The Ultimate Buyer's Guide for Purchasing mobile vehicle display

Introduction

Most car dealers who sell used vehicles must comply with the Federal Trade Commission's (FTC's) Used Car Rule. In fact, car dealers who sell, or offer for sale, more than five used vehicles in a 12-month period must comply with the Rule. Banks and financial institutions are exempt from the Rule, as are businesses that sell vehicles to their employees, and lessors who sell a leased vehicle to a lessee, an employee of the lessee, or a buyer found by the lessee.

The Used Car Rule applies in all states except Maine and Wisconsin. These two states are exempt because they have similar regulations that require dealers to post disclosures on used vehicles. The Rule applies in the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and American Samoa.

This booklet defines the Rule's requirements, explains how to prepare and display the Buyers Guide, and offers a compliance checklist.

You must post a Buyers Guide before you display a vehicle for sale or let a customer inspect it for the purpose of buying it, even if the car is not fully prepared for delivery. You also must display a Buyers Guide on used vehicles for sale on your lot through consignment, power of attorney, or other agreement. At public auctions, dealers and the auction company must comply. The Rule does not apply at auctions that are closed to consumers.

Previously titled or not, any vehicle driven for purposes other than moving or test driving is considered a used vehicle, including light-duty vans, light-duty trucks, demonstrators, and program cars that meet the following specifications:

• a gross vehicle weight rating (GVWR) of less than 8,500 pounds;
• a curb weight of less than 6,000 pounds; and
• a frontal area of less than 46 square feet.

Exceptions to the Rule are:

• motorcycles;
• any vehicle sold for scrap or parts if the dealer submits title documents to the appropriate state authority and obtains a salvage certification; and
• agricultural equipment.

The Buyers Guide

A disclosure document that gives consumers important purchasing and warranty information, the Buyers Guide tells consumers:

• the major mechanical and electrical systems on the car, as well as some of the major problems that consumers should look out for;
• whether the vehicle is being sold "as is" or with a warranty;
• what percentage of the repair costs a dealer will pay under warranty;
• that oral promises are difficult to enforce;
• to get all promises in writing;
• to ask to have the car inspected by an independent mechanic before they buy;
• to get a vehicle history report and to visit ftc.gov/usedcars for information on how to get a vehicle history report, how to check for safety recalls, and other topics; and
• to ask for a Spanish Buyers Guide if the sale is conducted in Spanish; and
• to keep the Buyers Guide for reference after the sale.

If you conduct a used car transaction in Spanish, you must post a Spanish language Buyers Guide on the vehicle before you display or offer it for sale.

The Buyers Guide must be displayed prominently and conspicuously on or in a vehicle when a car is available for sale. This means it must be in plain view and both sides must be visible. You can hang the Guide from the rear-view mirror inside the car or on a side-view mirror outside the car. You also can place it under a windshield wiper. The Guide also can be attached to a side window. A Guide in a glove compartment, trunk or under the seat is not conspicuous because it is not in plain sight.

You may remove the Guide for a test drive, but you must replace it as soon as the test drive is over.

Vehicle Information

At the top of the Guide, fill in the vehicle make, model, model year, and vehicle identification number (VIN). Write in a dealer stock number if you wish.

Dealer Information

On the back of the Guide, fill in the name and address of your dealership. Also fill in the name (or position) and the telephone number of the person the consumer should contact with complaints. You may use a rubber stamp or preprint your Guide with this information.

Optional Signature Line

You may include a signature line on the Guide and you may ask the buyer to sign to acknowledge that he or she has received the Guide. If you opt for a signature line, you must include a disclosure near it that says: "I hereby acknowledge receipt of the Buyers Guide at the closing of this sale." This language can be preprinted on the form. The signature line and the required disclosure must appear in the space provided for the name of the individual to be contacted in the event of complaints after the sale.

Warranty Information

• The Buyers Guide has two versions: One says "As Is-No Dealer Warranty;" the other says "Implied Warranties Only."
• As Is-No Dealer Warranty. If state law allows it, and you choose not to offer a warranty — written or implied — you must use the "As Is" version and check the box next to the heading "As Is-No Dealer Warranty" on the Guide.
• Implied Warranties Only. In states that limit or prohibit the elimination of implied warranties, you must use the "Implied Warranties Only" version and check the box next to the "Implied Warranties Only" if you don't offer a written warranty.
• Warranty. If you offer the vehicle with an express warranty, you must check the box next to the heading "Warranty" and complete that section of the Guide. Warranties required by state law must be disclosed in this section. Your state Attorney General can tell you about state warranty requirements.

