Accrued Preferred Owner Dollars do not constitute property of a Reward Owner have no value outside of the program. Reward Owner dollars are credits that Zeigler 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.
Each Reward member is responsible for ensuring that the information in his/her accounts is accurate and kept current.
F. Limitation of Liability
By participating in the Program, each Reward Owner accepts all responsibility for, and hereby indemnifies and holds harmless Zeigler Chevrolet, and each of 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 the third party. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELATED 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 BEN 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 SUNRISE 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, AND 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 (“Clams”) shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties.
A. Arbitration. The program/agreement, including the interpretation thereof, shall be governed by the laws of Illinois. Any claim dispute, or controversy (whether in contact, tort, or otherwise) arising from relating to this Program or the relationships which result from this entire Agreement (“Program”), shall be resolved, if not informally, upon the election of you or us by binding arbitration Rules of the American Arbitration Association (“AAA”) that are in effect at the time the arbitration is initiated (referred to as the “AAA” Rules”). If there is a conflict between the AAA Rules and the rules set forth in this program, the rules set forth is the Program will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO RESOLVE DISPUTES IN A COURT OF LAW, INCLUDING BY JURY TRIAL. You and we agree, specifically, that any arbitration hereunder shall not be consolidated with other programs, whether yours or anyone else's nor shall class arbitration be available hereunder, unless agreed to specifically in a writing signed by both parties. If you initiate the arbitration, you agree to pay the then applicable fee or, if less and you tell us in writing, the amount that you would pay to initiate a lawsuit against us in the appropriate court of law. We agree to pay any additional fee or deposit required by the AAA in excess of your filing fee. We also agree to pay the costs of the arbitration proceeding up to a maximum of one-half day (four hours) of hearings. Other fees, such as attorney’s fees, expenses of travel to the arbitration, and the costs of a proceeding that goes beyond one-half day, will be paid in accordance with the AAA Rules. The arbitration will be held in Cook County, Illinois unless you and we both agree to another location. If for any reason this arbitration clause is deemed ineffective or inapplicable to any dispute, you in all events waive the right to a trial by jury.
2. 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.