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 form Victorville Chevrolet are eligible to participate in the Program.
b.   Body Shop transactions are eligible (see earning points for specifics)
c.   Employees of Victorville Chevrolet or its subsidiaries, not eligible to participate in the Preferred Owner Program, only the Points Plus Program
d.   Fleet customers or wholesale customers are not eligible to participate in the Program.
e.   Participation in the Program constitutes each Preferred Owner's full and unconditional agreement to these Terms and Conditions.
f.    The personal information that is collected from you in connection with the Program will be used in accordance with the Victorville Chevrolet Privacy Policy.
g.   Victorville Chevrolet employees are not eligible to participate.
EARNING PROGRAM POINTS (DOLLARS)
a.   When you are 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.
b.   Points (dollars) are earned with the following transaction:
i.         With each service department repair order (parts and labor) you earn 5% of the dollars spent by customer (less all taxes and waste disposal fees) toward a future service or parts or accessory purchase. Non discounted transactions only.
ii.        With each parts and /or accessory transaction, you can earn 5% of the total dollars you spend (less all taxes) towards a future service or parts or accessory purchase. Non discounted transactions only.
iii.        Extended warranty, Factory warranty and Insurance deductibles are not eligible to earn Program Points (dollars). A courtesy 3 points will be awarded for those visits.
iv.        Points (dollars) are only earned on out of pocket charges for service RO's and parts invoices, before taxes and fees. (RO = Repair Order)
vi.        With each purchase you make online through our "points Plus" web portal, you will receive a percentage of your purchase as points on your rewards card from the retailer. Points will take 30-45 days to post from date of shipment.
v.        Body Shop transactions are eligible for 5% up to 100 point maximum earn.
viii.      The Reward of points (dollars) is limited to 250 in any one transaction.
vii.       The current list of participating retailers is available online at www.gmpreferredowner.com and is subject to change at any time.
ix.        The Purchase of any vehicle will earn a $250 credit towards the subsequent purchase of another vehicle. These points can ONLY be used toward the purchase of a different vehicle and NOT on any other Victorville Chevrolet service.
USING PROGRAM POINTS (DOLLARS)
a.   Upon enrolling in the Program, Preferred Owners will receive (3) identical cards for use in the program.
b.   Preferred Owners cards expire 24 months from date of issuance.
c.   Preferred Owners can use their reward points (dollars) for any customer pay service (parts and labor) expense, parts and /or accessory purchase up to a maximum of $250.00 in any one transaction.
d.   The Preferred Owners Card must be presented to cashier at time of payment for rewards/redemptions to be applied.
g.   Program points (dollars) can only be redeemed at in person at Victorville Chevrolet.
e.   Program points (dollars) have no cash value.
f.    Program points (dollars) are non-transferable and non-refundable.
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.    The program can be used or combined with any other special or discounts at the Service Manager's discretion. Any rewards/redemptions will be earned/applied to the balance after the special offer or discount is applied.
j.    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 the (iii) GM Dealership Employee Vehicle Purchase Program.
k.   Points accrued from parts or service transactions cannot be applied towards the purchase of a vehicle.
l.    The $250 vehicle discount is only applied to the final purchase price of the vehicle. It cannot be used as part of a down payment. Excluding Lease of a vehicle. Preferred Owners should not mention vehicle discount until after a final purchase price has been agreed upon.
m.  Points Plus program points must be used within two (2) years of the date they where earned. Unused Points Plus points will expire after two (2) years and will not be recoverable.
n.   Points Plus program points earned are deposited into the customer's Service account balance and cannot be used in the sales department.
o.   When redeeming points, Points Plus points will automatically be used before regular Program Points, unless otherwise requested at time of redemption.
MODIFICATION AND TERMINATION OF THE PROGRAM
a.   Victorville Chevrolet may modify any of the terms and conditions governing the Program at any time, including, but not limited to; the methods through which points (dollars) can be earned, how the Program can be used, and the valve of the earned points, without notice, even though these changes may affect the Preferred Owner's ability to use the points (dollars) that have all ready been earned.
b.   The program has no pre-determined termination date and may continue until such time that Victorville Chevrolet may terminate the program at any time, with no notice given.
c.   The Preferred Owners continued participation in the Program constitutes the Preferred Owners acceptance of any changes made 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 Victorville Chevrolet.
GENERAL TERMS AND CONDITIONS
a. Accrued Preferred Owner Points (dollars) do not constitute property of a Preferred Owner and have no valve outside of the Program. Preferred Owner points (dollars) are credits that Victorville 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 the information in his/her account is accurate and kept current.
b. Valid contact information, including, e-mail address, mailing address, phone number and full true name are required for participation in the Program
c. Each Preferred Owner is responsible for ensuring that the information in his/her account is accurate and kept current.
LIMITATION OF LIABILITY
a. Neither Victorville Chevrolet nor General Motors, Maritz ,FMR ("third party suppler") 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 otherwise, whether or not Victorville Chevrolet or any third party supplier has been advised of the possibility of such damages, costs or expenses.
b. Without limiting the generality of the foregoing, neither Rancho Motor Company 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.
c. 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 LEAGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE LIMED 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 Victorville Chevrolet.
ARBITRATION OF DISPUTES
a. Any controversy arising from participating in the Program or its breach shall be determined by one arbitrator appointed as set out below:
b. 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 arbitration shall be conducted under Code of Civil Procedure 1280-1294.2. 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.
SEVERABILITY
a. 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.
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APPLICABLE LAW
a. 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.
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