Preferred Owner Program
(Revised April 2013)
Terms and Conditions
The following document describes the terms and conditions on which Mountain View Chevrolet of Upland, CA offers you access to and use of the Mountain View Preferred Owner Program.
Overview of the Program
1. The Program is a loyalty program sponsored by Mountain View Chevrolet through which owners can earn points (dollars) which may be applied to future service; routine maintenance; parts and accessory purchases at Mountain View Chevrolet.
A. Participation in the Program
a. All retail customers, over the age of 18, who have had service (labor and/or parts) performed on their vehicles; or bought accessories and/or parts from Mountain View Chevrolet are eligible to participate in the Program.
b. Employees of Mountain View Chevrolet are not eligible to participate in the Program.
c. Fleet customers or wholesale customers are not eligible to participate in the Program.
d. Participation in the Program constitutes each Preferred Owner’s full and unconditional agreement to these terms and conditions.
e. Participation in the Program constitutes each Preferred Owner’s full and unconditional agreement to these terms and conditions.
B. Earning Program Points (Dollars)
When you are the first enrolled in the Program as a Preferred Owner you will receive a Preferred Owner card. The card is to be used for each eligible transaction.
Points (dollars) are earned with the following transactions:
Each service, parts and/or accessory purchase event on and after April 1st, 2011 (parts and labor) earns 7% of total dollars spent (less tax) towards a future service, parts or accessory sale. **
C. Using Mountain View Chevrolet Preferred Owner Program Points
Upon enrollment in this program, the customer will receive three Mountain View Chevrolet Preferred Owner key chain cards. (all with the same number). The card is to be used for each eligible transaction for the person who is registered for the card.
If a family member wishes to use the same card, that person should understand that the credits and/or points wil be added to the registered card holder whose card is swiped at the cashier’s desk at the time of the transaction. Points are non-transferable.
a. Each Purchase Point, in turn, is worth $1 in full-price service, parts and accessories on your next visit. 1 Program Point = 1 Program Dollar and 1 Program Dollar = 1 Program Point.
b. As an added bonus and a way of thanking you for purchasing a vehicle at Mountain View Chevrolet, we will preload your card with 30 Program points ($30.00), which can be applied towards any service or parts transaction.
c. Preferred Owners can use their rewards points (dollars) for any service (parts and labor) expense, parts and/or accessory purchase up to a maximum of $300.00 in any one transaction.
d. Points (dollars) expire within 24 months from the date your Preferred Owner card is issued.
e. Program points (dollars) have no cash value.
f. Program points (dollars are non-transferable and non-refundable.
g. Program points (dollars) can only be redeemed at Mountain View Chevrolet.
h. Returned items purchased with Program points (dollars) will not be exchanged for cash. The Program points applied to the purchase of the returned item will be credited back to the Preferred Owner’s account.
i. Your preferred card can be used for any vehicle in your household.
j. Points can only be earned on cash purchases. You can not accrue points on warranty, insurance, or extended warranty purchases.
k. Purchase amounts and Purchase Points are not rounded off. These examples avoid using fractions for simplicity’s sake.
C. Using Mountain View Chevrolet Preferred Owner Program Points
Mountain View Chevrolet may modify any of the terms and conditions governing the Program 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 Preferred Owners continued participation in the Program constitutes the Preferred Owners acceptance of any changes made to these Terms and Conditions. The Preferred Owners is responsible for remaining familiar with any changes that Mountain View 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. A copy of the current Terms and Conditions is also available at the Parts and Service Departments at Mountain View Chevrolet.
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 Mountain View Chevrolet may revoke at any time as set forth herein. Preferred Owner points may not be exchanged for cash, assigned, bartered, or transferred. Each Preferred Owner is responsible for ensuring that that information in his/her account is accurate and kept current.
F. Limitation of Liability
Neither Mountain View Chevrolet or General Motors, Maritz, FMR (“third party supplier”) and their respective officers, directors employees, representatives, attorneys, shareholders, agents, and successors, and assigns shall not be liable for injury to any person or property whatsoever resulting from the use of, inability to use, or the termination of the Program; or, for incidental, consequential, indirect, punitive, exemplary, special or other damages, costs or expenses of any kind (such as, but not limited to, loss of profits or revenues or damage to or loss of personal property or data), whether based on breach of contract, tort (including negligence) or costs or expenses. Without limiting the generality of the foregoing, neither Mountain View Chevrolet nor any of its third party suppliers shall be responsible for any damages, costs or expenses delays or errors or other similar damages, costs or expenses resulting from the use of, inability to use, or termination of the Program. In the event that either party breaches its obligations under this Agreement, the non-breaching Party shall have the right to exercise all rights and remedies available to it at law or in equity; provided, however that the liability of the breaching party, regardless of the form in which any legal or equitable action may be brought, shall be limited to direct, actual damages only and all other damages and remedies are waived, and in no event shall such actual damages exceed the total amount the program points accumulated by the preferred owner at the time the claim is asserted, less any credits previously applied by Mountain View Chevrolet.
G. Arbitration of Disputes
1. Any controversy arising from participating in the Program or its breach shall be determined by one arbitrator appointed as set out below:
Within ten (10) days after a notice by either Party to the other requesting arbitration and stating the basis of the Party’s claim one arbitrator shall be chosen by written agreement of both Parties. The Arbitrator shall be selected from the list provided by San Bernardino County of JAMS. The arbitration shall be conducted under Code of Civil Procedure 1280-1294.2f. Hearings shall be held in Ontario, California. The Parties, however, agree to limit any discovery rights to the taking of depositions and the production of documents pursuant to the California Code of Civil Procedure. The prevailing party shall be entitled to recover its costs and attorneys’ fees.
The Provisions of this Agreement will be deemed severable, and if any provision of this agreement is held illegal, void or invalid under applicable law, such provision may be changed to the extent reasonably necessary to make the provision legal, valid and binding. If any provision of this Agreement is held illegal, void or invalid in its entirety, the remaining provisions of this Agreement will not be affected but will remain binding in accordance with their terms.
I. Applicable Law
This Agreement will be construed in accordance with and governed by the laws of the State of California, without reference to conflict of laws principles.