State Law. In some states, use of the "As Is-No Dealer Warranty" Buyers Guide may be legally sufficient to eliminate implied warranties. In other states "as is" sales are allowed only if specific action is taken or certain language is used. For example, some states may require you to eliminate implied warranties by using special language and/or a document other than the Guide.

If you're not sure which version of the Buyers Guide you should use or if you have questions about state requirements, contact the FTC or your state Attorney General's office.

Is the Warranty "Full" or "Limited"?

For a warranty to be considered "full:"

• Warranty service must be provided to anyone who owns the vehicle during the warranty period.
• Warranty service must be provided free of charge when necessary, even for services like removing and reinstalling a system covered by the warranty.
• The consumer must be able to choose either a replacement or a refund if the vehicle can't be repaired after a reasonable number of tries.
• The consumer is not required to take any action to receive service, except to give notice that service is needed. Service must be rendered after notice unless the warrantor can demonstrate that it is reasonable to require consumers to do more than give notice.
• The length of implied warranties must not be limited.

The warranty is considered "limited" if any of these conditions doesn't apply.

What Percentage of Costs Does the Warranty Cover?

Fill in the percentage of parts and labor costs covered by the warranty in the spaces provided. If a deductible applies to repairs made under the warranty, put an asterisk next to the number and explain the deductible in the "systems covered/duration" section. For example, "*A $50 deductible applies to each repair visit."

What Systems Are Covered? For How Long?

There's one column to list the systems covered, and another to list the length of the warranty for each system. In the left hand column, you must specify each system that's covered by the warranty. The Rule prohibits the use of shorthand phrases such as "drive train" or "power train" because it's not always clear what specific components are included in the "power train" or "drive train."

In the right hand column, you must state the length of the warranty for each system. If all systems are covered for the same length of time, you may state the duration once.

What if the Manufacturer’s Warranty Still Applies?

If the manufacturer's warranty hasn't expired, you may disclose this fact by checking the box, "MANUFACTURER'S WARRANTY STILL APPLIES. The manufacturer's original warranty has not expired on some components of the vehicle,” in the Non-Dealer Warranties for this Vehicle section of the Buyers Guide.

If the consumer must pay to get coverage under the manufacturer's warranty, you may not check the "Warranty" box. Such coverage is considered a service contract. However, you may check the "Warranty" box if you pay for coverage from the manufacturer and the consumer doesn't have to pay anything more than the price of the vehicle to get the coverage. If you provide a warranty in addition to the unexpired manufacturer's warranty, explain the terms of your warranty on the Buyers Guide.

Where Should Negotiated Warranty Changes Be Included?

If you and the consumer negotiate changes in the warranty, the Buyers Guide must reflect the changes. For example, if you offer to cover 50 percent of the cost of parts and labor for certain repairs, but agree to cover 100 percent of the cost of parts and labor after negotiating with the customer, you must cross out the "50 percent" disclosure and write in "100 percent." Similarly, if you first offer the vehicle "as is" but then agree to provide a warranty, you must cross out the "As Is-No Dealer Warranty" disclosure and complete the "Warranty" section of the Buyers Guide properly.

What About Service Contracts?

If you offer a service contract for repairs, check the box next to the words "Service Contract." However, if your state regulates service contracts as the "business of insurance," you don't have to check this box. Check with your Attorney General or state insurance commissioner to find out if your state regulates service contracts as insurance.

What Do I Have to Give the Buyer At the Sale?

You must give the buyer the original or a copy of the vehicle's Buyers Guide at the sale. The Guide must reflect all final changes. If you include a signature line on your Buyers Guides, make sure the buyer signs the Guide that reflects all final changes.

If you offer a written warranty, or if the manufacturer's warranty still applies, you also must comply with the Magnuson-Moss Warranty Act and other FTC Rules, including the "Warranty Disclosure Rule." The Warranty Act contains provisions that establish consumers' rights with respect to written warranties. For example, the Act prohibits you from eliminating implied warranties when you provide a written warranty.

The Warranty Disclosure Rule requires that you disclose certain information about the coverage of your warranty and consumers' rights under state law. This information must be included in a single document that is clear and easy to read.

Can the Buyers Guide Serve As My Written Warranty?

The warranty information you provide on the Buyers Guide is not sufficient to meet the requirements of the Warranty Disclosure Rule. Therefore, your written warranty and the Buyers Guide must be two separate documents.

Another federal rule — the FTC's Rule on Pre-Sale Availability of Written Warranty Terms — requires that you display written warranties in close proximity to the vehicle or make them available to consumers, upon request, before they buy.

You also may be interested in A Businessperson's Guide to Federal Warranty Law. It explains the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products.

