TERMS AND CONDITIONS OF USE

We may indicate that additional policies and terms (“Supplemental Terms”) apply to use of specific Products or Services. All applicable Supplemental Terms become part of the Site Terms. In the event of any conflict between these Site Terms and the Supplemental Terms, the Supplemental Terms govern with respect to the applicable Products or Services. Please refer to and review all additional Supplemental Terms.

The Site Terms apply exclusively to your access to, and use of, the Services and do not alter in any way the terms or conditions of any other agreement you may have with Costco.

Costco has adopted a privacy policy that you should refer to in order to understand how we collect, use and share information. To learn about Costco's privacy practices, please refer to the Your Privacy Rights page.

The Services are operated by a U.S. entity and are governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to the Services. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You may not use the Services if you are (a) located in, or a resident or a national of, any country or region subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country or region or (b) the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Services. You are responsible for compliance with all applicable export controls and for any violation of such controls, including any United States export and re-export restrictions that may apply to goods, software, technology and services.

Subject to your compliance with these Site Terms, Costco grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to make only personal use of the Services and to install and use the Apps on a mobile or personal device that you own or control. Such grant does not include any right to: (a) resell or commercially use the Services or any Site Materials (defined below), except as specifically authorized in writing by Costco, or (b) use the Services or any Site Materials in any way that is prohibited by these Site Terms (including Section 9). Costco reserves the right to revoke such license either generally or in specific cases, at any time and without notice. Other than the express license stated above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Costco or any third party. You may not use any meta tags or any other “hidden text” utilizing Costco's name, trademark, or product name without our express written consent. You may electronically copy and print to hard copy portions of the Site Materials solely for your non-commercial, personal use. “Site Materials” means all materials on the Services, including trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software, software layout, design forms and the selection and arrangement thereof.

Any use of the Services or the Site Materials (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance) not authorized specifically in these Site Terms, without the prior written permission of Costco, is strictly prohibited. We may terminate this license and your right to use the Services if you make or permit any unauthorized use of the Services. Such actions by you may violate applicable law. We reserve the right to have all violators prosecuted to the fullest extent of the law.

You must be at least 16 years of age to access or use our Services. If you are under the age of 18, you may use the Services only under the supervision of a parent or guardian who has assigned you a household card on their membership. If you are a parent or legal guardian, you must (a) monitor and supervise the use of the Services by minors you have assigned a household card, and (b) agree to be responsible for their use of the Services. If you believe that your child under the age of 18 is using our Services without your consent, please contact us.

You must create an account in order to make a purchase or use many of the features on the Services. You may not share with or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames. You must use a strong password for your account that is unique to our Services and not used by you in any other website or online service. You agree to maintain the confidentiality and security of your account, as applicable, and immediately notify us if you discover or suspect that someone has accessed your account without your permission. You agree to accept responsibility for all activities that occur on your account or with your password. Costco may rely on the authority of anyone accessing your account or using your password and in no event will Costco be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Costco under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password. Costco reserves the right to take any and all action it deems necessary or reasonable to maintain the security of the Services and your account, including terminating your account, locking your account, forcing a password reset or requesting additional information to authorize transactions on your account.

Legal Department
999 Lake Drive
Issaquah, WA 98027
425-313-8100
copyright@costco.com

See 17 USC 512(c)(3) for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3), your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to Costco for certain costs and damages.

You will not upload to, distribute, create through or otherwise publish through the Services any Submission that:

• is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
• would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
• may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• includes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, or offers or promotions for fraudulent goods, services, schemes or promotions;
• contains any private or personal information of a third party without such third party’s consent; or
• contains harmful content of any kind, including viruses, Trojan horses, worms, time bombs, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

All access to and use of the Services are governed by and subject to the Site Terms. Enforcement of the Site Terms is solely at our discretion, and failure to enforce the Site Terms in some instances does not constitute a waiver of our right to enforce it in other instances.

• You will not use the Services other than for their intended purpose. Further, you will not, in connection with the Services:
• Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Use or attempt to use another user’s account or information without authorization from that user;
• Sell or resell the Services;
• Copy, reproduce, distribute, publicly perform, or publicly display all or portions of the Services, except as expressly permitted by us or our licensors;
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services and any Site Materials;
• Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
• Use any data mining, robots, agents or similar data gathering or extraction methods designed to scrape or extract data from our Services;
• Develop or use any applications or software that interact with our Services without our prior written consent;
• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Frame or utilize framing techniques to enclose any Costco trademark, logo, or other proprietary information from the Services, including images, text content, or the layout/design of any page or form contained on a page;
• Link to any online portion of the Services in a manner that unlawfully damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Costco; or
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Site Terms or is otherwise objectionable to Costco at its sole discretion.

