The Costco Auto Program’s Commitment to Privacy

Updated as of: November 30, 2016

The Costco Auto Program is operated by Affinity Auto Program, Inc. (“CAP”, “we”, “us” or “our”). Affinity Auto Program is an independent company, not an affiliate of Costco Wholesale Corporation (“Costco”). CAP respects your right to privacy and your ability to make informed choices about the uses of your information. This privacy policy (“Privacy Policy”), which is separate from Costco’s privacy policy, describes our policies and practices regarding the collection, use and disclosure of your information as part of the Costco Auto Program and our technology platforms, including, without limitation, our website, mobile application, call center, text and chat communications, interactive features and social media pages (collectively, the “CAP Site”). This Privacy Policy applies to information collected from the CAP Site unless different terms are specified in an online or other form or contract we provide you.

COLLECTION OF INFORMATION
HOW WE USE THE INFORMATION WE COLLECT
SHARING OF INFORMATION
YOUR PRIVACY RIGHTS, CHOICE AND ACCESS
TARGETED ADVERTISING; HOW TO OPT OUT
HOW WE COMMUNICATE WITH YOU
SECURITY OF YOUR INFORMATION
OTHER SITES
CHANGES AND POLICY UPDATES
CONTACT US

1. COLLECTION OF INFORMATION

We may collect and process the following information:

Information You Provide to Us

We may collect “Personal Information”, which is information that identifies an individual or that can be reasonably associated with a specific person or entity, such as name, email address, telephone number, home address, geolocation, demographic information (such as ZIP code, gender and age), contact information, and information about vehicle purchases (such as a vehicle purchase agreement that you give us permission to review). 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 collect and store the Personal Information that you provide us, such as when you:

Request to be referred to a participating CAP dealer to receive member pricing on a desired vehicle or to receive a discount coupon or voucher for parts and service;
Provide other information, such as information about your vehicle preferences (e.g., vehicle make, model and/or your desired vehicle options);
Register at the CAP Site for an OEM promotion or opt-in to receive text messages, emails or other offers or communications;
Contact us for any reason (such as when you speak with a CAP customer service representative); or
Provide feedback by participating in a member survey.

Information We Collect Automatically

Usage Information: When you visit the CAP Site, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how various parts of the CAP Site are accessed and used (“Usage Information”), such as your browser type, device type, operating system, application version, the pages served to you, previous page views, the site from which you linked, the time and date of your visit to the CAP Site, your use of features on the CAP Site and your inquiries. This statistical data helps us understand what is interesting and relevant to users so we can best tailor our content. Usage Information is generally non-identifying, but if CAP associates it with you as a specific and identifiable person, CAP will treat it as Personal Information.
Device Identifiers: We also automatically collect an Internet (IP) address or other unique identifier information (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the CAP Site. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the CAP Site, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your inquiries, and gather broad demographic information for aggregate use.
Cookies and Similar Technologies: We may use cookies, pixel tags and similar technologies to automatically collect information. Cookies are small bits of information that are stored by your Device’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your Device.

We may allow third parties to place and read their own cookies, web beacons, and similar technologies to collect information through the CAP Site. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, analytics and provide you with offers and coupons, including the delivery of targeted advertisements. Depending on the configuration options offered by the operating system, web browser, and other software on your Device, you may be able to decide if and how your Device will accept a cookie by configuring your preferences or options in your Device or web browser. If you choose to refuse, disable, or delete these technologies, some of the functionality of the CAP Site may no longer be available to you.

Information From Other Sources

We may receive additional information about you from other sources and may combine that information with the other information we collect or receive about you. For example, you may choose to participate in a third-party application or social media site through which you allow us to collect (or the third party to share) information about you, including Usage Information and Personal Information. We may also receive information from third-party partners and service providers, including partners and service providers that provide us information that is publicly or commercially available. We may match the information we collect about you through the CAP Site with information collected from such third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you.