What Disclosures Should I Make if I Offer a 50/50 Warranty or Another Type of Split Cost Warranty?

Split cost warranties are those under which the dealer pays less than 100% of the cost for a warranty repair. This type of warranty includes 50/50 warranties where the dealer pays 50% of the cost for a covered repair and the buyer pays the remaining 50%. Another type of split cost warranty is one under which the buyer pays a deductible amount and the dealer pays the remaining cost for the repair.

If you offer a split cost warranty that requires you to pay a percentage of the repair cost for covered repairs, you should include the following disclosures in your warranty document:

• The percentage of the total repair cost you will pay.
• The percentage of the total repair cost the buyer must pay.
• How the total cost of the repair will be determined. For example, your warranty might state: "The total cost of a warranty repair will be the retail price ABC motors charges for the job." As another example, your warranty might state: "The total cost of a warranty repair will be determined by adding the dealer's cost for parts to the labor cost. Labor will be billed at a rate of ________ per hour for the actual time required to complete the repair." As a final example, your warranty might state: "If the work is done by an outside repair shop, total cost of a repair will be the price ABC Motors is charged by the outside shop. If the work is done by ABC Motors, the total cost of the repair will be the same price ABC Motors charges non-warranty customers for the same job."

If your warranty requires buyers to pay a deductible, your warranty document should disclose the deductible amount and the details as to when and under what circumstances the deductible must be paid.

Dealers offering split cost warranties can require that buyers return to the dealer for warranty repairs. If your warranty includes this restriction, however, you should provide an estimate of the total repair cost before work is started. This will allow the buyer to decide whether to approve the repair or have the work done elsewhere.

Where Can I Get Copies of the Guides?

You can download the Buyers Guide from the FTC's Business Center, or you can get Buyers Guides from business-form companies or trade associations. You also can generate them yourself on a computer. However, you must use the wording, type style, type sizes, and format specified in the Rule. You are not allowed to place any other wording or symbols (including logos) on the Buyers Guide. The Guides must be printed in 100% black ink on white paper cut to at least 11" x 7 1/4." These requirements cannot be modified in any way. You may use colored ink to fill in the blanks.

How Am I Doing?

Ask yourself:

• Do you complete a Buyers Guide properly for each used vehicle offered for sale?
• Do you post the Buyers Guide prominently and conspicuously on each used vehicle you offer for sale?
• If you choose to include a signature line for the buyer's signature, do you include the following required disclosure language:

  
  I hereby acknowledge receipt of the Buyers Guide
  at the closing of this sale.

• Do you put the following required disclosure in your sales contract:

  
  The information you see on the window form for this vehicle
  is part of this contract. Information on the window form overrides
  any contrary provisions in the contract of sale.

• Do you give the vehicle's Buyers Guide or a copy to the purchaser at the time of sale and make sure it states the final negotiated warranty coverage accurately?
• If a sale is conducted in Spanish, do you use the Spanish language Buyers Guide?
• If you offer a written warranty, do you prepare a warranty document that complies with federal law? Is the warranty document available for examination by potential buyers?

What If I Don't Comply?

Dealers who violate the Used Car Rule may be subject to penalties of up to $51,744 per violation in FTC enforcement actions. Many states have laws or regulations that are similar to the Used Car Rule. Some states incorporate the Used Car Rule by reference in their state laws. As a result, state and local law enforcement officials may have the authority to ensure that dealers post Buyers Guides and to fine them or sue them if they do not comply.

Where Can I Get More Information?

If you have questions about the Used Car Rule, contact the FTC and request a free copy of the Rule or staff compliance guidelines for the Used Car Rule; both documents explain some aspects of the Rule in more detail.

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

[Note: Edited January 2024 to reflect Inflation-Adjusted Civil Penalty Maximums.]

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:

1. 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;
2. 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;
3. 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,
4. 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:

1. you are at least 18 years old; and
2. 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:

1. 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;
2. You are using this Website solely to determine whether you wish to use one or more of the CAP Services;
3. 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;
4. 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
5. 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:

1. 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;
2. 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);
3. impersonate others, including a CAP employee or representative, or other members or visitors to the Website;
4. 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;
5. upload any commercial content or solicit others to join or become members of any other online service or other organization;
6. 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;
7. use the Website or any hardware or software used to provide the Website to perform cyber currency or crypto currency mining; and
8. 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:

1. An employment relationship
2. A business partnership or joint business venture;
3. A consulting relationship; or
4. 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 reasonably 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:

1. all Feedback is not, and will not be treated as, your confidential or proprietary information or property;
2. 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
3. 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.