AUTOMOTIVE ID REWARDS PROGRAM TERMS AND CONDITIONS
Last Updated: January 17, 2018
PLEASE READ THESE TERMS OF USE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
The AUTOMOTIVE ID Rewards Program ("Program") is a loyalty program sponsored by and operated by Automotive ID LLC (“AUTOMOTIVE ID”). The following Program terms and conditions (“T&C”) govern your membership in the Program. Participation in the Program subjects members of the Program ("Members") to these terms and conditions and as they may be periodically amended or updated at www.Automotive ID.com. Any updated T&C replace all previously-published T&C or policies. Members have the responsibility to check for any updates to the Program or the T&C. If the T&C are updated, any changes will apply to all Members, including Members enrolled before AUTOMOTIVE ID posts the updated text, except as may be prohibited by law. No changes to the T&C will apply retroactively unless we provide you with specific notice. Occasionally AUTOMOTIVE ID may test or make available new offers, promotions or program benefits with a certain subset of Members based on factors within AUTOMOTIVE ID’s sole discretion, except as may be prohibited by law. Every Member is not entitled to participate in every new offer, promotion or program benefit offered through the Program. AUTOMOTIVE ID MAY CHANGE THESE T&C, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE, EVEN THOUGH CHANGES MAY AFFECT THE BENEFITS AVAILABLE TO MEMBERS AND/OR THE VALUE OF THE POINTS ALREADY ACCUMULATED BY A MEMBER.
BY ESTABLISHING A MEMBERSHIP, REDEEMING POINTS, AND/OR OTHERWISE PARTICIPATING IN THE PROGRAM, YOU CONFIRM YOUR ACCEPTANCE OF THESE T&C AND THE PRIVACY POLICY.
Membership Eligibility
The Program is a loyalty rewards program offered by AUTOMOTIVE ID to its customers. Membership in the Program is limited to customers and is limited to one account per customer. Employees, officers, directors, agents and representatives of AUTOMOTIVE ID and its affiliates or franchisees are eligible for Membership but may be excluded from certain promotions. To be eligible for Membership, you must provide a valid email address and be age 16years or older. The Program is offered in the English language only.
You will be automatically enrolled in the Program by ordering products & services online at www.Automotive ID.com. Each customer will be required to provide, without limitation, his or her name, address, telephone number and e-mail address. AUTOMOTIVE ID may, in its discretion, require additional information or verification in connection with your application. You may also be asked to provide other information about yourself such as your birthdate and interests so that we may provide a more personalized program, but this information is optional. AUTOMOTIVE ID reserves the right to refuse or restrict your participation in the Program for any reason. PURCHASE OF PRODUCTS IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law.
Members are responsible for maintaining accurate and updated personal information regarding their account ("Account"). Members can obtain information about the Program, and change their profile preferences and contact information at any time by visiting www.Automotive ID.com.
Communications
With Participation in the Program, you consent to receive (a) transactional email regarding the status of your Account and the Program; and (b) marketing and promotional email offers and updates from the Program and from AUTOMOTIVE ID and its affiliates. Members may not unsubscribe from receiving transactional email regarding the Program. Members may withdraw consent and unsubscribe from AUTOMOTIVE ID and/or affiliate or partner marketing and promotional emails at any time via the unsubscribe link in that email. Members can also unsubscribe from receiving marketing and promotional email by calling 314-406-0787.