2. HOW WE USE THE INFORMATION WE COLLECT

We use the information we collect about and from you for a variety of business purposes, including:

Using your vehicle request and ZIP code to locate a participating dealership in your area for the specific make and model requested;
Responding to your questions and requests;
Providing you with access to certain areas and features of the CAP Site;
Verifying your identity (for example, we use your Costco membership number to verify your membership with Costco and to determine your level of Costco membership to verify the Costco cash card amount you may be entitled to through a promotion);
Sending notice of changes to any policy and/or the CAP Site or research tools;
Tailoring content, advertisements and offers we provide you;
Providing you with market updates and other promotional information. For example, we may send you:
- Information about the participating dealership for the vehicle you requested, including, without limitation, dealership information, an overview of next steps (following your request for dealer information) and CAP benefits;
- Coupons for vehicle parts, service and/or accessories;
- Dealer or manufacturer special offers;
- Notifications to you concerning national or regional exclusive vehicle manufacturer special offers;
- Updates about manufacturer incentives that may be of interest to you based on your prior vehicle requests, industry updates and trends;
- Announcements about new CAP benefits or enhancements; or
- Other special offers or savings opportunities.
Improving the CAP Site and for internal business purposes;
Compiling aggregate statistics about the total number of daily visitors to the CAP Site, the pages most frequently visited and how long visitors stay at each page (this allows us to understand our customer’s needs and to develop products and services to serve those needs); and
As otherwise described to you at the point of collection or pursuant to your consent.

3. SHARING OF INFORMATION

Except as provided below, we will not provide any of your Personal Information to third parties without your specific consent. We may share your information for purposes described at the time you provide your information or with third parties as follows:

Participating Dealerships and Vehicle Manufacturers: We may share your information with participating dealerships and/or vehicle manufacturers so that they can provide you with special offers, promotional materials, and other materials that you request or that we think might be of interest to you. For example, we may share your name, email address, phone number and requested vehicle information (such as make, model and vehicle features) with a participating dealership to help you with the purchase of your vehicle. However, CAP is not responsible for the privacy practices of these participating dealerships and/or vehicle manufacturers, which may use your information for their own purposes.
Costco: We share Personal Information with Costco for customer service, member tracking and satisfaction purposes, and so Costco can communicate with you about other products and services to you that you may be interested in.
Third Parties Providing Services on Our Behalf: We may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate the CAP Site, analyze data, fulfill inquiries or provide customer service; or other third parties that participate in or administer our promotions or provide marketing or promotional assistance.
Other Parties with Your Consent: While on the CAP Site, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party. We are not responsible for any additional information you provide directly to these parties, and we encourage you to become familiar with their privacy practices and policies before disclosing information to them.
Business Transfers: Your information, including Personal Information, may be disclosed or transferred as part of, or during negotiations of, any merger or sale of company assets or acquisition.
Legal Disclosure: We may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier, (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to the CAP Site or the public.
Non-Personal Information: We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties.

4. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS

You have a number of choices about how we handle information we collect or receive about you.

Use of Your Personal Information: You may direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you emails, text messages or other communications by: (i) sending us an email at Talktous@costcoauto.com; (ii) contacting us by mail at Costco Auto Program, 10251 Vista Sorrento Parkway, Suite 300, San Diego, California 92121, Attn: Privacy Policy; or (iii) following the removal instructions in the communication that you receive.
Delete Your Information: In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the CAP Site. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information.
“Do Not Track” Signals: Some web browsers may give you the ability to enable a “do not track” setting. Because these features are not yet uniform, CAP currently does not take action in response to these signals.

5. INTEREST-BASED / TARGETED ADVERTISING; HOW TO OPT OUT

CAP may use third-party network advertisers to serve advertisements and third-party analytics vendors to evaluate and provide us with information about the use of the CAP Site and viewing of our content. We do not share Personal Information with these third parties in connection with serving interest-based or targeted advertisements (unless, of course, you give us permission), but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information. On occasion, we and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the CAP Site and other websites. We may use a variety of companies to serve advertisements.

