Program in any manner on behalf of another individual.
“CAP Service(s)” means any one or more of the services or benefits offered by the Costco Auto Program from time to time; which may include a referral to a participating CAP dealer, issuance of a dealer parts and service coupon, or issuance of an authorization number to register to participate in an OEM promotion or any other service or benefit offered by the Costco Auto Program.
"Data" means any and all records, documents, data and information collected by CAP related to any Guest’s use of any CAP Service from a Guest, an Agent, a Participating Dealer or an OEM; including, without limitation, certain non-Personal Information about vehicle purchases (such as a vehicle make, the vehicle model and model year, purchase date and price paid or capital cost of lease), Personal Information related to Guests, and related matters.
“Guest” means an individual who submits information to the Costco Auto Program to participate in one of more of the CAP Services. A Guest may access the Website as a Visitor on a different occasion without disclosing information or requesting a CAP Service. A Guest may provide certain Personal Information personally and/or directly, or they may use instruct an Agent or representative to do so.
"OEM" an original equipment manufacturer.
"Personal Information" means all information about an identifiable individual; including, without limitation, name, email address, telephone number, home address, geolocation, demographic information (such as postal code, gender and age), contact information, Costco membership number, and certain information about vehicle purchases whether provided by a Guest, Agent, Visitor Participating Dealer or OEM (such as the vehicle purchase agreement or a vehicle sales file which may include the vehicle identification number, model and model year, purchase date, price paid or capital cost of lease, MSRP and invoice price).
“Visitor” means anyone who visits the publicly available parts of our Website, but who is not asked to provide information related to a request to use one or more of the CAP Services. Visitors can access information from the Website's publicly available areas without creating an account or otherwise submitting information about themselves. However, by using the Website, Visitors agree to accept all of the terms and conditions of this Agreement. A Visitor may not utilize a CAP Service and cannot request to access the Data.
4. Purpose for access
5. Your warranty and representations to CAP
You warrant and represent to CAP as follows:
6. Compliance with rules and regulations
You agree that you will follow all of the rules, requirements and regulations set forth by CAP from time to time. Those rules, requirements and regulations are currently as set out in this Agreement. These rules, requirements and regulations will apply to any use of the Website and access to the Data and will apply to you whether you are a Guest, Visitor or Agent.
You agree and confirm that:
8. Your agreement
You agree that at all times:
9. Prohibited Activities
You will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
In addition to, and without limiting, any other prohibitions set out in this Agreement, you may not do any of the following when accessing, using or interacting with the Website:
You agree that by using the Website or by submitting personal information on your own or a Visitor or Guest's behalf, you and CAP are not entering into:
11. Withdrawal of access for cause
This Agreement grants no rights, only privileges and permission. You agree that CAP, in its absolute discretion, will be the sole judge of whether you have breached any provision of this Agreement and that any privileges or permission granted to you under this Agreement may be revoked, suspended or terminated by CAP at any time without notice.
You acknowledge that the Internet and websites accessed by you are inherently dangerous and subject to computer, system and network failure as well as malicious human activity. While CAP will take such steps as are reasonable in the circumstances to maintain the security of this Website and the Data and your privacy and confidentiality with respect to information you provide, you agree that you use this Website completely at your own risk and that in no event shall CAP be held liable for any loss or damages, however caused, except as expressly provided in this Agreement, even if caused by the negligence or reckless behavior of CAP.
THE COSTCO AUTO PROGRAM DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT IT AND ITS SERVER OR SERVERS ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT, DEVICES OR PROGRAMS. THIS WEBSITE AND ITS CONTENT AND MATERIAL, AND ACCESS TO THE DATA, ARE ALL PROVIDED ON AN "AS IS, WHERE IS", AND "AS AND WHEN AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COSTCO AUTO PROGRAM DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE CONDITION OR WARRANTY OF MERCHANTABILITY AND THE CONDITION OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. THE COSTCO AUTO PROGRAM MAKES NO WARRANTY OR REPRESENTATION OF NON-INFRINGEMENT. THE COSTCO AUTO PROGRAM FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DATA ACCESSED BY USE OF THE WEBSITE.
CAP strives to ensure information is accurate and current. However, we make no representations to you about the accuracy of the information contained on the CAP Website. This includes, without limitation, the availability of any CAP Service to you on a local or national basis.
