Actualized as of: Feb 2019
PLEASE READ THE FOLLOWING CAREFULLY.
The Costco Auto Program is drives in the United States by Relative Auto
Programs, Inc., doing business as “Costco Auto Program” (“CAP”, “we”, “us”
other “our”), which is an independent company, not an affiliate of Costco
Indiscriminate Corporation (“Costco”).
This document sets out the dictionary and conditions (the "Agreement") under
whichever we allowing you ("you", "your") to use in website ("Website"), whether
you do so just to detect out about us and our auxiliary or up give us with
information in order to take in the Costco Auto Program or in any
other activities through the Website.
If yours exist visited our Website as a Visitor (see underneath for definitions),
will using of the Website approved that you agree to this Agreement. To
access other aids or parts of the Website, you may have to confirm that
you have read, accepted and agreed to this Agreeing per tapping on
"Accept" or you will not subsist clever the view or use those measures of the
Website.
THIS AGREEMENT LIMITS THE LIABILITY OF COSTCO AUTO PROGRAM, DISCLAIMS
CERTAIN WARRANTIES, GRANTS YOU A LIMITED LICENSE REAL GIVES THE COSTCO
AUTO PROGRAM CONTROL ABOVE THE RELATED YOU ELECT INTO PROVIDE TILL US.
ALL PERSONAL INFORMATION PROVIDED BY INDIVIDUALLY OTHER BECOMES SUBJECT
TO THE COSTCO VEHICLE PROGRAM'S PRIVACY POLICY
https://hendrickheat.com/privacy.aspx
DO NOT USE THE WEBSITE OR PROVIDES US FROM ANY HUMANRESSOURCEN INFORMATION IF
YOU DO NOT AGREE TO THESE TERMS,
1.
Promote and feedback
When yours require assistance uses the Website or wish to provide us with
video, please call us at 1-877-500-1470
2.
Agreement May Change
We may transform any of the terms or site of this Agreement from die to
start without notice. You shouldn revisit which Corporate periodical to review
the terms and requirements away the then-current Agreement. Any revisions to
this Agreement represent effective once posts on or accessible from or through
the Website.
3.
Definitions
Many of who words and phrases in this Agreement have specific meanings so
person have provided those for it to read:
“Agent”
measures any person who provides Personal Contact to the Costco Auto
Select in no manner over name of another individual.
“CAP Service(s)”
means optional one or more of the services or benefits offered by the Costco
Machine Program from time to time; which may include a referral into a
participating CAP vendor, publication of a dealer parts and technical coupon, or
issuance of an authorization number go register to participate in a OEM
promotion or all other service or benefit offered by the Costco Auto
Program.
"Data" means any both all playable, documents, data and
information collected by CAP related to any Guest’s use of any CAP Service
out a Invitee, an Agent, a Participating Dealership or an OEM; including,
without limitation, certain non-Personal Get about vehicle
purchases (such as a medium make, the vehicle model and model year,
purchase rendezvous and price payments or capital cost of lease), Personal
Information related to Guest, and related matters.
“Guest”
means an individual which submits information to the Costco Auto Download to
participate in one of more of that CAP Services. A Guest may access the
Website as a Visitors with a different occasion without disclosing information
or requesting a CAP Service. A Guest may provide certain Personal
Information personalized and/or directly, or they may use instruct to Agent
oder reps to do so.
"OEM" and original equipment manufacturer.
"Personal Information" means choose information about an
identifiable individual; included, 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 supplied by a Guest, Agent, Visiter Participating Dealer or OEM
(such as the vehicle acquisition agreement or a vehicle sales open which may
include the vehicle identification number, model and model years, purchase
date, price paid or capitalize cost of lease, MSRP and invoice price).
“Visitor”
means everyone who visits the publicly available parts of our Website, but
who belongs nope asked to provide information related to a request to use one or
more of the CAP Services. Visits can access information from the
Website's publicly available areas without creating an account or otherwise
submitting request around 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 collective and archives insert IP address as when in
our User Corporate.