CAP adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting: the NAI Opt-Out Page and the DAA Opt-Out Page. Please note that even if you choose to remove your information (opt-out), you will still see advertisements while you’re browsing online, including advertisements that are relevant to the content of the webpage or application page on which they are displayed and advertisements that are relevant to your current location. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page and the DAA Opt-Out Page each provide a tool that identifies its member/participating companies that have cookies on your browser and provides a mechanism to opt out of receiving cookies from those companies. Please note that if you opt-out of targeted advertising, we may still track your visits to the CAP Site for our own analytics, operations and security purposes.

6. HOW WE COMMUNICATE WITH YOU

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.

By providing your mobile phone number, you agree to receive text messages at that mobile phone number. 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.

7. SECURITY OF YOUR INFORMATION

We take information security seriously and use certain reasonable security measures 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.

8. OTHER SITES

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.

This Privacy Policy does not apply to Costco’s activity or to any Personal Information you may disclose directly to Costco. We encourage you to review Costco’s privacy policy, available here.

9. CHANGES AND POLICY UPDATES

Please note, we may change information on the CAP Site and/or this Privacy Policy at any time without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy Policy on the CAP Site. CAP will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy. We encourage you to periodically review this page for the latest information on our privacy practices.

10. CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please contact us at: Costco Auto Program, 10251 Vista Sorrento Parkway, Suite 300, San Diego, California 92121, Attn: Privacy Policy.

Again, this CAP privacy policy and practices are separate from Costco’s practices. Please visit Costco’s privacy policy for information about how Costco uses information.

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.

THIS AGREEMENT LIMITS THE LIABILITY OF COSTCO AUTO PROGRAM, DISCLAIMS CERTAIN WARRANTIES, GRANTS YOU A LIMITED LICENSE AND GIVES THE COSTCO AUTO PROGRAM CONTROL OVER THE INFORMATION YOU ELECT TO PROVIDE TO US. ALL PERSONAL INFORMATION PROVIDED BY INDIVIDUALS ALSO BECOMES SUBJECT TO THE COSTCO AUTO PROGRAM'S PRIVACY POLICY https://www.costcoauto.com/privacy.aspx DO NOT USE THE WEBSITE OR PROVIDE US WITH ANY PERSONAL INFORMATION IF YOU DO NOT AGREE TO THESE TERMS,

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.

3. Definitions

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.

Please note that CAP collects and archives your IP address as provided in our Privacy Policy.

4. Purpose for access

You agree that the purpose for our providing you with access to the Website is to (i) allow you to obtain information and (where applicable) upload, download, create, and add to the Data for purposes reasonably connected to a request to participate in one or more of the CAP Services on behalf of yourself or on behalf of another person for whom you have the authority to do so, and (ii) to allow CAP to generate and review reports on your activities, or those of Guests you act on behalf of as may be permitted by CAP from time to time. Once received by CAP, the Data becomes part of a database, which CAP owns. Any Personal Information in the Data will be collected, used and disclosed by CAP pursuant to the CAP Privacy Policy.

5. Your warranty and representations to CAP

You warrant and represent to CAP as follows:

If you act on behalf of an organization, whether a motor vehicle dealership (on behalf of a Guest) or otherwise, that organization has implemented a legally compliant privacy policy and appointed responsible individuals with respect to the collection, use and disclosure of personal information, including by you;
By accessing the Website and/or adding to, deleting or modifying Data with respect to any Guest, you are not breaching any contract, duty or law or infringing anyone's intellectual property, privacy or other legal rights;
If you are a bona fide Agent, as defined in this Agreement, your access to this Website is permitted solely for the limited purpose of carrying out your role as an Agent, and any access or use other than as permitted to an Agent is hereby prohibited. As an Agent, you are permitted to access this Website only to the extent reasonably required to fulfill your obligations to the other individual or individuals you are assisting regarding their use of one or more of the CAP Services; and,
You are aware of the content of this Agreement and agree to follow its terms and conditions.

