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Byerly Nissan may modify any of the terms and conditions governing the Nissan
One To One Rewards program - including, but not limited to, the methods through
which incentive points can be earned, how the program can be used, the value of
the earned points, at any time, without notice, even though these changes may
affect the members ability to use the points that have already been earned.
The Nissan One To One Rewards program has no pre-determined termination date
and may continue until such time that Byerly Nissan may terminate the program at
any time, with no notice given. Accrued reward points do not constitute
property of a member and have no value outside of the program. Member dollars
are credits that Byerly Nissan, Inc. may revoke at any time as set forth
herein. Reward points may not be exchanged for cash, assigned, bartered or
transferred except as matter or otherwise by operation of law. Each program
member is responsible for ensuring that the information in his/her account is
accurate and kept current.
Abuse of the Nissan One To One Rewards program (including failure to follow
program policies and procedures, the sale or barter of awards and any
misrepresentation of fact relating thereto or other improper conduct, as
determined by Dealer in its' sole judgment, any untoward or harassing behavior
with reference to any Dealer employee or any refusal to honor Dealer employee's
instructions) may result in cancellation of the member?s account and future
disqualification from program participation, forfeiture of all points accrued.
Dealer reserves the right to take appropriate legal action, as it deems
necessary, and to recover damages, attorney's fees and court costs.
Limitation of Liability governs that each program member accepts all
responsibility for and hereby indemnifies and holds harmless Byerly Nissan and
each of their related companies (Nissan) and 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 member's account from a third party. 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. By participating in the program, a member
waives any and all rights to bring any claim or action related to such matters
in any forum. |
