Rotolo Chevrolet, Inc.

Preferred Owner Program

Terms and Conditions

The following document describes the terms and conditions pursuant to which Rotolo Chevrolet, Inc. (“Rotolo”) offers you access to and use of the Rotolo Preferred Owner Program (the “Program”).

Overview of the Program

1.     The Program is a loyalty program sponsored by Rotolo through which owners can earn points (dollars) which may be applied to future service; routine maintenance; parts and accessory purchases at Rotolo.

2.     All points (dollars) earned have no monetary value and can only be redeemed at Rotolo under the terms and conditions set forth herein.

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 Rotolo are eligible to participate in the Program.

(b)    Employees of Rotolo are not eligible to participate in the Program. 

(c)    Fleet customers or wholesale customers are not eligible to participate in the

Program.

(d)    The Sales and Service managers offer the Program invitation to the

customer – in person or via emailed/mailed invitation.

(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 Rotolo Privacy Policy.

B. 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.

1.     Points (dollars) are earned   with the following transactions:

a.     With each service department repair order (parts and labor) you earn 5% of the total dollars you spend (less all taxes and waste disposal fees) towards a future service or parts or accessory purchase.

b.     With each parts and/or accessory transaction, you earn 5% of the total dollars you spend (less all taxes) towards a future service or parts or accessory purchase.

C. Using Program Points (Dollars)

1.     Preferred Owners can use their reward points (dollars) for any service (parts and labor) expense, parts and/or accessory purchase up to a maximum of $250.00 in any one transaction.

2.     Points (dollars) expire within 24 months from the date your Preferred Owner card is issued.

3.     Program points (dollars) have no cash value.

4.     Program points (dollars) are non-transferable and non-refundable.

5.     Program points (dollars) can only be redeemed at Rotolo.

6.     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.

D. Modification and Termination of the Program

1.     Rotolo 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 all ready been earned.

2.     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 Rotolo 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 Rotolo.

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 Rotolo 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.

F. Limitation of Liability

Neither Rotolo 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 Rotolo or any third party supplier has been advised of the possibility of such damages, costs or expenses.  Without limiting the generality of the foregoing, neither Rotolo 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 ROTOLO.  

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 §1280-1294.2. 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.

H. Severability

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.

I agree to the above Terms and Conditions.