Earning Points
You earn Program points whenever you make a purchase at www.automotiveid.com. Customers accumulate one point for every $1 spent on any eligible product purchase. Notwithstanding the foregoing, points and their values: (a) are determined by AUTOMOTIVE ID in its sole discretion; (b) are subject to change without notice; and (c) may vary among activities and promotions. The dollar amount of any eligible product purchased will be rounded to the nearest whole dollar before accumulated points are calculated (i.e., $0.50 or higher is rounded up, $0.49 or lower is rounded down). The dollar amount for the purpose of calculating Point earned is on the actual dollars spent at checkout, less taxes, fees, delivery charges, rebates, or other excluded charges. Points earned, will be credited to a Customer Rewards Account within approximately 48 hours from the time of purchase. No adjustments to a Member's Account will be made after 30 days from the actual purchase date, except at AUTOMOTIVE ID's sole discretion. AUTOMOTIVE ID is the final authority on accrual and crediting of points and reserves the right to deny or revoke points at any time if AUTOMOTIVE ID determines that they were improperly or mistakenly obtained, accrued or credited. AUTOMOTIVE ID has the right, in its full and final discretion, to limit the aggregate number of points accrued on an annual basis. Members do not accumulate points for the amount of any coupons redeemed or discounts applied to a purchase. Other exclusions and limitations may apply.
Points Expiration and Non-Transferability
Points expire 365 days from issuance so long as the Member has not been terminated or withdrawn from the Program. Points cannot be earned by a Member after the Program is terminated or the Member’s participation in the Program has been terminated. Unless prohibited by law, unused Points automatically are forfeited upon termination of the Program or when a Member’s Program Account is cancelled or terminated or the Member’s participation in the Program otherwise is terminated. Membership, points, Accounts, offers and reward certificates are nontransferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated points, offers and rewards certificates do not constitute property of the customer. Accumulated points and coupons are not transferable by the customer upon death, as part of a domestic relations matter, or otherwise. Points and other benefits of the Program may be taxable where required by law. Accrual and redemption of Points are void where prohibited by applicable laws or regulations and are subject to change as may be necessary to comply with such laws or regulations. Entities or persons using the Program for profit are not eligible to become Members or to accumulate points.
Points Redemption, Reward Redemption, Redemption, and Other Benefits
A Customer will earn a $25 reward (each, a “Reward”) every time the Member earns 700 points. Each Automotive ID Reward will automatically be issued to you once you have earned the points necessary for the Reward. AUTOMOTIVE ID will automatically issue you a Reward every time you earn 700 points. If you choose to activate a Reward at a time of your choosing, AUTOMOTIVE ID will issue the Reward according to your instructions. You will be sent email notification regarding earned rewards, at the email address registered with your customer Account. We suggest adding AUTOMOTIVE ID.com to the approved senders list in any spam filter you are using. We have no responsibility for ensuring that you receive emails we send to you. Upon issuing a Reward, AUTOMOTIVE ID will deduct the applicable number of points from your Member Account. REWARDS EXPIRE 30 DAYS FROM THEIR DATE OF ISSUE, SO REMEMBER TO USE THEM PROMPTLY. Additional exclusions and limitations related to Rewards may be specified at the discretion of AUTOMOTIVE ID. Members may be notified of additional eligible and ineligible merchandise at the point of redemption.
Returns
If you return merchandise, the Points you had earned from the purchase of that merchandise will be deducted from your Points balance. Except as may be required by law, in the event that Member returns merchandise that was partially or wholly paid for with a coupon(s), the coupon(s) and points used in connection with the purchase will not be reissued. Negative Point balances never expire, but a Member can move into a positive Point balance by making purchases or engaging in any other announced activities which can be used to earn Points.
Cancellation
A Member may cancel his or her Membership by notifying Customer Service by email (jim@automotiveid.com) or telephone (314-406-0787). AUTOMOTIVE ID, in its sole discretion, reserves the right to cancel an individual Membership. Cancellation of Membership results in loss of all accumulated points. Members who cancel voluntarily may not re-activate the Account but are eligible to open a new Account without the benefit of the previously accumulated points. You may not earn or redeem points after cancellation. Please note that, in some cases, you may continue receiving messages, including messages that were scheduled for delivery prior to cancellation, for a brief period of time after you cancel your Membership. The purchase price for a Pro Membership is non-refundable.
Changes, Termination And/Or Removal From Program
AUTOMOTIVE ID may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the www.Automotive ID.com website.
