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TERMS AND CONDITIONS


TERMS AND CONDITIONS

 

Dorman Brand Loyalty Program

 

These Terms and Conditions (these “Terms”) were last revised on and are effective as of November 1, 2022.

This Brand Loyalty Program (the “Program”) is open to selected end users  of products and services offered by Dorman Products, Inc. and its subsidiaries (collectively, “Dorman”). VOID WHERE PROHIBITED BY LAW.

This Program is a loyalty rewards program sponsored by RB Distribution, Inc., a wholly-owned subsidiary of Dorman Products, Inc. (“Sponsor”). This Program will allow each registered and active participant (each, a “Participant”) to redeem earned points (“Points”) collected in connection with such Participant’s valid purchase of Dorman products and services and/or participation in specified events or activities (collectively, “Activities”) for certain rewards or other items ("Rewards"), subject to availability and these Terms. All Rewards are described in the “Rewards” catalog via the Program website located at DormanRewards.com (the “Website”).

1.     Program Participation and Eligibility

The Program is scheduled to begin on or about November 1, 2022 at 12:01 am Eastern Time and will remain in effect until such date and time as Sponsor notifies Participants of its termination via DormanRewards.com (the “Promotional Period”); however, Sponsor reserves the right, at its sole discretion, to shorten, suspend, terminate, or extend the Promotional Period or the Program at any time even though changes may affect the value of Points already accumulated or a Participant’s ability to use accumulated Points.

The Program is open to (a) permanent legal residents of the fifty (50) United States and the District of Columbia (excluding residents of Puerto Rico and U.S. Territories and Possessions); (b) who are 18 years of age or over; (c) who are customers of Sponsor; and (d) who have been invited by Sponsor to participate in the Program. The Website is intended for viewing only within the United States and no person is authorized or eligible to participate in the Program if such person is located outside of the United States. All Program Participants must have valid email addresses, mailing addresses and internet access. 

The Program is void where prohibited by law. If entering a trade promotion or rewards program is a violation of your company’s policies, do not participate in this Program.

By participating in the Program, Participant represents and warrants that (i) it has read, understands and unconditionally accepts these Terms, as they may be modified from time to time without notice to Participant, (ii) it meets each of the eligibility requirements set forth in these Terms, and (iii) it has received the appropriate authorization from its employer (if any), to participate in the Program.

None of the following persons or entities may be Participants or otherwise participate in the Program: (a) any directors, officers, or employees of any government, healthcare and education entities;  (b) directors, officers or employees of Sponsor, or of any of Sponsor’s parent companies, affiliates, divisions, franchisees, and subsidiaries; (c) Sponsor’s advertising, marketing, and promotion agencies (collectively, those covered by clauses (a), (b) and (c) are referred to herein as the “Sponsor Entities"); or (d) members of the immediate family (defined as spouses, parents, siblings and children, and each of their spouses) and members of the households of any of the foregoing.

2.     Program Registration and Accounts

Each Participant is required to establish an account to earn Points and redeem them for Rewards (each, an “Account”). Participants may view their Accounts via the Website.

A Participant may only register for and use one (1) Program Account. The Program Account will represent either the Participant’s business or the individual owner/operator of that business. Participants are expressly prohibited from fraudulently attempting to open multiple accounts using fictitious or alternative sign-on information. Violators are subject to Account and Point termination/forfeiture. Accounts are non-transferrable. To change the primary Participant, Program participants must visit the program Website. Participants are responsible for the accuracy of Program registration data provided to Sponsor, including email address and street/mailing address. Sponsor is not responsible for changes in Participant’s email address or street/mailing address.

If Participant wishes to opt-out of the Program and/or cancel its Account, then Participant must email support@urewards.com.

Termination of any Account for any reason will result in a loss of all accumulated Points in such Account. A Participant whose Account has been terminated for any reason may not open a new Account.

3.     Collection and Expiration of Points

Participants earn Points for Activities specified in the Program. The amount of points earned is set forth in the “Rewards” catalog via the Website. Points will be awarded monthly for eligible Activities. Points can only be distributed through Participant’s Account. Sponsor reserves the right to offer incentives, multipliers or bonuses that incrementally reward some Activities above the baseline level. 

