PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS POINTS PLUS PROGRAM® WEBSITE (THE “WEBSITE”).
Eligible Participants and their Users access to and use of the Website is subject to these terms and conditions (including the Website Privacy Policy) and all applicable laws. By accessing and using this Website, You signify that You are authorized to provide and do assent on behalf of Yourself, and where applicable the Eligible Participant on whose behalf you are serving as an Administrative User, to these Terms of Use. If You or Your Eligible Participant do not agree to these Terms of Use, You are not authorized to and must not access or use the Website. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time by the Administrator and/or Sponsor. Any such changes or additions will be reflected through an updated posting on the Website. The Administrator of the Website will make best efforts to provide advance notice of any material change to these Terms of Use (by e-mail or other reasonable means) however You are encouraged to check these Terms of Use periodically for changes. Your continued use of the Website following notice and/or posting of changes to these Terms of Use means You and the Eligible Participant accept those changes and that such changes shall apply to Your continued use of the Website. We reserve the right to modify, suspend or discontinue this Website or any features or portions thereof without prior notice. You agree that Administrator, Sponsor and Your applicable OEM shall have no liability for any modification, suspension or discontinuance of this Website or any part thereof. Use of this Website is for commercial purposes only and is in furtherance of the Eligible Participant’s participation in the Points Plus Program being sponsored by Dealer Tire, LLC with the consent of the Eligible Participant’s applicable OEM.
Definitions.
Administrator means 360insights Ltd., a third-party service provider engaged by Dealer Tire, LLC (the Program Sponsor) to operate and administer the function of the Website. Neither Dealer Tire, LLC nor the OEM are Administrators of this Website.
Administrative User means an individual employed by the Eligible Participant who has been designated by them as its authorized agent to receive administrative access to the Website on their behalf (usually a Parts Manager or Service Manager of the Eligible Participant). Only Administrative Users have authority to designate other Authorized Users and complete points redemptions on behalf of the Eligible Participant.
Authorized User means an individual employed by the Eligible Participant who is granted non-administrative, restricted access to the Program Website by the Eligible Participant’s Administrative User. Authorized Users may not have access to the entire Website or its functions and are not permitted to redeem points through the Website on behalf of the Eligible Participant.
Eligible Participant means an OEM franchised automobile dealership that is eligible to participate in the Program and which has agreed to these Terms of Use and the Program’s terms and conditions of participation through their Administrative User.
OEM means the original equipment automobile manufacturer which has authorized Sponsor to make this Program available to its Eligible Participants. The OEM is neither the Sponsor nor the Administrator of the Program or this Website.
Privacy Policy means the privacy policy applicable to the Website and its access/use which is accessible through the Website itself and can further be accessed here.
Program means the Points Plus Program® and its various components which is intended to offer Eligible Participants the ability to earn and redeem direct rewards for the purchase of eligible products in accordance with their OEM specific Program’s applicable terms and conditions of participation. This Program is strictly for business-to-business commercial purposes.
Sponsor means Dealer Tire, LLC., whose registered office is at 7012 Euclid Ave, Cleveland, OH 44103.
User, Your, or You in these Terms of Use refers generally to Administrative Users and Authorized Users regardless of their level of permitted access to the Website.
Website means this Points Plus Program® website.
You agree to at all times comply with the Website’s Privacy Policy as may be updated from time to time. The Website Privacy Policy can be found here. As an Administrative User, You agree for the Eligible Participant that You are responsible for ensuring only authorized employees are granted User access to the Website. The sharing of passwords and/or Website access to non-Users is strictly prohibited. Eligible Participants and/or Administrative Users are responsible for providing timely updates should there be changes to its User permissions. In no event may a User register, access, or use the Website through another User’s Website access or Website credentials.
You must notify the Administrator as soon as possible (and no later than 24 hours) (i) if granted access to content on the Website for which You do not reasonably believe You should have access or which access was done mistakenly; or (ii) You become aware that another User within Your company/organization has been granted access to information which You do not, acting reasonably, believe they should have access.
To the maximum extent permitted by applicable law, You agree that the Administrator, Your applicable OEM and Sponsor of this Website shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond their reasonable control, including, but not limited to the acts of third parties, errors in the content or Website, network failures, internet failures, software and hardware failures, viruses and other system attacks, labor stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration, or use of User or Eligible Participant data.
As a User of the Website, You may not directly or indirectly:
copy, disclose, modify, or reverse engineer the Website or any of its components or content (including software);
replicate the Website or create a separate border around any part of the Website’s content (also known as “framing”);
remove, change, or obscure in any way the Website or its content, including any copyright, trademark, or other intellectual property right notice, unless specifically authorized in writing by the Administrator and Sponsor;
use the Website for illegal purposes or in breach of any applicable laws, statutes, or regulations;
use the Website to receive, access, or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, indecent, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable;
misuse the Website by knowingly or recklessly introducing viruses, trojans, worms, logic bombs, or other material which could be considered malicious or technologically harmful.
attempt to gain or assist others in gaining unauthorized access to the Website or any of its components or systems.
attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, You may be committing a criminal offense (e.g. the Computer Fraud and Abuse Act). Such conduct is subject to reporting to the relevant law enforcement authorities and may result in the disclosure of Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
The Administrator and Sponsor reserve the right, in their sole discretion, to suspend and/or terminate a User’s access to and/or use of the Website for violating these Terms of Use, the Program terms and conditions of participation, or the Website’s Privacy Policy.
By accessing the Website, You agree to receive communications and/or notifications about the Website, the Program, and any updates to these Terms of Use via email or other electronic means.
