Fessler’s Garage, LLC Loyalty Program Terms & Conditions

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1. Membership Eligibility and Overview

1.1. The Fessler’s Garage, LLC Loyalty Program (“Program”) is offered at the sole discretion of Fessler’s Garage, LLC (“Fessler’s Garage”, “we,” “our” or “us”).  The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are residents of Pennsylvania and at least 18 years of age or older and who provide and maintain a valid email address are eligible to become members. Individuals employed by our vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program.

1.2. To participate in our loyalty program, your (individually and collectively, “you,” “your,” or “Member”), account must be in good standing. This means that all account activities, including payments, orders, and any other activities, must be current and must comply with our terms and conditions. Accounts with outstanding issues such as unpaid balances or violations of our policies may be disqualified, at our discretion, from receiving loyalty rewards or benefits. Maintaining a positive account status ensures that you continue to enjoy all the exclusive perks and rewards that come with our loyalty program.

1.3. By joining the Program and becoming a Program member, you agree that you have read, understand and agree to be bound by these Program Terms and Conditions of Participation (“Program Terms”) and by any changes or modifications we may make.  You should review these Program Terms to understand the terms and conditions that apply to the Program as they may change from time to time.  These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for parts and/or services.  By enrolling in the Program, you also agree to be bound by our Privacy Policy which is incorporated herein by reference.  If you do not agree to these Program Terms and our Privacy Policy you cannot participate in the Program.  The Program is void where prohibited by law.

2. Program Enrollment

2.1. Eligible individuals may enroll in the Program by visiting us in person at our location or visiting www.fesslersgaragellc.com (collectively, the “website”) and sending a message from the contact page requesting to register for the Program. 

2.2. You are required to provide your first name, last name and a valid email address in order to enroll. By providing your email address, you agree to be contacted by email about specials and/or Program related information.  You may also provide us with your mailing address and mobile phone number, but this information is optional for this Program enrollment.  You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information by visiting us in person at our location or visiting the website and sending a message from the contact page requesting an update to your information.

2.3. Only one Program account may be associated with a single email address.  In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment.  For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

3. How the Program Works and Program Benefits & Rewards

3.1. The Program is a way in which we reward and thank our loyal customers for purchasing parts and/or services and/or taking other Program related actions.  For your purchase to qualify for the Program, you must be enrolled in the Program and make an eligible purchase as defined in Section 3.3. You will receive 1 stamp on your loyalty program card for each qualifying purchase/service. After you receive 5 stamps on your loyalty program card, you will be eligible for 1 free oil change (which includes 1 STP brand oil filter and up to 6 quarts of oil). If your vehicle requires more than 6 quarts of oil or you request a filter other than our provided filter, you may be charged for the additional oil and/or filter at the discretion of Fessler’s Garage, which will be discussed with you prior to the oil change. Purchases/services that took place prior to enrollment in the loyalty program will not qualify for a stamp. Additionally, Program members may be eligible for promotional discounts on certain items or services as advertised. These discounts may change from time to time and may be offered on a limited basis or while supplies last. These discounts or specials may be advertised by email, on our website, on our Facebook page or at our location.

3.2. When you redeem your free oil change, you must submit/surrender your fully stamped Program Loyalty Card. You will receive a new blank card. The free Oil Change does not qualify for a stamp.

3.3. Eligible purchases include: Any purchase of service or parts only, with a pre-tax total of $65.00 or more, unless excluded in Section 3.4.

3.4. Exclusions: Members will not receive stamps or benefits from the following services and/or purchases: PA State Inspections; Free Oil Change from Loyalty Program redemption; Mount & Balance Tires if tires are not purchased through Fessler’s Garage, LLC; air in tires; any service for which we do not charge any fee; any purchase of promotional items (such as t-shirts, hoodies, beanies, mugs, etc.); services or items purchased under promotional discounts; purchase of gift certificates; use of gift certificates unless remaining balance due after gift certificate is applied exceeds $65.00 pre-tax. 

3.5. Rewards may not be exchanged for cash. Free Oil Change from Loyalty Program redemption may not be exchanged for cash.

3.6. Free Oil Change after 5 eligible services does not expire if not used; however you must retain your fully stamped Program Loyalty Card and present it for redemption. Once redeemed, you must surrender your fully stamped card and you will receive a new blank card if you do not already have another card. The free Oil Change does not qualify for a stamp.