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:

you are at least 18 years old; and
you possess the legal authority to enter into this agreement and to use the Website in accordance with all of the terms and conditions contained in this Agreement.

7. Privacy

We respect your personal privacy. We will collect, use and disclose personal information as described in our Privacy Policy, which is available at www.costcoauto.com/privacy. By using or accessing the Website, you consent to the collections, uses and disclosures of your personal information for the purposes described in our Privacy Policy.

8. Your agreement

You agree that at all times:

Your access to this Website is for your use for the stated purposes in this Agreement only. You will not allow or provide access to this Website to any unauthorized person or any person under the age of 18, unless such access is continuously supervised by you;
You are using this Website solely to determine whether you wish to use one or more of the CAP Services;
If you are a bona fide Agent, as defined in this Agreement, your access to this Website is permitted solely for the limited purpose of carrying out your role as an Agent, and any access or use other than as permitted to an Agent is hereby prohibited. As an Agent, you are permitted to access this Website only to the extent reasonably required to fulfill your obligations to the other individual or individuals you are assisting regarding their use of one or more of the CAP Services;
If you are a bona fide Visitor or a Guest, you are permitted to access this Website and download copies of content from this Website for non-commercial and personal use only; and
Whenever you access, use or otherwise interact with the Website, you will comply with all:
1. applicable laws, including, but not limited to, privacy laws;
2. acceptable-use policies and other policies that we implement with respect to the Website from time to time, as posted on or made available through the Website; and
3. Other rules, policies and procedures we communicate to you from time to time.

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:

use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website;
engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
impersonate others, including a CAP employee or representative, or other members or visitors to the Website;
upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law;
upload any commercial content or solicit others to join or become members of any other online service or other organization;
circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Site or any hardware or software used to provide the Site, or third party hardware, software or services;
use the Website or any hardware or software used to provide the Website to perform cyber currency or crypto currency mining; and
collect any content or information from CAP, our licensee’s or any user or otherwise access the Website personally or through any automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

10. Relationship

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:

An employment relationship
A business partnership or joint business venture;
A consulting relationship; or
A relationship where CAP or you act as each other's legal agent.

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.

12. Waiver

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.

13. Disclaimer

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

Except as provided in the Privacy Policy, while CAP will make reasonable commercial efforts to make access to review the Data available on a reasonable basis, CAP accepts no obligation to do so on any pre-agreed basis or at all. CAP may interrupt access to the Data, or terminate access to the Data at any time, without notice or liability. Access to the Data shall in all cases be a privilege and not a right or proprietary interest of any kind. Subject to its privacy policies and applicable law, CAP shall be free to modify, change, delete, share the Data with Costco Wholesale, Participating Dealers and OEM’s and generally deal with the Data as it sees fit. Other parties may have access to the Data and can change, modify, amend or delete the Data. CAP has no control over such third parties and no event will CAP be liable for any reliance by you on the Data.

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.

18. Enforcement

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.

19. Evidence

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.

21. Indemnity

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.

23. Feedback

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:

all Feedback is not, and will not be treated as, your confidential or proprietary information or property;
CAP is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback for any purpose whatsoever, and you acknowledge that CAP may independently develop its own updates or improvements to the Website or any CAP Service that may be similar or identical to the Feedback; and
you understand and agree that CAP is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel us to do so.

24. Assignment

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.

25. Termination

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

You agree that (i) CAP has no control over the content or performance of any website linked to or from this Website, (ii) CAP expresses no opinion concerning the content or performance of any such linked website, and, (iii) CAP shall not be held liable or responsible for the content or services of any such linked website. CAP provides all such links for your convenience only; they are not an endorsement or referral by CAP. You access and use those linked sites at your own risk. Those linked sites may have terms of use and privacy policies different from ours, and those terms and policies will apply to your activities on those sites.

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.

30. Severance

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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