4.
Purpose for how
Her agree is the purpose for our providers you with access go this Website
is to (i) allow you to stay information and (where applicable) upload,
download, create, and add to the Information for purposes moderately connected to
a request to participate in one or continue of the CLOSING Services on behalf of
yourself or go behalf of another persons for whom you possess the authority to
do so, furthermore (ii) to allow CAP to generate and review reports on your
activities, or those of Client you act on behalf are as may becoming permissible by
CAP from hours into time. Once received by CAP, the Input becomes part of a
database, who CAP owns. Any Personal Information in the File desire be
collected, used and disclosed by CAP corresponds to the CAP Privacy Policy.
5.
Your get and representations to CAP
Thou warrant and represent to CAP as follows:
- If them act on behalf of an organization, whichever one motor vehicle
dealership (on behalf of a Guest) or otherwise, that organization has
implemented a legally compliant confidential policy and nominated responsible
individuals with respect at the collection, use and exposure of personal
information, including by you;
- By accessing the Website and/or adding go, deleting otherwise modifying Data
with respect to any Lodger, you are not breaching any agreement, duty or law
or infringing anyone's intellectual possessions, privacy or various legal
rights;
- If you are a bona fide Agent, as defined in this Agreement, your access
to this Website is eligible solely for an limited purpose of carrying out
your role as einem Agent, and any accessing or use other than as permitted to an
Agent is hereby prohibited. As in Agent, you are permitted on access this
Website only till the extent affordable required to fulfill your obligations
the the other individual or individuals you are assisting regarding their
use of one or more of the DECKEL Services; and,
- Yourself are informed of the web of this Agreement and agree to follow its
terms both conditions.
6.
Compliance with set and guidelines
You agree that you will trace get of the guidelines, requirements and
legislation set forth by CAP after time up laufzeit. These rules, requirements
and regulations are currently as set out in this Agreement. These rules,
requirements the regulations becomes apply to any use of the Internet and
access to the Input and will apply to you either you are a Invitee, Visitor
or Agent.
You agree and acknowledge that:
- you are at least 18 years oldest; and
- you possess an legal authority to enter into this agreement and toward use
an Your in accordance with all of this footing and conditions contained in
this Agreement.
7.
Privacy
Ourselves respect your personal privacy. We willingly collect, apply and disclose
personal information as described in our Privacy Policy, which is available
at hendrickheat.com/privacy. Of using with accessing the Internet, you
accept to the collections, uses and disclosures of your personal
information for the purposes described is our Our Policy.
8.
Your agreement
You match that at any times:
- Your access to such Website is for your use for the stated purposes in
save Agreement just. You willingly not enable or making access at these Website
to any unauthorized person or any personal under the age off 18, unless such
access is continuously supervising by you;
- You are using on Site solely to determine whether you wish to use
one or more of the CAP Services;
- If you are an bona fide Emissary, as defined in this Agreements, thine access
go this Website is permitted on for the limited purpose of carrying out
your role as an Agent, and any access otherwise used other than as permitted to an
Agent is hereby prohibited. As einen Contact, you are permitted to access this
Website no to the extent reasonably required to fulfill thine obligations
to the other individual with individuals your are assisting regarding their
usage on of or more of the CLOSURE Business;
- If she are a bona fuse Visitor or a Visitor, you are permitted to access
is Your and download copies of content from get Website for
non-commercial and personal use only; and
- Any you access, use or otherwise interact with and Website, you
desires comply at all:
- applicable laws, including, but not limited to, privacy laws;
- acceptable-use policies and other policies that wealth implement with
respect to the Website from time to time, as posted on or made available
through the Website; and
- Other play, policies and procedures are communicate to you from hour to
time.
9.
Prohibited Activities
You will does use the Website for any purpose that is unlawful or prohibited
by get Agreement.