All Points expire two (2) years from the date Points are earned. In the event a Participant fails to redeem their points on or before the expiration date, the Points will be forfeited and go unredeemed.

The number of Points awarded, and the value thereof is subject to change at any time.  Subject to the terms hereof, Participant will be eligible to receive the number of Points associated with each Activity, as published in these Terms, as of the time of redemption of the Points.

4.     Redemption of Points for Rewards

Points may only be used to redeem selected Rewards offered in the Rewards catalog located on the Website, while supplies last. Each Reward will have a Point value assigned to it on the Website at the time of redemption. To receive a Reward, a Participant must have a sufficient number of Points in such Participant’s Account. Points will be subtracted from a Participant’s Account once the Reward is requested.   Sponsor reserves the right to modify the list of Rewards and other items available for redemption, as well as their corresponding Point values at any time during the Program and for any reason at its discretion.

To redeem Points, a Participant is required to navigate through the items listed in the Rewards catalog and choose the Reward(s) available for which Participant has sufficient Points for redemption.  Participant is required to click the related link and follow the instructions to complete the redemption transaction.  Each Participant is responsible for ensuring that Participant’s Account information is accurate and up to date.  Rewards may be fulfilled by Sponsor’s third-party suppliers / fulfillment partner(s).

Points may only be used at the Website and have no cash value.  Points do not constitute property and may be revoked at any time. Points are not assignable, and Points may never be sold, exchanged, bartered, transferred or given away.  Any Points remaining in a Participant’s Account at the end of the Promotional Period (and the expiration of the sixty (60) day redemption period following the end of the Promotional Period as discussed more fully below) will be forfeited and go unredeemed. Sponsor endeavors to keep the Website error free, but if Points are credited to an Account due to a programming error or regular maintenance, Sponsor reserves the right to adjust or reverse such a transaction with respect to such Account. Points can be used as they are earned, subject to Participant’s Account being “current” under Dorman’s applicable credit terms and the terms and conditions relating to Participant’s accounts receivable balance.

Participants who opt-out of the Program at any time during the Promotional Period may not earn or redeem any Points; provided, however, such Participants will have a period of sixty (60) days from the opt-out date to redeem any Points earned during the Promotional Period. All Accounts that remain in good standing and enrolled in the Program upon the expiration of the Promotional Period or early termination of the Program will have until sixty (60) days thereafter to redeem any remaining Points balances.

Any inactive Participant who has not engaged in any Activity for a period of one (1) year will have sixty (60) days from the one (1) year anniversary of that Participant’s last Activity to redeem Participant’s Points, or the Points will be forfeited and go unredeemed.

Sponsor is not responsible for any mail, shipment or handling errors in connection with the delivery of any Reward. All redemptions for Rewards are final, and Sponsor assumes no responsibility for any loss, damage, defect, injury, death or expense relating to any Reward claimed by a Participant in this Program. Participant understands that by redeeming Points, Participant’s personal information may be shared with Sponsor’s third-party suppliers for fulfillment purposes. Participant further acknowledges that Rewards may come from third party suppliers and that Sponsor is not responsible for the quality of goods and/or services of any Reward claimed by a Participant in the Program.  Sponsor assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any Reward including but not limited to the fulfillment and timeliness of delivery of such Reward.

5.     Shipping and Handling

Shipping and handling are included in the cost of the Reward merchandise (e.g., Points shall be required to be used for shipping and handling charges). Each Participant must have a valid U.S. shipping address and phone number. Reward merchandise will be shipped to the address listed on the applicable Account.

6.     Taxes

Each Participant is responsible for all taxes that may apply or otherwise be owed in connection with the receipt of Points and Rewards. Participants should consult their tax advisers if they have any tax questions regarding the Program, redemption of Points or receipt of Rewards.

