Terms and Conditions

GM Preferred Owner Program (last updated August 2011)

Terms and Conditions

The following document describes the terms and conditions on which Ben Mynatt Chevrolet Cadillac offers you access to and use of the Ben Mynatt’s Preferred Owner Program.

Overview of the Preferred Owner Program

1. The Preferred Owner Program is a loyalty program sponsored by Ben Mynatt Chevrolet Cadillac through which owners can earn points toward future service, parts and vehicle purchases by purchasing a vehicle, parts or service from Ben Mynatt Chevrolet Cadillac. Purchasers with a GMS or employee-related discount are not eligible for the $250 vehicle purchase discount.
2. All points earned can be used at the Ben Mynatt Chevrolet Cadillac store ONLY.

A. Participation in the Program

• Individuals who purchase a vehicle or have service performed on their vehicles, at Ben Mynatt Chevrolet Cadillac and who are at least 18 years of age are eligible.
• Employees are not eligible for the $250 discount for the purchase or the $25 discount for service of a vehicle.
• Fleet customers or wholesale customers are not eligible to participate in the Program.
• The Sales and Service departments offer the Program invitation to the customer in person.
• 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 Ben Mynatt Chevrolet Cadillac Privacy Policy.

B. Earning Program Points

• When first enrolled in the Program, the Preferred Owner will receive a Preferred Owner card. The card is to be used for each eligible transaction.
• Points are earned in the following ways:
  
  • A vehicle purchase earns $250 dollars toward a future vehicle purchase. Purchasers with a GMS or preferred pricing discount are not eligible for the $250 discount for the purchase of another vehicle.
  • As an added bonus and a way of thanking you for purchasing a vehicle, we will preload your card with $25.00, which can be applied towards any service or parts transaction at Ben Mynatt Chevrolet Cadillac.
  • Each service or parts transaction earns 5% of total customer dollars spent (excluding tax, shop supplies and wholesale transactions) toward future service or parts transactions.
  • You can also earn BONUS POINTS by shopping online at over 400 retailers (Best Buy, Home Depot etc) through the customer portal in your online account.

C. Using Program Points

1. Preferred Owners can use their sales reward points toward any vehicle purchase, and use their service or parts reward points toward any future service or parts transactions.
2. 1 Program Point = 1 Program Dollar and 1 Program Dollar = 1 Program Point
3. Dollars will not expire.
4. Program dollars have no cash value.
5. Program dollars are non-transferable.
6. Program dollars can only be used in the Ben Mynatt Chevrolet Cadillac store.
7. Returned items purchased with Program 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

1. Ben Mynatt Chevrolet Cadillac may modify any of the terms and conditions governing the Program – including, but not limited to, the methods through which points can be earned, how the Program can be used, the value of the earned dollars, at any time, without notice, even though these changes may affect the Preferred Owner’s ability to use the points that have already been earned.
2. The Program has no pre-determined termination date and may continue until such time that Ben Mynatt Chevrolet Cadillac may terminate the program at any time, with no notice given.
3. 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 Ben Mynatt Chevrolet Cadillac 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

1. Accrued Preferred Owner Dollars do not constitute property of a Preferred Owner and have no value outside of the program. Preferred Owner dollars are credits that Ben Mynatt Chevrolet Cadillac may revoke at any time as set forth herein. Preferred 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 Preferred Owner is responsible for ensuring that the information in his/her account is accurate and kept current.

F. Limitation of Liability

1. By participating in the Program, each Preferred Owner accepts all responsibility for, and hereby indemnifies and holds harmless Ben Mynatt Chevrolet Cadillac and each of the 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 Preferred 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 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 BEN MYNATT CHEVROLET CADILLAC HAS IMPROPERLY DENIED THAT PREFERRED OWNER EARNED POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF EARNED 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 NORTH CAROLINA LAW PROVIDING 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.

1. 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.
   • 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 Ben Mynatt Chevrolet Cadillac 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.
   • Court. Alternatively, a court of competent jurisdiction located in Cabarrus County, North Carolina or where the defendant’s is located may adjudicate any Claim. Preferred Owners Ben Mynatt Chevrolet Cadillac agrees to submit to the personal jurisdiction of the courts located within the county of Cabarrus County, North Carolina.
   • 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
2. These Terms and Conditions are governed by and interpreted under the laws of the state of North Carolina, U.S.; as such laws are applied to agreements entered into and to be performed entirely within North Carolina, by North Carolina 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 North Carolina law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or the extent of such section. Ben Mynatt Chevrolet Cadillac’s 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.
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.