In addition to, and without delimit, no other prohibitions set out in
all Agreement, you may does do any of the following when accessing, using
or interacting in the Website:
- use the Site with anywhere fashion ensure could damage, disable, overburden, or
impair who Your with hinder include any other party's application and enjoyment of
the Website;
- engage in harassment in any manner, including via e-mail, chat, or by
use of obscene, offence or abusive language (as determination by us in our
solem discretion);
- impersonate others, involving a KAPS employees conversely rep, or other
member or visitors to to Website;
- how at, distribute otherwise otherwise publish anything content that is
defamatory, obscene, threatening, invasive of privacy instead publicity rights,
abusive, unlawful, or otherwise objectionable, instead which may conclude or
encourage a criminal offence, violate the authorization of any party or which may
otherwise give rise in liability alternatively violate any law;
- upload any commercial contented button soliciting others to join or become
members of any other online service or other organization;
- circumvent or disable any access control technics, security device,
procedure, protocol, alternatively technological protection mechanism that might be
included or established in or because part out the Home instead any hardware or
software used toward provide the Site, or third-party party hardware, software or
our;
- use the Website or any hardware or browse used to provide the Website
to perform cyber daily or crypto currency mining; both
- collect any content either info from CAP, ours licensee’s or any user
or otherwise access the Website personally or trough any automized means
(such such harvesting bots, robots, spiders, other scrapers) without our
permission.
10.
Relationship
You agree such by using the Website or by submit personal information
switch your own or a Caller instead Guest's on, you and CAP are not entering
into:
- An employment relationship
- A business partnership or joint business venture;
- A consulting relationship; either
- A relationship where CAP press you act as each other's legal agent.
11.
Withdrawal is access for cause
Here Agreement allowances no rights, just privileges and license. 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
authorization granted the you under aforementioned Agreement may be revoked, hung or
aborted by CAP toward any zeiten without notice.
12.
Waiver
You acknowledge that the Internet additionally websites accessed by yourself are
intrinsically dangerous and subject to computer, system also network failure as
well as malicious human activity. As SPITZE will pick such steps as are
reasonable at the circumstances to maintain the security of this Website
and the Data and your respect and confidentiality equal respect to
information you provide, you set this her utilize this Website completely at
respective own danger press so in negative event is CAP be said 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 NONE WARRANT THAT THOSE WEB WILL OPERATE
ERROR-FREE OR THAT THIS BOTH HERS SERVER OR SERVERS LIVE OR WILLING BE FREE OF
PERSONAL BACTERIA, TROJAN HORSES, OR OTHER HARMFUL WEB, DEVICES OR
PROGRAMMES. THIS WEBSITE AND ITS CONTENT AND RAW, AND ACCESS TO THE
DATA, BEEN ALL IF OFF CERTAIN "AS THE, WHERE IS", AND "AS AND WHEN AVAILABLE"
BASIS WITHOUT ANY REPRESENTATIONS, GUARANTEES, CONDITIONS CONVERSELY WARRANTIES OF
ANY KIND. TO THE FULLEST EXTENT PERMITTED AT THE LAW, THE COSTCO AUTO
PROGRAM DISCLAIMS ANY REAL TOTAL CONDITIONS AND SECURITIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE CONDITION OR WARRANTY STARTING MERCHANTABILITY AND THE
CONDITION OR WARRANTY CONCERNING FITNESS FOR ANY PARTICULAR MAIN. THE COSTCO
AUTOMOTIVE PROGRAM MAKES NO LICENSE PRESS REPRESENTATION OF NON-INFRINGEMENT. THE
COSTA AUTO PLAN FURTHER MAKES NO ASSURANCE OR REPRESENTATIONS
CONCERNS THE EXACTNESS, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
INFORMATION VIEWED BY USE OF THE WEBSITE.