EXCEPT AS OTHERWISE PROVIDED IN WRITING BY US, THE SERVICES, SITE MATERIALS, AND PRODUCTS ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COSTCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, SITE MATERIALS, AND PRODUCTS. COSTCO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SITE CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COSTCO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THE SITE CONTENT OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES IS AT YOUR SOLE RISK.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Costco.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTCO OR THE OTHER COSTCO PARTIES BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHERWISE, EVEN IF COSTCO OR THE OTHER COSTCO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COSTCO AND THE OTHER COSTCO PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE SITE TERMS, THE SERVICES OR THE PRODUCTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO COSTCO FOR PRODUCTS IN THE SIX MONTHS PRECEDING THE DATE ON WHICH THE FIRST CLAIM GIVING RISE TO LIABILITY AROSE.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF COSTCO IN CONNECTION WITH OPERATING THE SERVICES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Text Messages and Phone Calls. If you choose to provide a telephone number to Costco and enroll in Costco’s text or SMS messaging or phone call programs, you may receive SMS and text messages (“Text Messages”) or phone calls. Text Messages and phone calls may include recurring and nonrecurring messaging related to events, special offers, or other Costco-related news and other information that we think will be of interest to you. Text Message and phone call frequency will vary, and Costco reserves the right to alter the frequency and total number of Text Messages and phone calls at any time. Costco also reserves the right to change the phone number it uses for Text Messages and phone calls. Consent to receive automated Text Messages or phone calls is not a condition of any purchase. Message, data, and minute rates may apply.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Costco, our service providers, and the mobile carriers supported by the Services are not liable for delayed or undelivered messages. We will not share information gathered through text messages with third parties for their marketing purposes unless we have your consent.

You may opt out of receiving Text Messages at any time by replying to a Text Message with the keyword STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. After texting STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to our short code, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE keyword commands. If you have unsubscribed from one of our Text Message programs, you may continue to receive Text Messages from us through any other programs you have joined until you separately unsubscribe from those programs as well.

Text the keyword HELP to our shortcode to receive customer care contact information. If you are experiencing any problems, please contact us using the information in Section 21.

Consent to Electronic Communication. When you visit the Services, chat with us or send email or Text Messages to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by chat, email, Text Message or by posting a notice on the Services. You agree that we may treat specific actions by you, such as checking boxes to receive email or Text Message updates, sending us an email or Text Message directly or through the Costco.com site, providing an email address or phone number in a chat conversation, or leaving a telephone message or Text Message with an email address for customer service to respond to a query about your account, as a request that we communicate personal financial or medical information with you by unencrypted email or Text Message. You acknowledge and agree that unencrypted email sent over the Internet and Text Messages are not secure and may be read by others, and you agree that when you request that we send you email or Text Message you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner. You further acknowledge that emails and Text Messages sent with this information are not stored in a secure manner. Your options, including your right to opt-out of receiving certain kinds of emails from us, are further described in Your Privacy Rights and in our Notice of Privacy Practices: Pharmacies & Health Care Centers.

The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

Acknowledgement. You acknowledge that these Site Terms are concluded solely between us, and not with Apple. Costco, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.

Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.

Maintenance and Support. You and Costco acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Costco. However, Costco has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

Product Claims. You and Costco acknowledge that as between Apple and Costco, Costco, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, Costco, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Site Terms.

Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to Costco using the contact information provided in Section 21.

Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.

Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Site Terms, and upon your acceptance of these Site Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Site Terms against you as a third-party beneficiary thereof.

To complete a purchase on the Services, you must have a valid shipping address within a country that can be selected as part of the checkout process on the Services (the “Territory”). We make no promise that Products available on the Services are appropriate or available for use in locations outside the Territory.

The Products may not be authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, per membership, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

You agree to pay all charges that may be incurred by you or on your behalf throughout the Sites at the price(s) in effect when such charges are incurred, including (without limitation) all shipping, handling, delivery, and other charges or fees. In addition, you remain responsible for any taxes that may be applicable to you. These charges and fees will be quoted at checkout. Products and/or Services will be shipped/provided according to the directions you provided during checkout.

Some Products and Services have restricted delivery/availability. The checkout page will confirm whether any Product cannot be shipped to your area, but you must confirm whether a Service is available in your area before placing an order. We reserve the right to change delivery and Services availability and restrictions from time to time and without prior notice.

When you ask us to ship to a Costco location for pick-up, shipping may be without additional charge. However, some exclusions may apply, we reserve the right to add shipping, delivery, handling, and/or other charges or fees, which will be quoted during checkout. Any shipping, delivery, handling and/or charges and fees may or may not reflect actual costs. Some Products may be available at Costco locations. Prices may vary.

In some cases, the delivery method is pre-determined based on the item. To determine if specific delivery methods are predetermined for a particular item, check the Shipping and Returns section of the product page. Delivery methods will also be displayed on the checkout page. We reserve the right to increase, decrease, add or eliminate applicable delivery methods, and/or applicable charges or fees from time to time and without prior notice.

If your order requires shipping or delivery (including orders shipped to a Costco location for pick-up), the order is a shipment contract, and as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. For pick-up orders fulfilled directly from existing warehouse inventory, risk of loss and title pass to you when you pick up the Products.

Any shipping times shown on the Services are estimates only – actual delivery dates may vary.

You agree that you will not obtain or direct shipment of Product for export.

Certain Products may be digital applications or digital codes for accessing third-party services (“Digital Products”). When you purchase a Digital Product, Costco may provide you with the opportunity to download the Digital Product via a third-party delivery platform or may provide you with other instructions for how to access the Digital Product. While Costco may, as a convenience, make Digital Products available for re-download, Costco does not guarantee that you will always be able to re-download or re-access previously purchased Digital Products. It is your responsibility to back up Digital Products you have purchased.

Digital Products are licensed, and not sold, to you. The third party that provides a Digital Product to us for distribution is the "Publisher" of the Digital Product. Your use of a Digital Product will be governed by the terms and conditions of an end-user license agreement between you and the Publisher or other licensor of the Digital Products. Access to Digital Products may be for a limited period, as indicated on the applicable Listing, and you may need to enroll in a recurring subscription with the Publisher for access beyond that period. To use or access a Digital Product, you may also need to have or create an account with the applicable Publisher or other third party. Any information you provide to the Publisher or other third party will be subject to the Publisher's or third party's privacy policy or similar terms.