7.     Limitation of Liability

EACH PARTICIPANT AGREES THAT SPONSOR AND ALL SPONSOR ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY, THE PARTICIPANT FOR ANY LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY REWARD OR PARTICIPATION IN THIS PROGRAM OR ANY PROGRAM-RELATED ACTIVITY. SPONSOR ENTITIES DISCLAIM ALL WARRANTIES AND EACH PARTICIPANT WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING, BUT NOT LIMITED, WITH RESPECT TO EACH REWARD. EACH PARTICIPANT AGREES TO RELEASE, INDEMNIFY AND HOLD THE SPONSOR ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF LIABILITY, LOSS OR DAMAGE, JUDGMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND ATTORNEY’S DISBURSEMENTS) ARISING OUT OF OR INCURRED IN CONNECTION WITH PARTICIPATION IN THIS PROGRAM OR THE ACCEPTANCE OR USE/MISUSE OF ANY REWARD.

EACH PARTICIPANT AGREES THAT THE SPONSOR ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY REWARD OR PARTICIPATION IN THIS PROGRAM OR ANY PROGRAM-RELATED ACTIVITY, REGARDLESS OF LEGAL THEORY, EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE SPONSOR ENTITIES IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY REWARD OR PARTICIPATION IN THIS PROGRAM OR ANY PROGRAM-RELATED ACTIVITY EXCEED THE AMOUNT OF THE REWARD THAT IS THE SUBJECT OF THE CLAIM.

None of the Sponsor or any Sponsor Entity is responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, any Sponsor Entity, users or by any of the equipment or programming associated with or utilized in the Program or by technical or human error which may occur and/or which may damage a user's system or limit a Participant’s ability to participate and/or redeem Reward in the Program. All expenses not specified herein are the Participant’s responsibility.

8.     Participant Conduct

Participant agrees not to engage in conduct which is detrimental to the Program, including, without limitation, attempting to accrue Points or redeem Points in a manner inconsistent with the Terms, having multiple Accounts, redeeming or attempting to redeem Points on the behalf of other Participants, participating in purchasing or redemption fraud, or using any robot, spider, other automatic device or manual process to transact with or monitor the Program.

9.     Program Support

Program support is available via email at support@urewards.com or through Program’s online ticket submission.

10.   Governing Law; Arbitration

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

As a condition of participating in the Program, Participant agrees that all causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action and shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  

11.   Waiver

Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.

12.   Severability

Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect.

13.   Privacy Policy

Each Participant consents to receive email messages from Sponsor and/or one of its affiliates in connection with the Program, and consents to Dorman’s collection and use of Participant’s personal information in accordance with these Terms and as otherwise set forth in Dorman’s Privacy  located on the Rewards website and available at the following link: https://www.dormanproducts.com/pages/web/privacy.aspx.

14.   Website Terms of Use

To the extent that a Participant accesses the website of any Sponsor Entity to participate in the Program, such Participant agrees that such access is governed by such website’s terms of use, which is set forth at the following link:  https://www.dormanproducts.com/pages/web/terms.aspx.

15.   Sponsor’s Ability to Administer, Modify and Terminate the Program

Participant agrees to these Terms and to all decisions of Sponsor, or its designated agent, which are final and legally binding in all respects.

In addition to any other legal or equitable remedy which may be available to Sponsor under applicable law, Sponsor reserves the right at any time to limit Program enrollment and may terminate, void or cancel the Program or any individual Participant’s Account, or portion thereof, if any Points are issued, received, submitted for redemption, or redeemed illegally, or through fraud, theft or in contravention of the Terms, or in the event that any virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupts or impairs the security of the Website or Program, including but not limited to an attempt by any person to hack into or otherwise tamper with underlying source code/programming of any part of the Website. 

Notwithstanding the forgoing and without limitation, Sponsor further reserves the right, at any time, without notice and in its sole discretion: to modify the list of eligible Activities; to modify or change the number or value of Points values assigned to any Activity; to modify Points redemption procedures, including the number of Points required for redemption of a particular Reward; to modify or limit the collection of Points, including but not limited to imposing time limits and changes in Reward values; to modify or eliminate the availability of any Reward; and to alter, limit, modify or otherwise supplement the Program Terms, including, but not limited to, the duration of the Promotional Period. Without limiting the foregoing, such modifications may (i) govern, limit or restrict a Participant’s use of Points earned prior to, on or after the date of modification, (ii) change the value of already accumulated Points or other benefits, or (iii) both (i) and (ii).