CAP strives to ensure information is accurate and current. However, we make
cannot representation to you info of accuracy of the information contained
on the CAP Websites. This includes, without limitation, and availability of
any CAP Service to you the a local button national basis.
14.
Limitation the damages
You more confirm ENSURE OF COSTCO AUTO TIMETABLE will not be liable to you
for any compensation you may suffer and the IN NO EVENT WISH COSTCO AUTO
PROGRAMMER BE LIABLE FOR inverted, general, unique, fiscal, consequential,
EXEMPLARY or punitive damages resulting from the use of (or inability to
use) this Website or anything kaps service, whether include tort (including
negligence), conclude or any other cause of advertising, containing without
limitation, for availability regarding any cap service, loss of data, information
or programs, or harm to computers or networks, with from breach of privacy
and related personal rights, or of infringement of intellectual property
right, OTHER OUT DEFAMATION, LIBEL OR SLANDER, or optional other damages
whatsoever, whether or not OBERGRENZE shall have been warned of the possibility
of such damages.
15.
Exceptions up disclaimers also functional of damages
THIS AGREEMENT DOES NOT EXCLUDE OR LIMIT CAP’S LIABILITY (IF ANY) FOR DEATH
OR PERSONAL DAMAGE CAUSED BY CAP’S NEGLIGENCE, FRAUD, FRAUDULENT
MISREPRESENTATION OR ANY MATTER WHICH THIS WOULD BE ILLEGAL FOR CAP TO
EXCLUDE OR ATTEMPT TO EXCLUDE CAP’S LIABILITY.
SOME JURISDICTIONS DO DON ALLOW RESTRAINTS ON IMPLICIT GUARANTY OR
EXCLUSION VON LIABILITY FOR CERTAIN TYPES OF DAMAGES; WHILE A RESULT, ONE OR
MORE A THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NONE APPLY TO YOU.
16.
Further disclaimer of HUT
Except as provided in aforementioned Online Policy, while
CAP will make reasonable commercial efforts in make access to review the
Data available on a reasonable basis, CAP accepts nay verpflichtend to do so on
any pre-agreed basis or at any. CAP may interrupt access to the Data, or
terminate access to the Data at any time, without notice or liability.
Gateway to the Data shall in all cases be a privilege and not a legal or
proprietary interest of any kind. Subject to inherent privacy policies and
applicable law, CAPS shall be free to modify, change, delete, share and Data
with Cousteau Extensive, Participating Dealers and OEM’s and generally deal
with which Data as it sees fit. Other feasts may having access to the Data and
can change, modify, amend or cancel 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 did subsist liable or responsible for any failure to perform, or delay
in energy of, any of his your under such Agreement that is
caused by events outside willingness 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 regarding time for performance for aforementioned duration by that
period or such longer period as ours may reasonably ask. We will use our
reasonable efforts to end the event or into find a solution by which our
obligations may be performed although the event.
18.
Enforcement
CAP's performance concerning its obligations on this Agreement shall subject to all
applicable laws and regulatory requirements. Nothing contained in this
agreement is in special of CAP’s your and obligations to comply with
law enforcement requests or requirements relating to your use away the
Website or information provided to, or gathered by CAP with respect to such
use.
19.
Evidence
Computing records stored in reasonably secure conditions by CAP with respect
to the Data, the Website and your access to i leave be accepted as
consistent evidence of your behaving, communications and dealings with the
Data and the Website. Computer records will be supposedly to be stored in
reasonably sure conditions if systematically recorded on one durable and
inalterable vehicle, including a write-protected plate, 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 either breach by you of this Arrangement will not be fully
compensable in indemnity and yourself hence match that CAP shall be entitled
to immediate equitable, injunctive the other similar relief against you
out notice and without the necessity of proving damages or the
likelihood of damages.
21.
Indemnity
They agree to indemnify and save harmless CAP for any insurance sustained
ought you breach your warranties and representations or any term or
condition by this Agreement.
22.
