Loyalty Rewards From Dimmitt Chevrolet in Clearwater FL

DIMMITT LOYALTY REWARDS PROGRAM - TERMS AND CONDITIONS

Updated May 16, 2017

Following describes terms and conditions on which Dimmitt Chevrolet, Inc. (Dealer) offers you (you or Owner) access to and use of the Dimmitt Loyalty Rewards Program (Program).

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. Customers who receive Fleet or Wholesale pricing (i.e. GMS, Supplier, Educator, Military, College Student, etc.) are not eligible to participate in the Program.

4. Participation in Program constitutes each Owner’s full and unconditional agreement to these Terms and Conditions.

5. 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

1. In order to participate in the Program, Owner will need to download the Dimmitt Chevrolet App at the Apple App Store or on Google Play. The app will automatically calculate rewards for each eligible transaction with $250.00 pre-loaded to be used towards the purchase of a new or pre-owned vehicle. There is no alternative way to participate.

2. Points (dollars) are earned in the following ways:

  • Each (a) service event (parts and labor), and (b) parts and/or accessory purchase, earns one (1) point for each total dollar spent (less tax) towards a future service, parts or accessory sale.
  • Coupons and other special offers may not be used in conjunction with Program. These dollars spent will not earn a reward.
  • Cash rendered out of pocket only.
  • Excludes deductible for service, parts and body shop transactions.

C. USING PROGRAM POINTS

1. Owners can use their reward dollars for any vehicle purchase* up to a maximum of $250.00 in any one transaction.

2. Owners can use their reward dollars for any service (parts and labor) expense, parts and/or accessory purchase up to a maximum of $30.00 (900 points) in any one transaction.

3. Program dollars expire within 36 months, have no cash value, and are non-transferable.

4. Program dollars can only be used at Dimmitt Chevrolet, Inc., 25485 US Highway 19 N, Clearwater, FL 33763.

5. 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 Programs for employees and eligible family member, (ii) GM Supplier Vehicle Purchase Program, or (iii) the GM Dealership Employee Vehicle Purchase Program. (iv) The store must be made aware of intent to use reward dollars prior to the agreement of price. Presentation of reward dollars after the sale will not be honored. (v) Prior sales are excluded.

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 already 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 participation 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, 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 POSSIBLITY 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, AND 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.

  • For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00, 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.
  • Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Pinellas County, Florida, 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 Pinellas, Florida.
  • 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, the other party may recover attorneys’ fees and costs 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 Florida. Notwithstanding the foregoing sentence, Federal Arbitration Act (FAA), and all of its rules and procedures, shall govern this Section G, to the extent that the FAA is inconsistent with Florida 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 or 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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