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PREFERRED OWNER PROGRAM
TERMS AND CONDITIONS
The following document describes the terms and conditions on which Donnie Hatcher Chevrolet, Buick, GMC Trucks, Inc. offers you access to and use of the Donnie Hatcher Chevrolet, Buick, GMC Trucks, Inc. preferred Owner Program (the “Program”).
Overview of the Preferred Owner Program
The Preferred Owner Program is a loyalty program sponsored by Donnie Hatcher Chevrolet through which owners can earn points (dollars) toward future service, parts, and accessory purchases by purchasing a vehicle (new and used), service labor and parts, and/or accessories.
All points (dollars) earned can be used at Donnie Hatcher Chevrolet, Buick, GMC Trucks, Inc. ONLY.
A. Participation in the Program - All customers who have purchased a vehicle, had service (labor and/or parts) performed on bought accessories and/or parts from Donnie Hatcher Chevrolet.
- The Program is offered to all Donnie Hatcher Chevrolet customers who are over the age of 18.
- Employees are not eligible to participate in the Program.
- Fleet customers or wholesale customers are not eligible to participate in the Program.
- The Sales and Service Managers offer the Program to the customer either in person or via emailed/mailed invitation.
- Participation in the Program constitutes each Preferred Owner’s full and unconditional agreement to these Terms and Conditions.
- 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 Points (Dollars) - Upon initial enrollment in the Program, the Preferred Owner will receive a Preferred Owner card. The card may be used with each eligible transaction.
- Points (dollars) are earned in the following ways:
a. Vehicle purchase earns 250 points (dollars) toward a future vehicle purchase
b. Each service event purchase (parts and labor) earns 5% of total dollars spent (less tax) toward future services, parts, or accessory sale.
c. Each parts and/or accessory purchase earns 5% of total dollars spent (less tax) toward future services, parts, or accessory sale.
d. Coupons and other special offers may not be used in conjunction with the Program. These dollars spent will not receive the 5% earned reward dollars.
C. Using Program Points (Dollars)
- Preferred Owners can use their reward points (dollars) for any vehicle purchase, service (parts and labor) expense, parts and/or accessory purchase up to a maximum of $250.00 in any one transaction.
- Program points (dollars) expire within 24 months (2 years).
- Program points (dollars) have no cash value.
- Program points (dollars) are non-transferable.
- Program points (dollars) can only be used at Donnie Hatcher Chevrolet, Buick, GMC, Inc. Brownsville, Tennessee.
- Returned items purchased with Program points (dollars) 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
- Donnie Hatcher Chevrolet may modify any of the terms and conditions governing the Program—including, but not limited to, the methods through which points (dollars) can be earned, how the Program can be used, the value of the earned points (dollars), at any time, without notice, even though these changes may affect the Preferred Owner’s ability to use the points (dollars) that have already been earned.
- The Program has no pre-determined termination date and may continue until such time that Donnie Hatcher Chevrolet may terminate the program at any time, with no notice given.
- 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 the 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
- Accrued Preferred Owner Points (dollars) do not constitute property of a Preferred Owner and have no value outside of the Program. Preferred Owner points (dollars) are credits that Donnie Hatcher Chevrolet may revoke at any time as set forth herein. Preferred Owner points (dollars) 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.
- Each Preferred Owner is responsible for ensuring that the information in his/her account is accurate and kept current.
F. Limitation of Liability
- By participating in the Program, each Preferred Owner accepts all responsibility for, and hereby indemnifies and holds harmless Donnie Hatcher Chevrolet, and each of 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 the Preferred Owner’s account from a third party.
- 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 DONNIE HATCHER CHEVROLET HAS IMPROPERLY DENIED THAT PREFERRED OWNER 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, AND OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH PREFERRED OWNER SPECIFICALLY WAIVES ANY BENEFIT UNDER TENNESSEE CIVIL CODE WHICH PROVIDES “A GENERAL RELEASE DOES 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
- 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 Donnie Hatcher 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 Haywood County, Tennessee or where the defendant is located. Preferred Owners and Donnie Hatcher Chevrolet agree to submit to the personal jurisdiction of the courts located within the county of Haywood, Tennessee.
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.
- These Terms and Conditions are governed by and interpreted under the laws of the State of Tennessee, US; as such laws are applied to agreements entered into and to be performed entirely within Tennessee by Tennessee 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 Tennessee law. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or the extent of such section. Donnie Hatcher Chevrolet 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 are drawn up in English.
- 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.
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