14. Limitation of damages
You further agree THAT THE COSTCO AUTO PROGRAM will not be liable to you for any damages you may suffer and that IN NO EVENT WILL COSTCO AUTO PROGRAM BE LIABLE FOR indirect, general, special, economic, consequential, EXEMPLARY or punitive damages resulting from the use of (or inability to use) this Website or any cap service, whether in tort (including negligence), contract or any other cause of action, including without limitation, for availability of any cap service, loss of data, information or programs, or damage to computers or networks, or from breach of privacy and similar personal rights, or from infringement of intellectual property rights, OR FROM DEFAMATION, LIBEL OR SLANDER, or any other damages whatsoever, whether or not CAP shall have been advised of the possibility of such damages.
15. Exceptions to disclaimers and limitations of damages
THIS AGREEMENT DOES NOT EXCLUDE OR LIMIT CAP’S LIABILITY (IF ANY) FOR DEATH OR PERSONAL INJURY CAUSED BY CAP’S NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION OR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR CAP TO EXCLUDE OR ATTEMPT TO EXCLUDE CAP’S LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, ONE OR MORE OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
16. Further disclaimer of CAP
17. Events Outside our Control
CAP will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control. CAP’s performance will be deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period or such longer period as we may reasonable require. We will use our reasonable efforts to end the event or to find a solution by which our obligations may be performed despite the event.
CAP's performance of its obligations under this Agreement is subject to all applicable laws and regulatory requirements. Nothing contained in this agreement is in derogation of CAP’s rights and obligations to comply with law enforcement requests or requirements relating to your use of the Website or information provided to, or gathered by CAP with respect to such use.
Computer records stored in reasonably secure conditions by CAP with respect to the Data, the Website and your access to them will be accepted as conclusive evidence of your conduct, communications and dealings with the Data and the Website. Computer records will be deemed to be stored in reasonably secure conditions if systematically recorded on a durable and inalterable medium, including a write-protected disk, tape, CD or DVD or similar medium, or, if upon an alterable medium, upon reasonable proof that such record has not been altered.
20. Injunctive and similar relief
You agree that any breach by you of this Agreement will not be fully compensable in damages and you therefore agree that CAP shall be entitled to immediate equitable, injunctive and other similar relief against you without notice and without the necessity of proving damages or the likelihood of damages.
You agree to indemnify and save harmless CAP for any damages sustained should you breach your warranties and representations or any term or condition of this Agreement.
22. Ownership and Grant of limited license
The Website, its organization and design (including all software code and architecture and the look and feel of the Website and its user interfaces), and all information, images, artwork, text, video, audio, pictures and other material and content on the Site, all of which CAP owns or has the right to use, are protected by copyright and other proprietary rights.
CAP grants to you a non-exclusive, limited and revocable license to download and view the content available on this Website on your computer for the purposes stated in this Agreement and no other purposes.
If you send any communications, comments, questions, suggestions, or related materials to us by any method of communication suggesting or recommending changes to the Website, any CAP Service or any product, services or materials offered through the Website or that you would like to see offered through the Website (“Feedback”) then:
CAP may assign this Agreement to any affiliate or any third party at any time. You may not assign this Agreement or any rights or benefits offered to you by CAP. This Agreement shall remain personal between you and CAP.
In its absolute discretion, CAP may terminate this Agreement at any time with or without notice to you. You may not terminate this Agreement or any provision. This Agreement will remain in force between you and CAP unless and until terminated by CAP and CAP may enforce any and all provisions of this Agreement against you, and, if you are an Agent, against any organization you are employed with or on whose behalf you access the Website or the Data.
26. Entire agreement
This is the entire agreement, contract and understanding between you and CAP and supersedes any prior terms and conditions, agreement or understanding between you and CAP.
27. Other sites and Linking
If you wish to provide a link to our Website from your own web site, you may only link to our home page at www.costcoauto.com. You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.
28. Modifications and Updates
We may from time to time add new features to the Website, remove existing features from the Website, or otherwise modify the Website, the CAP Services and any of the products, services and content made available through the Website (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you or any liability to you.
29. Governing law
This Agreement shall in all respects be governed by the laws of State of Delaware. You agree that any and all disputes will be adjudicated by the Delaware courts. You expressly submit to the jurisdiction of such Delaware courts. The use of the Website in any jurisdiction not giving effect to all provisions of these terms and conditions is unauthorized.
Should any term or provision of this Agreement be held by a court of competent jurisdiction to be unenforceable, then such term or provision shall be severed from this Agreement; provided, however, that the remaining provisions terms and provisions of the Agreement shall continue to be valid and enforced.
31. Copyright and trademark notices
All contents of the Website are: Copyright © Affinity Auto Programs, Inc. Other trade-marks of third parties displayed on the Website are the property of such parties, used with permission. All rights are expressly reserved.
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