Terms and Conditions

TERMS AND CONDITIONS OF THE PHINNEY’S REWARDS AND PHINNEY’S CAR CLUB PROGRAMS

These Terms and Conditions (this “Agreement”) govern the Phinney’s Rewards Program (collectively, the “Program”). The Program is a loyalty program brought to you by the Phinney’s Automotive Center (“Phinney’s,” “we” or “us”). Any enrollment or use of a membership in the Program subjects the user (“you”) to the provisions of this Agreement. By enrolling in the Program, you are agreeing to the terms and conditions set forth in this Agreement.

Enrollment

1. Each point awarded under the Program will be redeemed as $.01 off your next Phinney’s purchase. Points are awarded in Service and Sales “banks” and may be redeemed only toward their respective bank. We may, without notice to you, change the minimum amount of points required to affect any redemption. A maximum of $1,000 in points may be redeemed at one time toward a vehicle purchase and up to 25% of a service repair order may be redeemed in points.
2. We will not grant you with retroactive credit or points for purchases made prior to enrollment in the Program. Nevertheless, and subject to your meeting all criteria for enrollment, we will automatically enroll you as a Phinney’s Rewards Member at the time you purchase or service your vehicle from us.
3. Membership and participation in the Program will be listed under your full name, title (if any) and middle initial. You may be enrolled in only one Program at any time.

Points

1. The Program is open to any individual with (A) valid email address, B) a mailing address in North America and (C) residing in a jurisdiction that has not prohibited participation in points or loyalty programs similar to the Program. Legal entities or associations (e.g., corporations, limited liability companies or partnerships) cannot enroll as a member.
2. Members, once enrolled, will receive points into their ‘rewards account’ totaling 10% of what they spend in service toward a vehicle purchase, and 5% of what they spend toward a future service visit. Points awarded based on ‘customer pay’ amounts only. No points may be earned along with any ‘non-customer pay’ amounts (ie, warranty, internal fixes, dealer trades, etc.)
3. The sale, purchase, brokerage, resale, barter or exchange of points for compensation is expressly prohibited. Nevertheless, you may transfer points to an immediate family member or person residing in your household. If you are transferring points simultaneously with any redemption, you must be present at such time of redemption and provide us with your member number, PIN and valid I.D.
4. All points must be earned and redeemed according to this Agreement. We will make all final determinations of whether redemption of points complies with this Agreement.
5. Abuse of the Program (e.g., failure to follow Program policies and procedures, sale or barter of award redemptions, or misrepresentation of facts relating thereto) or other improper conduct relating to the Program, in our sole discretion, may result in cancellation of your account, forfeiture of accrued points, and disqualification from future Program participation.
6. Phinney’s Rewards points expire 7 years from the date awarded. Consistent with the general rules and regulations of the Phinney’s Rewards program, Phinney’s Automotive Center reserves the right to change the Phinney’s Rewards program at any time without notice, including imposition of expiration limits.

Validity and promotions

1. In our sole discretion, we may offer discounts and benefits or make special promotional offers to certain members based on their activity level, geographic location, Program participation, information supplied by the member, or other criteria we establish from time to time. We may change or terminate any special promotional or discount offers, or other benefits we offer, without notice to you.
2. From time to time, we may use your data to bring you relevant and valuable promotional and discount offers, which is sending to you directly via email or address that you provided to us. We do not buy, sell or trade our members’ information. If you do not wish to receive such offers, please contact us at 1-888-501-2582.

Cancellation and Termination

1. You have the right to cancel your membership at any time. Because points are not redeemable for cash, you will not be entitled to any payment from us upon cancellation. You may cancel your membership by contacting us at 1-888-501-2582.
2. In our sole discretion, we may terminate your membership, including your account, without notice, for any reason, including without limitation our belief that any continued use of such membership would violate any provisions of this Agreement, applicable law or otherwise be harmful to our interests.
3. In our sole discretion, we may at any time and from time to time terminate, suspend, modify or change any or all of the benefits available under the Program or other terms associated with the Program, with or without notice.

Our Privacy Policy

1. When you enroll in the Program, we collect the following information from you: name, address, email address, home phone and personal PIN (collectively, the “personal information”). We use your personal information for a variety of purposes, including but not limited to targeted marketing. We do not collect credit card information or other personal financial information.
2. We protect your personal information by using Secure Sockets Layer (SSL) encryption technology security standards supported by Microsoft Internet Explorer 8.0 and higher, along with other popular browsers, before any such information travels over the internet.
3. We do not sell or trade your personal information to third parties, and we have no intention of doing so in the future. On occasion, we may share names and email addresses with our Mall Partners for specific and pertinent use, but only if you have opted to receive promotional emails from us and our partners. We may also share your personal information with third parties involved in the Program’s administration. Those parties, however, will not sell or trade your personal information and will use such information solely for purposes relating to the Program’s administration.
4. You may change your personal information at any time by updating your membership profile. To do this, visit www.phinneysrewards.com

Disclaimers: Limitation of Liability

1. Use of the program and its associated benefits is at your sole risk. Membership in the program is provided on an "as is" and "as available" basis.
2. Phinney’s Automotive Center and all of its respective affiliates, directors, officers and agents (collectively "membership 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 and non-infringement.
3. Membership providers make no warranty that (a) the program will meet your requirements or expectations, (b) the program will be uninterrupted, timely, secure, or error-free, or (c) the quality of any products, services, information, or other material purchased or obtained through use of the program will meet your requirements or expectations.
4. Membership providers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if a membership provider has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the program or any benefits thereof; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered via the use of the program; (c) unauthorized access to or alteration of the program data; or (d) any other matter relating to the program.
5. Please note that 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.

Governing Law

This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflicts-of-law principles.

Binding Arbitration

Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude us from seeking any injunctive relief in state or federal courts for protection of our intellectual-property rights (including any intellectual-property rights of our licensors).

Acknowledgement

This Agreement, including all documents referenced herein, represents the entire understanding between you and the Phinney’s Automotive Center with respect to the Program, and supersedes any other agreements, statements or representations relating to the Program. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. By enrolling or using the Program, you are deemed to have accepted the terms and conditions of this Agreement.

Changes To This Agreement And The Program

We may change the terms of this Agreement, in our sole discretion, at any time by posting a revised Agreement on the Program website located at www.phinneysrewards.com or by notifying you of such change in writing either by mail or email to the address in your member account. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at www.phinneysrewards.com or by calling us at 1-888-501-2582. Courtesy copies are also available at Phinney’s dealerships. Check the Program website (at www.phinneysrewards.com for the current version of this Agreement and other information relating to the Program, your membership and your account.