3.7. Neither accounts nor Program benefits may be shared or combined.  Only the member who holds the Loyalty Program account may accumulate and redeem stamps and/or be eligible for promotional discounts or services.

3.8. Benefits, Items and/or Stamps earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits.  Stamps credited to your Program account will be decreased or reversed, as applicable, if the credit is obtained through fraudulent or other activity that violates these Terms.  The sale, barter, transfer, or assignment of any items or benefits offered through the Program, other than by us, is expressly prohibited.

3.9. Items cannot be exchanged or returned for stamps, another item or a monetary refund.

3.10. The items and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the items, products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any items or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

3.11. We are not responsible for items, benefits and/or stamps lost or redeemed due to fraudulent activity.

3.12. We reserve the right to change Program benefits, how you earn stamps and how we evaluate and reward your eligible purchases and/or other Program activity.  We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or the number or types of items or benefits you may receive or earn in a given time period or for the duration of the Program, and/or any combination thereof. 

3.13. If you have concerns that a service or other activity was not properly applied to your account, you should contact Fessler’s Garage, LLC via the website contact page.  Your message must specify your full name and the email address associated with the Program, the date of the Program activity, and the issue(s) you encountered.  This message must be sent no more than thirty (30) days after the date the service or other Program activity in question took place.  We are not responsible for late notifications about services or other Program activities not being credited to an account.

3.14. Stamps can only be redeemed in person at our location.

4. Program Communications

4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving Program related emails.

4.2. You may opt-out of receiving Program related emails related to promotions and specials at any time by contacting us through our website contact page or by visiting us in person at our location, however operational emails will still be sent to you as they relate to your membership in the Program.  Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you opt out of operational emails, your membership in the Program will terminate immediately. If you terminate your Program membership, you will no longer receive Program-related communications.

5. Termination and Modification

5.1. The Program and its benefits are offered at our sole discretion.  We may, in our discretion, cancel, modify, restrict or terminate these Program Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of stamps or benefits already accumulated or earned and/or the ability to redeem accumulated stamps or benefits.

5.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion.  Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity (i.e. no purchases/services; no stamps earned or redeemed) for more than 12 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program stamps, rewards, items, cards, credits, and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program.  If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.

5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by contacting us through our website contact page or by visiting us in person at our location. If you cancel your membership, you forfeit any accumulated stamps or items you have not yet received.

6. Disclaimer of Warranties; Limitation of Liability

6.1. Fessler’s Garage, LLC does not make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the program or any of the items, rewards or benefits associated with the program including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

6.2. You agree that Fessler’s Garage, LLC will not be responsible or liable in contract, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the program; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on the website or use of any reward or benefit of the program; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the website; (f) any inaccuracies or omissions in program content; or (g) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected.

6.3. Further Fessler’s Garage, LLC will not be liable for any direct, indirect, special, exemplary, punitive, incidental, or consequential damages of any kind (including lost profits) related to the program and/or your participation therein, whether in contract, warranty or in tort (including negligence), which arise out of or are in any way connected with the Loyalty Program, these Program rules or our operation of the Loyalty Program, even if we have been advised of the possibility of such damages.

6.4. You agree that no claims or action in contract, warranty or in tort (including negligence) arising out of, or related to, your participation in the program, use of any rewards or other benefit or these terms may be brought by you more than thirty (30) days after the cause of action relating to such claim or action arose. If you are dissatisfied with the program, termination of your membership in the program is your sole remedy. We have no other obligation, liability, or responsibility to you.

7. Indemnification

7.1. You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.

8. Governing Law and Disputes

8.1. This Program and these Program Terms will be governed by and construed under the substantive laws of the State of Pennsylvania, as if they were a contract wholly entered into and wholly performed within Pennsylvania and without reference to conflict-of-laws considerations.

8.2. Any dispute/disagreement relating in any way to this Program, these terms, your Program membership, or the relationship between the parties shall be submitted to Fessler’s Garage, LLC in writing.  All final decisions regarding any dispute shall be made at the sole discretion of Fessler’s Garage, LLC, and you will not have the right to sue in court or to have an arbitrator, judge or jury decide your claim. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. 

8.3. You agree that any claim shall be limited to the dispute/disagreement between us and you individually, and (i) no dispute shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

9. Privacy

9.1. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our Privacy Policy.

10. Contact Us

10.1. For information about the Program and your membership, contact us through our website contact page or by visiting us in person at our location.  You will be required to confirm your full name and email address in order to validate your account. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.