We may amend these Terms at any time by posting the updated terms on the Website. We last updated these Terms on September 1, 2020.
Costco grants you a non-exclusive, non-transferable, non-assignable, limited and revocable license to access and use the Website and the information, materials and content (collectively, the “Content”) made available through it as necessary for you to electronically review and obtain information on domestic relations orders applicable to the Costco 401(k) Retirement Plan (the “Plan”). Your use must be strictly in accordance with these Terms.
Purpose of Website and Disclaimers
You understand and agree that the Content we make available on the Website is intended for use by participants in and alternate payees with respect to the Plan, which is available to Costco and Lincoln Premium Poultry, LLC employees in the United States, and the participants’ and alternate payees’ attorneys and authorized representatives. We do not guarantee or represent that the Content is correct, complete or up to date; and we may update the Content at our sole discretion from time to time without notice. You acknowledge and agree that we are not attorneys or paralegals nor do we or the Website offer legal advice. We do not guarantee the legal accuracy or applicability of any Content on the Website for your legal needs. You should consult an attorney to obtain legal advice regarding your individual situation and legal needs.
THE WEBSITE IS OPERATED BY OR ON BEHALF OF COSTCO ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COSTCO, ITS SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR THE WEBSITE AND ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, COSTCO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
Exclusion of Liability
COSTCO HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON OR THE PERFORMANCE OF THE WEBSITE, FOR YOUR ACTIONS OR INACTION IN CONNECTION WITH THE WEBSITE OR ITS CONTENT, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ITS CONTENT. YOUR USE OF THE WEBSITE AND ANY CONTENT ON IT ARE AT YOUR OWN RISK. IN NO EVENT WILL COSTCO OR ITS AGENTS, SUPPLIERS, LICENSORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE CONTENT MADE AVAILABLE ON THE WEBSITE, THE DELAY OR INABILITY TO ACCESS THE WEBSITE, OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE OR ITS CONTENT, WHETHER BASED ON TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Costco and its affiliates, agents, licensors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any Content made available to you on the Website.
Copyrights and Trademarks
Unless otherwise noted, all Content, including without limitation information, materials, logos, brand names, designs, images, designs, photographs, written materials and other content, that appears on or as part of the Website, whether registered or unregistered, are owned, controlled or licensed by us. The Website as a whole is protected by copyright and other laws. Other than the express limited license granted above, you have no other rights, by implication, estoppel or otherwise, to use the Website or any Content displayed, available or used on or through it, without prior written permission.
Applicable Law; Venue and Jurisdiction
To the extent not preempted by ERISA, these Terms will be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and entirely to be performed within Washington, without resort to its conflict of law provisions. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to these Terms will be filed and adjudicated only in the federal courts (or state courts to the extent federal courts are unavailable) located in Seattle, King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms or your use of or access to the Website and/or Content.
These Terms constitute the entire agreement between you and Costco with respect to the access and use of the Website, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the access and use of the Website. These Terms create no third party beneficiary rights. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of these Terms and will not affect the validity and enforceability of any remaining provisions. You may not assign any of your rights under these Terms, and any such attempt will be void.
If you have any questions about these Terms, please contact us.