|
Preferred Owner Program Terms and Conditions (January, 2010) The following document describes the terms and conditions on which Hamilton Chevrolet offers you access to and use of the Hamilton Chevrolet Preferred Owner Program (the “Program”). Overview of the Preferred Owner Program 1. The Preferred Owner Program is a loyalty program sponsored by Hamilton Chevrolet through which owners can earn dollars toward future service, parts and accessory purchases by purchasing a vehicle (new and used), service labor and parts, accessories from Hamilton Chevrolet. 2. All dollars earned can be used at Hamilton Chevrolet ONLY. A. Participation in the Program 1. All customers who have purchased a vehicle, had service (labor and/or parts) performed on their vehicles, bought accessories and/or parts from Hamilton Chevrolet. The Program is open to all Hamilton Chevrolet customers who are over the age of 18. 2. Dealership Employees are not eligible to participate in the Program. 3. Fleet customers or wholesale customers are not eligible to participate in the Program. 4. The Sales and Service managers offer the Program invitation to the customer – in person or via emailed/mailed invitation. 5. Participation in the Program constitutes each Preferred Owner’s full and unconditional agreement to these Terms and Conditions. 6. The personal information that is collected from you in connection with the Program will be used in accordance with the GM Privacy Policy. B. Earning Program Dollars 1. When you are first enrolled in the Program, the Preferred Owner will receive a Preferred Owner card. The card is to be used for each eligible transaction. 2. Dollars are earned in the following ways: a. Each service event (parts and labor) earns 5% of total dollars spent (less tax) towards a future service, parts or accessory sale b. Each parts and/or accessory purchase earns 5% of total dollars spent (less tax) towards a future service, parts or accessory sale c. Special parts & labor discounts or “percentage off coupons” may not be used in conjunction with the Program. These dollars spent will not receive the 5% earned reward. e. Cash rendered out of pocket only. f. Excludes deductible for service, parts and body shop transactions. C. Using Program Points (Dollars) 1. Preferred Owners can use their reward dollars for service (parts and labor) expense, parts and/or accessory purchase up to a maximum of $250.00 in any one transaction. 2. Program dollars-points have no cash value. 3. Program dollars-points are non-transferable. 4. Program dollars-points can only be used at the Hamilton Chevrolet, Warren, MI store. 5. Returned items purchased with Program dollars-points will not be exchanged for cash. The returned item’s program value will be returned to the preferred owner’s account. D. Modification and Termination of the Program 1. Hamilton Chevrolet may modify any of the terms and conditions governing the Program – including, but not limited to, the methods through which dollars can be earned, how the Program can be used, the value of the earned dollars, at any time, without notice, even though these changes may affect the Preferred Owner’s ability to use the dollars that have all ready been earned. 2. The Program has no pre-determined termination date and may continue until such time that Hamilton Chevrolet may terminate the program at any time, with no notice given. 3. The Preferred Owners continued participation in the Program constitutes the Preferred Owners acceptance of any changes made to these Terms and Conditions. The Preferred Owners are responsible for remaining knowledgeable as to any changes that Hamilton Chevrolet may make to these Terms and Conditions. The most current version will be available on the Preferred Owner’s Website and will supersede all previous versions of the Terms and Conditions. E. General Terms and Conditions 1. Accrued Preferred Owner dollars do not constitute property of a Preferred Owner and have no value outside of the program. Preferred Owner dollars are credits that Hamilton Chevrolet may revoke at any time as set forth herein. Preferred Owner points may not be exchanged for cash, assigned, bartered, or transferred, except as set forth herein, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. 2. Each Preferred Owner is responsible for ensuring that the information in his/her account is accurate and kept current. F. Limitation of Liability 1. By participating in the Program, each Preferred Owner accepts all responsibility for, and hereby indemnifies and holds harmless Hamilton Chevrolet and each of the their related companies, General Motors, Maritz , FMR and each such company’s respective officers, directors, employees, shareholders, agents, and successors, and assigns (the “Released Parties”), from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Preferred Owner’s account from a third party. 2. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM. EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A PREFERRED OWNER PROVES THAT HAMILTON CHEVROLET HAS IMPROPERLY DENIED THAT PREFERRED OWNER EARNED POINTS (DOLLARS), LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF EARNED POINTS (DOLLARS). BY PARTICIPATING IN THE PROGRAM, A PREFERRED OWNER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH PREFERRED OWNER SPECIFICALLY WAIVES ANY BENEFIT UNDER MICHIGAN CIVIL CODE SECTION 1542 WHICH PROVIDES A “A GENERAL RELEASE DOE S NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT.” G. Legal Disputes. 1. Preferred Owners agree that any controversy or claim at law or equity that arises out of or relates to the Program (“Claims”) shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. a. Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000. Preferred Owners or Hamilton Chevrolet may elect to resolve the dispute through binding arbitration conducted by telephone, online, and/or based solely upon written submissions where no-in person appearance is required. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. b. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Warren, MI. Preferred Owners and Hamilton Chevrolet agree to submit to the personal jurisdiction of the courts located within the City of Warren, MI. c. Violations of Section G (“Legal Disputes”) All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or a commencement of arbitration. Should either party file an action contrary to this Section G, the other party may recover attorneys’ fees and costs up to $1000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. 2. These Terms and Conditions are governed by and interpreted under the laws of the state of Michigan, U.S.; as such laws are applied to agreements entered into and to be performed entirely within Michigan by Michigan residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act (“FAA”), and all of its rules and procedures, shall govern Section G hereof, to the extent that the FAA is inconsistent with Michigan law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or the extent of such section. Golden Hills Auto Center, Inc.’s failure to act with respect to a breach by Preferred Owners does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions and any documents it incorporates set forth the entire understanding between the parties with respect to the subject matter hereof. Sections F and G shall survive any termination or expiration of this agreement. It is the express wish of the parties that this document and any related documents be drawn up in English. 3. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in force.
|
