A. Participation in the Program
1. Owners who have purchased a vehicle, had service (labor and/or parts) performed on their vehicles, bought accessories and/or parts from Dealer.
2. Employees are not eligible to participate in the Program.
3. Fleet or wholesale customers are not eligible to participate in Program.
4. Participation in Program constitutes each Owner's full and unconditional agreement to these Terms and Conditions.
B. Earning Program Points
1. When first enrolled in Program, Owner will receive a Preferred Owner card to be used for each eligible transaction.
2. Points (dollars) are earned in the following ways:
i. Each (a) service event (parts and labor), and (b) parts and/or accessory purchase, earns 5% of total dollars spent (less tax) toward a future service, parts or accessory sale.
ii. Coupons and other special offers may not be used in conjunction with Program. These dollars spent will not receive the 5% earned reward.
iii. Cash rendered out of pocket only.
iv. Excludes deductible for service, parts and body shop transactions.
C. Using Program Points
1. Owners can use their reward dollars for any vehicle purchase, service (parts and labor) expense, parts and/or accessory purchase up to a maximum of $300.00 in any one transaction.
2. Program dollars expire within 24 months, have no cash value, and are non-transferable.
3. Program dollars can only be used in the Dealer store.
4. Returned items purchased with Program dollars will not be exchanged for cash. The returned item's program value will be returned to Owner's account.
***Discounts, points or earnings cannot be used for vehicles purchased under the (i) GM New Vehicle and Company Vehicle Purchase Program for employees and eligible family member, (ii) GM Supplier Vehicle Purchase Program, or (iii) the GM Dealership Employee Vehicle Purchase Program
D. Modification and Termination of Program
1. Dealer may modify any of the terms and conditions governing Program, including but not limited to, the methods through which dollars can be earned, how the Program can be used, the value of earned dollars, at any time, without notice, even though these changes may affect the Owner's ability to use the dollars that have all ready been earned.
2. Program has no pre-determined termination date and may continue until such time as Dealer may terminate the Program at any time, with no notice given.
3. Owner's continued participation in Program constitutes Owner's acceptance of any changes made to these Terms and Conditions. Owners are responsible for remaining knowledgeable as to any changes that Dealer may make to these Terms and Conditions. The most current version will be available on Dealer's Website and will supersede all previous versions of the Terms and Conditions.
E. General Terms and Conditions
1. Accrued Program points do not constitute property of an Owner and have no value outside of the Program. Owner dollars are credits that Dealer may revoke at any time as set forth herein. 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 Owner is responsible for ensuring that the information in their account is accurate and kept current.
F. Limitation of Liability
1. By participating in the Program, each Owner accepts all responsibility for, and hereby indemnifies and holds harmless Dealer, General Motors and their affiliates and their respective officers, directors, employees, shareholders, agents, and successors and assigns (Released Parties), from and against any claims that may arise from actions taken by such party or for any unauthorized access to Owner's account from a third party.
2. UNDER NO CIRCUMSTANCES, INCLUIDING, 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 AN OWNER PROVES THAT DEALER HAS IMPROPERLY DENIED THAT OWNER EARNED POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF EARNED POINTS. BY PARTICIPATING IN THE PROGRAM, AN 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.
G. Legal Disputes.
1. Owners agree that any controversy or claim at law or equity (Claims) that arises out of or relates to Program shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties.
i. For any Claim (excluding Claims for injuctive or other equitable relief) where the total amount of the award sought is less then $10,000. Owner or Dealer may elect to resolve the dispute through binding arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
ii. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Huron County, Michigan or where the defendant's is located, Owners and Dealer agree to submit to the personal jurisdiction of the courts located within the county of Huron, Michigan.
iii. All Claims (excluding requests for injuctive 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 filling or a commencement of arbitration. Should either party file an action contrary to this Section, the other party may recover attorney's fees and cost up to $5,000.00 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. Notwithstanding the foregoing sentence, Federal Arbitration Act (FAA), and all of its rules and procedures, shall govern this Section G, to the extent (FAA), and all of its rules and procedures, shall govern this Section G, to the extent of that FAA is inconsistent with Michigan law. Dealer's failure to act with respect to a breach by 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 subject matter hereof. Sections F and G shall survive any termination or expiration of this agreement.
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.