AUTOMOTIVE ID reserves the right to exclude individuals from the Program in its sole discretion at any time and for any reason without liability to us. Any abuse of the Program, failure to follow these T&C or any other terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of AUTOMOTIVE ID, including without limitation any attempt by you to accrue points or redeem points for the Program fraudulently or through other than legitimate channels or tamper with the points accrual or redemption process or your violation of applicable law may subject result in revocation of your Membership and future disqualification from participation and forfeiture of all points accrued in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. In connection with the enforcement of any of the T&C governing the Program, AUTOMOTIVE ID reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and court costs. The failure to exercise or enforce any right hereunder or any other provision of this T&C shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AUTOMOTIVE ID in writing.
Legal Terms
Entire Agreement. These T&C, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between AUTOMOTIVE ID and Member relating to the subject matter hereof and supersedes any prior versions of these T&C as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
Proprietary Rights. You acknowledge that Program content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations (including Member and AUTOMOTIVE ID information) logos or other material contained in any AUTOMOTIVE ID communication, advertisement or message, whether by AUTOMOTIVE ID or its advertisers), information about AUTOMOTIVE ID and its products and services, copyrights, trademarks, service marks, trade names, and software are protected by copyright, trademark, service marks, patents and/or other proprietary rights and laws; therefore, any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of AUTOMOTIVE ID or its appropriate affiliate or licensor. AUTOMOTIVE ID does not license any sponsor, advertiser, partner, Member or user to use any portion, or all, of the Program without our express prior written consent.
Notices. Notices given by AUTOMOTIVE ID will be transmitted, in our sole discretion, by e-mail or regular mail to the addresses on file with your Account, or by general posting on the Program website or at our retail stores.
Waiver of Claims. Participation in the Program and any of its associated benefits, including the Program Rewards, is at Member’s sole risk. The Program Rewards and other Program benefits are provided only on an “as is” and “as available” and “with all faults” basis. Member hereby releases and waives any and all claims against AUTOMOTIVE ID and its parents, subsidiaries, and affiliates, and each of their employees, directors, officers, members, shareholders, agents, vendors and contractors (collectively, the “Program Providers”) arising out of, or in connection with, Member’s enrollment or participation in the Program, the availability, redemption, or use of any Program Reward, the information available thereon, the modification or termination of this Program or any aspect of the Program.
Limitation of Liability. Automotive ID LLC shall not be liable to Member or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages, including, but not limited to, loss of profits, goodwill, use, data or other intangible losses, arising out of Member’s (i) access or use of, or inability to access or use, the Program or the Program Rewards, (ii) unauthorized access to or alteration of Member’s Program account data, including points, (iii) access or use of, or inability to access or use, information made available through the Program or arising out of any action taken in response to or as a result of any information available through the Program, or (iv) any other matter relating to the Program. In addition, AUTOMOTIVE ID is not responsible, and assume no liability, for any changes or discontinuances of goods or service from our suppliers, which may affect the availability of Program Rewards or the accrual of points. In no event will the Program Parties’ total liability to you for all damages, losses or causes of action exceed $30 USD or the value of any redeemed Program Reward that is subject to such damage, loss or cause of action, whichever is less.
Disclaimer of Warranties. The Program Providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, warranties related to the availability and use of Program Rewards, and any warranties that the Program will be uninterrupted, timely or error free or that defects will be corrected. No advice or information, whether oral or written, obtained by a Member from or through the Program or AUTOMOTIVE ID shall create any warranty not expressly made herein. AUTOMOTIVE ID shall not be liable or responsible for any guarantees, warranties or representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages. Accordingly, some of the above limitations and exclusions may not apply to you.
Indemnification. You agree to indemnify and hold Automotive ID LLC harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your participation in the Program, (ii) your use of any Program Reward, or (iii) your violation of this Agreement. You understand, acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Program or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law; Jurisdiction. These T&C will be governed by and construed in accordance with the laws of the state of Missouri, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Program will be brought only in the federal or state courts in St. Louis, Missouri. A printed version of these T&C will be admissible in judicial and administrative proceedings based upon or relating to these T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
General. Our failure to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision by us. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our T&C remain in full force and effect. By participating in the Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&C, and to abide by and comply with these T&C.