Once granted authority to access the Website on behalf of an Eligible Participant, You may be required to register an account with the Website to become a User. This is done via a registration page on the Website or via an email communication. Users are responsible for providing accurate information and notifying the Administrator of any changes to their contact information. The Administrator and/or Sponsor reserve the right to deny approval of a User registration if the information provided is inaccurate or incomplete, or otherwise is deemed inappropriate or fraudulent.
Eligible Participants and Users shall be solely responsible for maintaining the confidentiality of passwords which may directly or indirectly provide User’s their access to the Website. The Administrator must be immediately notified of any known or suspected unauthorized use(s) of a User account, or any known or suspected breach of Website security, including loss, theft, or unauthorized use or disclosure of a password that could result in unauthorized access to the Website. Eligible Participants and their Users are fully responsible for all usage and activity on their User accounts.
User accounts are valid only while the User is employed by the Eligible Participant. Users are prohibited from accessing the Website or any User account following termination of their employment with the Eligible Participant.
Excluding Your data or content, the Administrator, Sponsor and/or Your applicable OEM and their licensors own all of the content featured or displayed on this Website, including text, graphics, photographs, images, moving images, sound, and illustrations (“Content”). All elements of this Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify any Content and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You will not remove any copyright, trademark, or other proprietary notice from any material found on this Website. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding Your use of this Website. This Website, Content, and all related rights remain the exclusive property of Administrator, Sponsor and/or Your applicable OEM of this Website or its licensors, unless otherwise expressly agreed, and are protected by U.S. and international copyright laws. All rights are reserved.
All trademarks, service marks and trade names of Administrator, Your applicable OEM and Sponsor used in the Website or the Content (collectively “Marks”) are trademarks or registered trademarks of Administrator, Your applicable OEM and Sponsor of this Website or its affiliates, partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way without their prior written consent.
Administrator respect the intellectual property of others, and Administrator asks all Visitors to this Website to do the same. If You are the owner of a United States copyright and You believe that Your work has been copied on any of this Website in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please contact and provide our Copyright Agent with the following information:
Administrator’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail:
Copyright Agent
360insights Ltd.
200 River Market Avenue #350
Little Rock, Arkansas 72201
WHILE THE ADMINISTRATOR OF THE WEBSITE IS COMMITTED TO USING ITS REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, NEITHER THE ADMINISTRATOR, SPONSOR, NOR ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, EMPLOYEES, DIRECTORS, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, OR SHAREHOLDERS (COLLECTIVELY, THE “PROGRAM OPERATORS”) OR YOUR APPLICABLE OEM MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE WEBSITE, ITS CONTENT, OR THE CONTENT’S ACCURACY. NEITHER THE ADMINISTRATOR, SPONSOR NOR YOUR APPLICABLE OEM ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN WEBSITE FUNCTION OR CONTENT.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM OPERATORS ALONG WITH YOUR APPLICABLE OEM, DISCLAIM ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM OPERATORS ALONG WITH YOUR APPLICABLE OEM DO NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS AND/OR VIRUSES. AS A USER OF THE WEBSITE, YOU SPECIFICALLY ACKNOWLEDGE THAT YOUR USE OF THIS WEBSITE IS AT YOUR (AND THE ELIGIBLE PARTICIPANT’S) OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM OPERATORS, ALONG WITH YOUR APPLICABLE OEM SHALL IN NO EVENT OR FOR ANY REASON BE LIABLE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER, HOWEVER ARISING IN CONNECTION WITH THESE TERMS OF USE AND/OR THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF USE.
NOTWITHSTANDING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PROGRAM OPERATORS AND YOUR APPLICABLE OEM FOR ANY REASON AND UPON ANY CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY THE USER WHICH SHALL IN NO EVENT EXCEED $100.00. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM USE OR THE INABILITY TO USE THE WEBSITE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE.
You, as a User of the Website, and the Eligible Participant, by and through its Administrative User’s consent to these Terms of Use, each agree to indemnify and hold the Administrator, Sponsor, and Your applicable OEM, and their respective parents and affiliates, along with each of their principals, shareholders, members, directors, officers, employees, agents, representatives, vendors and business partners (the “Indemnified Parties”) harmless from and against any and all claims, liabilities, damages and expenses (including attorneys’ fees and court costs incurred) brought against or incurred by the Indemnified Parties to the extent arising out of or relating to: (i) Your breach or alleged breach of these Terms of Use; and/or (ii) any third party claim resulting from Your submission of data or unauthorized content to or through the Website. This Indemnity obligation shall survive termination of Your use and/or access to the Website or the Program.
The Administrator maintains this Website in the United States, however certain User information contained within the Website may be accessible to certain of Administrator’s employees and/or subprocessors located in Canada and/or the United Kingdom for Program and/or Website related services. These Terms of Use shall be construed and enforced in accordance with the laws of the State of Delaware and the United States of America, without regard to their respective conflicts of law principles. These Terms of Use constitute the entire, complete and exclusive agreement between you, Administrator and Sponsor regarding this Website and supersedes all prior agreements and understandings with respect to the subject matter of these Terms of Use. Any lawsuit filed with respect to these Terms of Use and/or Your use of the Website shall be filed exclusively in the state or federal courts located in Cuyahoga County, Ohio, U.S.A. Any failure to exercise, or delay in exercising, any of the Administrator’s or Sponsor’s rights under these Terms of Use will not constitute or be deemed a waiver or forfeiture of those rights.
These Terms of Use were last updated 5/16/2022
