Dellenbach Rewards Program

Terms and Conditions

 

Overview of the Preferred Owner Program

1. The Dellenbach Rewards Program is a loyalty program sponsored by Dellenbach

    Chevrolet through which owners can earn dollars toward future service, parts and

    accessory purchases by purchasing a vehicle (new and used), service labor and

    parts, accessories from the Dellenbach Chevrolet dealership.

2. All dollars earned can be used at the Dellenbach Chevrolet store ONLY.

 

A. Participation in the Program

 

1. All customers who have purchased a vehicle, had service (labor and/or parts)

    performed on their vehicles, bought accessories and/or parts from Dellenbach Motors

    The Program is open to all Dellenbach Chevrolet customers who are over the

    age of 18.

 

2. Employees are eligible to participate in the Program.

 

3. Fleet customers or wholesale customers are not eligible to participate in the

    Program.

 

4. The Sales and Service managers offer the Program invitation to the customer - in

    person or via emailed/mailed invitation.

 

5. Participation in the Program constitutes each Preferred Owner's full and

    unconditional agreement to these Terms and Conditions.

 

6. 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 Dollars

 

1. When you are first enrolled in the Program, the Rewards Owner will receive a

    Dellenbach Rewards card. The card is to be used for each eligible transaction.

 

2. Dollars are earned in the following ways: 

A. Each service event (parts and labor) earns 3% of total dollars spent

   (less tax) towards a future service, parts or accessory sale

B. Each parts and/or accessory purchase earns 3% of total dollars spent

   (less tax) towards a future service, parts or accessory sale

C. Coupons and other special offers may not be used in conjunction with

    the Program. These dollars spent will not receive the 3% earned reward.

 

 

C. Using Program Points (Dollars)

 

1. Reward Owners can use their reward dollars for any vehicle purchase, service (parts

and labor) expense, parts and/or accessory purchase up to a maximum of $300.00

in any one transaction.

 

2. Dollars expire within 24 months.

3. Reward dollars have no cash value.

4. Reward dollars are non-transferable.

5. Reward dollars can only be used in Dellenbach Chevrolet.

6.Returned items purchased with Reward 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. Dellenbach Chevrolet may modify any of the terms and conditions governing the

Program - including, but not limited to, the methods through which dollars 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 Reward Owner's ability to

use the dollars that have all ready been earned.

 

2. The Program has no pre-determined termination date and may continue until such

time that Dellenbach Chevrolet may terminate the program at any time, with no notice

given.

 

3. The Reward Owners continued participation in the Program constitutes the Reward

Owners acceptance of any changes made to these Terms and Conditions. The

Reward Owners are responsible for remaining knowledgeable as to any changes

that Dellenbach Motors may make to these Terms and Conditions. The most current

version will be available on the Reward 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 Reward Owner and

have no value outside of the program. Reward Owner dollars are credits that

Dellenbach Chevrolet may revoke at any time as set forth herein. Reward Program

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 Reward member 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 Reward Owner accepts all responsibility for,

and hereby indemnifies and holds harmless Dellenbach Chevrolet, 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 REWARDS OWNER PROVES

THAT DELLENBACH CHEVROLET HAS IMPROPERLY DENIED THAT PREFERRED

OWNER EARNED DOLLARS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT

 

 

AMOUNT OF EARNED DOLLARS. BY PARTICIPATING IN THE PROGRAM, A

REWARDS 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,

OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. "

 

G. Legal Disputes.

 

1. Reward 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.

    Reward Owners or Dellenbach Motors 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 Ft Collins, Colorado, or where the defendant's is located.

    Preferred Owners and DellenbachChevrolet agree to submit to the personal

    jurisdiction of the courts located within the county of Larimer, Colorado.

 

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.

 

2. These Terms and Conditions are governed by and interpreted under the laws of the

state of Colorado, U.S.; as such laws are applied to agreements entered into and to be

performed entirely within (state) by (state) 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 Colorado

law. Headings are for reference purposes only and in no way define, limit, construe

or describe the scope or the extent of such section. Dellenbach Chevrolet's failure to

act with respect to a breach by Dellenbach Rewards Program 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 be 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.