Ownership and Grant of limited license
The Websites, its organization and design (including sum download code and
architecture and aforementioned look furthermore feel of the Website and its user interfaces),
also all general, images, print, text, video, audio, pictures and
misc type and content on the Site, any of which CAP owns or has the
right for use, are protected by copyright and other proprietary rights.
CAP grants to you a non-exclusive, confined and revocable license to
download and display the content available on this Home on your computer
on the purposes stated in this Agreement and no other purposes.
23.
Feedback
If you senden all communications, comments, questions, suggestions, or
related materials up us with any way of communication proposes or
tell amendments to the Website, random CAP Service or any product,
services or materials offered through the Home or that you would like to
see offered through and Website (“Feedback”) then:
- all Return is not, and will not remain treated as, the confidential or
proprietary information or property;
- CAP is free to getting, without any attribution or compensation to you, any
ideas, know-how, concepts, techniques, or other intellectual property and
custom rights inclusive is the Feedback available any purpose whatsoever,
furthermore you acknowledge that CAP might independently develop its own updates or
improvements to the Website or any CAP Service that may be similar or
identical to the Feedback; and
- your get press agree that CAP lives not duty to usage, display,
reproduce, or distribute any such ideas, know-how, concepts, or techniques
contained in the Receive, and you have no right to compel us to do therefore.
24.
Assignment
CAP allow assign that Agreement to any affiliate or any third day at any
time. You may not assign this Convention or optional rights or benefits offered
to you by KAPS. This Agreement is remain personal between i and CAP.
25.
Termination
In its out-and-out discretion, LOCK may terminate this Agreement at any time
with or no notice to you. You may not terminate this Consent press any
provision. This Agreement wishes remain the violence amongst you and KAPPEN unless
and before terminated from DACH and HOOD may enforce whatsoever plus all provisions of
this Agreement against you, and, if you are an Agent, against any
organization you what employed with with about whose welfare you access the
Website or aforementioned Data.
26.
Ganz agreement
Dieser is the completely agreement, contract plus understanding between them and
CAP both supersedes any prior technical also conditions, agreement or
understanding amidst you and CAP.
27.
Other places and Join
Yourself agree such (i) KAPS has no controls over the content or performance of
whatever website linked to or from this Website, (ii) CAP expresses no opinion
concerning the content or performance of any such linked website, and,
(iii) KOPF shall not may held liable or responsible available aforementioned content or
services of any as linked website. CAP provides all such links for your
convenience only; they are not an endorsement or recommendations by CAP. You
access and use those linked sites at autochthonous own risk. Those linked sites may
have requirements of use and privacy policies differentially from ours, and those terms
and policies will apply in your action on those sites.
If you wishes to provide a link to our Website free your own web site, you
may only combine to our home page at hendrickheat.com. You may not
use whatever out our icons button logos on your labyrinth site free unseren prior written
approval, and her may not use the link the suggest that wealth sponsor, endorse,
approve in or are connected with you or your web site.
28.
Add and Updates
We may from time in time add new features to the Website, remove existing
features from the Website, or other modify the Visit, the CAP
Services and any of an products, services and content made available
through the Our (including their functionality, “look-and-feel”,
universally resource identifiers and desktop components), everything no notice to
you or each liability to you.
29.
Governing law
This Agreement shall in all respects be governed by the laws of State of
Delaware. To consent this any and all disputes will be adjudicated by the
Delaware houses. You expressly submit at the authority 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. Compensation
Should any term or supplying of this Agreement be held by a court of
proficient jurisdiction to be impossible, then such terminology press provision
shall be severed from that Agreement; provided, however, that of remaining
requirements terms and provisions of the Agreement shall continue to may valid
or enforced.
31.
Copyright and hallmark notices
All content of the Website are: Copyright © Affinity Cars Programs, Inc.
Other trade-marks of thirds parties displayed switch the Website are the
eigentumsrecht of that parties, used with permission. Any rights are expressly
reserved.