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NeSmith Chevrolet Preferred Owner Program
Terms and Conditions
The following document describes the terms and conditions on which NeSmith Chevrolet offers you access to and use of the Preferred Owner Program.
Overview of the Preferred Owner Program
- The NeSmith Chevrolet Preferred Owner Program is a loyalty program sponsored by NeSmith Chevrolet through which owners can earn reward dollars toward future service, parts, accessory and vehicle purchases by purchasing a new or used vehicle, service, parts or accessories from NeSmith Chevrolet-Buick-GMC, Inc. in Claxton.
- All dollars earned can be used only at NeSmith Chevrolet in Claxton, Georgia.
- NeSmith Chevrolet has the right to change or terminate the Preferred Owner Program without notice.
A. Participation in the Program
- All customers who have purchased a vehicle, had service (labor and/or parts) performed on their vehicles, and/or bought accessories from NeSmith Chevrolet are eligible to participate in the program. The Preferred Owner Program is open to all NeSmith Chevrolet customers who are over the age of 18.
- Employees are not eligible to participate in the sales portion of the Preferred Owner Program.
- Fleet customers or wholesale customers are not eligible to participate in the Preferred Owner Program.
- NeSmith Chevrolet will offer the Preferred Owner Program invitation to the customer – in person or via mailed invitation.
- Participation in the Preferred Owner Program constitutes each Preferred Owner’s full and unconditional agreement to these Terms and Conditions.
B. Earning Preferred Owner Dollars
- When you are first enrolled in the Preferred Owner Program, the Preferred Owner will receive a NeSmith Chevrolet Preferred Owner card. The card is to be used for each eligible transaction.
- Dollars are earned in the following ways:
Vehicle purchase earns $250 toward a future vehicle purchase.
Each service event (parts and labor) earns 5% of total dollars spent (less tax and shop charges) towards a future service, parts or accessory sale.
Each parts and/or accessory purchase earns 5% of total dollars spent (less tax and shop charges) towards a future service, parts or accessory sale.
Coupons and other special offers may not be used in conjunction with the Preferred Owner Program. Check with your Service Advisor for more information and exceptions. Coupons and special offers will not receive the 5% earned reward.
C. Using Preferred Owner Program Dollars
- Preferred Owners can use their vehicle purchase reward dollars for any vehicle purchase up to a maximum of $250 in any one transaction.
- Preferred Owners can use their parts & service reward dollars for any service (parts and labor) expense, parts and/or accessory purchase up to a maximum of $250.00 in any one transaction.
- Reward dollars will expire within 24 months.
- Reward dollars have no cash value.
- Reward dollars are non-transferable.
- Reward dollars can only be used at NeSmith Chevrolet in Claxton.
- Returned items purchased with Preferred Owner 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 Preferred Owner Program
- NeSmith Chevrolet may modify any of the terms and conditions governing the Preferred Owner Program – including, but not limited to, the methods through which dollars can be earned, how the Preferred Owner 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 dollars that have already been earned.
- The Preferred Owner Program has no pre-determined termination date and may continue until such time that NeSmith Chevrolet may terminate the program at any time, with no notice given
- The Preferred Owner’s continued participation in the Preferred Owner Program constitutes the Preferred Owner acceptance of any changes made to these Terms and Conditions. The Preferred Owners are responsible for remaining knowledgeable as to any changes that NeSmith Chevrolet may make to the Preferred Owner Program website and will supersede all previous versions of the Terms and Conditions.
E. General Terms and Conditions
- Accrued Preferred Owner Program dollars do not constitute property of a Preferred Owner and have no value outside of the program. Preferred Owner dollars are credits that NeSmith Chevrolet may revoke at any time as set forth herein. Preferred Owner dollars 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.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGILANCE, SHALL 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 JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIN OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU IF A REWARDS OWNER PROVES THAT NESMITH 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 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, OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
F. Legal Disputes
- Preferred Owners agree that any controversy or claims at law or equity that arises out of or relates to the Preferred Owner Program (“Claim”) 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 NeSmith Chevrolet 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, any Claim may be adjudicated by a court of competent jurisdiction located in Claxton, GA or where the defendant is located. Preferred Owner and NeSmith Chevrolet agree to submit to the personal jurisdiction of the courts located within Evans County, GA.
- 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.
- These Terms and Conditions are governed by and interpreted under the laws of the state of Florida, U.S.; as such laws are applied to agreements entered into and to be performed entirely within Georgia by Georgia 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 Florida law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or the extent of such section. NeSmith Chevrolet's failure to act 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 by drawn up in English.
- 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.