Preferred Owner Program

Terms and Conditions

November, 2009

The following document describes the terms and conditions on which Graff Of Durand offers you access to and use of the Graff Of Durand Preferred Owner Program.

 
 Overview of the Preferred Owner Program

1. The Preferred Owner Program is a loyalty program sponsored by Graff Of Durand 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 Graff Of Durand dealership.
2. All dollars can be used at the Graff Of Durand store ONLY.

1. 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 Graff Of  Durand.  The program is open to all Graff Of Durand customers who are over the age of 18.

2.         Employees are eligible to participate in the Program if paying full retail.

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.

2. Earning Program Dollars

1. When you are first enrolled in the Program, the Preferred Owner will receive a Preferred Owner card.  The card is to be used for each eligible transaction.
2. Dollars are earned in the following ways:
   1. Vehicle purchase earns $25.00 dollars toward a future service effective November 1, 2009 and may be terminated at any time.
   2. Each service event (parts and labor) earns 5% of total dollars spent (less tax) towards a future service, parts or accessory sale.
   3. Each parts and/or accessory purchase earns 5% of total dollars spent (less tax) towards a future service, parts or accessory sale.
   4. Coupons and other special offers may not be used in conjunction with the Program.  These dollars spent will not receive the 5% earned reward.
   5. Cash rendered out of pocket only. 

3. Using Program Dollars

1. Preferred 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. Program dollars have no cash value.
4. Program dollars are non-transferable.
5. Program dollars can only be used in the Graff Of Durand store.
6. 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.
7. Sales dollars earned can not be used in the Service or Parts department.

*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.

4. Modification and Termination of the Program

1. Chevrolet Pontiac 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 thought these changes may affect the Preferred 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 Graff Of Durand 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 changed made to these Terms and Conditions.  The Preferred Owners are responsible for remaining knowledgeable as to any changes that Graff Of Durand 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.

5. 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 Graff Of  Durand 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.

6. Limitation of Liability

1. 1. By participating in the Program, each Preferred Owner accepts all responsibility for, and hereby indemnifies and hold harmless Graff Of Durand 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 POSSIBIITY 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 GRAFF OF DURAND HAS IMKPROPERLY DENIED THAT PREFFERED OWNER EARNED DOLLARS, LIABILTY 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 AMY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURANCE OF THE KIND OF ACT, EVENT. CONDITION, OMMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.  EACH PREFERRED OWNER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES A “AGENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMES WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO WXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT.”

7. 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.

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.  Preferred Owners of Graff Of Durand 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 Shiawassee County, Michigan or where the defendant’s is located.  Preferred Owners and Graff Of Durand agree to submit to the personal jurisdiction of the courts located within the county of Shiawassee, Michigan.

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 these 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 Michigan, U.S.; as such laws are applied to agreements entered into and to be performed entirely within Michigan by Michigan 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 Michigan law.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or the extent of such section.  Graff Of Durand’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  Section 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.