The sole and exclusive remedy of Purchaser, at law or in equity, under any legal theory or theories of recovery whatsoever, including without limitation under theories of negligence, breach of contract, breach of warranty, tort or otherwise, shall be limited to a refund of a portion of the compensation payable under this Agreement equal to the damages resulting from URewards failure to perform as provided in this Agreement.

URewards.com and URewards Rewards are owned and operated by Brandmovers Motivation Solutions.

Website Terms of Use

Brandmovers Holdings Inc., and its subsidiaries and affiliates (collectively, "Brandmovers"), provide this Website to you subject to your acceptance of the following terms, conditions, notices and policies stated or referred to here. As we modify our website and take advantage of developing technologies, these terms, conditions, notices and policies ("Terms of Use") will most likely change. Therefore, we encourage you to refer to these Terms of Use on an ongoing basis. Your use of this website constitutes your acceptance of, and agreement to, these Terms of Use

Laws And Regulations

Your access to and use of this website is subject to all applicable federal, state and local laws and regulations. Award and gift offers are void where prohibited by law. The laws of the state of Missouri, without regard to principles of conflict of laws, will govern use of this website, any transactions and any dispute of any sort that might arise between you and Brandmovers.

Intellectual Property

This website may contain proprietary notices and copyright information, the terms of which must be observed and followed. Any content on this website, including but not limited to graphics, logos, text, icons, images, audio or visual clips, digital downloads, data compilations and software is the property of Brandmovers, a Brandmovers affiliate, their licensors or content suppliers, and is protected by United States and international copyright, trademark and other applicable laws. The compilation of content and all software on this website is the exclusive property of Brandmovers and is protected by US and international copyright laws. You are prohibited from modifying, copying, uploading, distributing, transmitting, reverse engineering, displaying, publishing, selling, licensing, creative derivative works or using any content on this site for commercial, competitive or public purposes.

Any material or information you transmit to this website by email or otherwise, including any data, questions, comments or suggestions, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Brandmovers for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and Brandmovers is free to use any ideas, concepts, know-how, or techniques contained in any information you send to this website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

No Warranties

THIS WEBSITE AND ALL INFORMATION ON THE WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. EVERY EFFORT HAS BEEN MADE TO ENSURE THAT INFORMATION IS ACCURATE, BUT Brandmovers IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. INFORMATION ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Brandmovers MAY PROVIDE LINKS TO OTHER SITES AS A CONVENIENCE BUT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. Brandmovers DOES NOT NECESSARILY ENDORSE, AND IS NOT RESPONSIBLE FOR, ANY THIRD-PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

Limitation Of Liability

Brandmovers specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if Brandmovers has been advised of the possibility of such damages, including liability associated with any viruses which may infect your computer equipment.

Indemnification

You agree to indemnify, defend and hold harmless Brandmovers, and its officers, directors, employees, contractors, agents, licensors, vendors, subcontractors and content providers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and costs (collectively, "Losses"), arising from your use of the website or any violation of the Terms of Use. If you cause an interruption of service to the website or the systems transmitting the website to you or others, you agree to be responsible for any and all Losses arising from such interruption. Brandmovers reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case you agree to cooperate with Brandmovers in the defense of such matter.

Violations of Terms of Use

Brandmovers reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the website. Any attempt by you to interrupt, damage or interfere with the proper working of the website or to intercept any system, data or personally identifiable information from this website is prohibited. Brandmovers reserves the right to limit or terminate your access to or use of the website at any time without notice.

Access To Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the website may be subject to prosecution.

Jurisdiction

This website is created, operated and controlled by Brandmovers from its offices in Atlanta, GA USA. Brandmovers makes no representation that this website or the materials available on this website are appropriate or available for use in other locations, and access to or use of this website from jurisdictions where its content is illegal is prohibited. The laws of the State of Missouri govern these Terms of Use, and your use of the website, and you consent to the jurisdiction of the courts located in the County of St. Louis for any action arising out of or relating to these Terms of Use.

Entire Agreement and Admissibility

The Terms of Use posted on this website constitute the entire agreement and understanding between you and Brandmovers with respect to its subject matter and supersedes all prior communications, oral or written, between the parties with respect to such subject matter. If any portion of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions will in no way be affected or impaired as a result.

The Awards Bank System ("ABS") provides URewards Rewards Point recipients with access to individual awards through an electronic record keeping and processing system into which award points ("URewards Rewards Points") are deposited and assigned to individual recipient accounts. An awards account is established for each program recipient earning URewards Rewards Points in accordance with the agreed upon program rules structure. Each Merchandise Catalog URewards Rewards Point is purchased at a cost of ${this.props.account.point_price}. URewards Rewards Points are deposited into individual recipient ABS accounts as purchased by the authorized client. URewards Rewards Points become the property of the recipient upon issuance, subject to the terms and conditions set forth herein, and are not transferable or refundable to the Purchaser or any third party. The reward account will become dormant 24 months after the last issuance or redemption activity and expire six months after the last sponsoring client issuance into any account. URewards Rewards Points deposited in recipient reward accounts may be used to purchase items featured in the URewards Rewards web site. URewards Rewards Points are removed from the recipient's account immediately upon exchange. All URewards Rewards Points must be redeemed exclusively through the URewards Rewards web site, regardless of when redemption occurs as long as the account is not expired.

Customers (Purchasers) are charged for URewards Rewards Points at time of issuance at the rates set forth on the Site. Each recipient for whom a reward account is established will be assigned an account number and will receive a URewards Rewards notification/ welcome email.

Recipients will be responsible for safekeeping their account information, and for any loss, misuse or unauthorized activity pertaining to their account. If a recipient loses his or her account information or otherwise believes the security of the account information and/or account number may have been compromised, his or her URewards Rewards Points Account can be deactivated and a replacement established within 48 business hours following receipt of notification from the recipient by the Customer Service Center. URewards Rewards Points redeemed prior to deactivation will not be reinstated. Recipients will be provided one replacement rewards account information free of charge for the first request.

The URewards Rewards Points redemption site (URewards Rewards) provides recipients with access to a broad selection of rewards. All items featured on the URewards Rewards site are valued in reward points. Prices set forth on the URewards Rewards sites are subject to change without notice. Redemption is subject to all terms and conditions set forth on URewards Rewards. Reward points are removed from the recipient's reward account immediately upon use.

The URewards Rewards site includes separate shipping and handling charges for each merchandise award offered. Recipients are responsible for paying this charge in reward points, and also are responsible for paying any applicable sales/use tax in reward points. We reserve the right to change elements or terms and conditions of any reward offerings, at any time without notice. If a reward offering is discontinued, reasonable efforts will be made to offer a substitute of equivalent quality. All reward offerings are subject to availability. The URewards Rewards site may make model substitutions of equivalent value without advance notice when necessary. Reward offers are void where prohibited by law. Every effort has been made to ensure that information regarding products and services offered by participating award suppliers is accurate, but URewards Rewards is not responsible for any errors or omissions in such information.

URewards Rewards maintains no control over the manufacturers of reward merchandise, or over the personnel, equipment or operations of any air, water or surface carrier, ship line, transportation company, hotel, restaurant, tour company, or other person or entity providing travel services, general services, products or accommodations as an award, because all suppliers offering products and/or services through the awards program are independent contractors. Accordingly, URewards Rewards makes no guarantees, warranties or representations of any kind, expressed or implied, with respect to products, services or merchandise, nor does URewards Rewards accept any liability for any loss, expense, damage or injury incurred as a result of any defect in or failure of such items. URewards Rewards SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. URewards Rewards shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity which may be caused or contributed to: (1) by any wrongful, negligent or unauthorized act or omission on the part of any supplier of an reward offering; (2) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation which is owned, operated, furnished, sold or otherwise used by any such supplier; (3) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not under our direct control; and/or (4) by any other cause, condition or event whatsoever beyond our direct control. In no event will URewards Rewards be liable for any punitive, special, indirect, or consequential damages, even if such damages are foreseeable.