THE PIONEER POINTS+ LOYALTY PROGRAM TERMS AND CONDITIONS Enrollment/Eligibility The Pioneer Points+
Loyalty Program (“Program”) offered by Pioneer Electronics (USA) Inc.
(“Pioneer”) and managed by Harco Industries, Inc.
d/b/a Passpoints (“Passpoints”)
is offered to sales personnel employed by participating Authorized Pioneer Car
Electronics Dealers in the United States as a benefit for selling Pioneer Car
Electronics products. Members can redeem points for a variety of merchandise
and other awards. Pioneer reserves the
right to disqualify any member from participating in the Program if, in its
sole discretion, Pioneer determines that the member has abused, received, or
claimed points through fraud, theft, or otherwise illegally, or has otherwise
violated the Program Terms and Conditions. These rights are in addition to any
other legal or equitable remedy that may be available under applicable law.
Authorized Pioneer Car Electronics Dealers must submit a valid Distributor
Dealer Agreement to Pioneer by Dec. 31, 2013 or sales personnel may not be
eligible to participate. Program members must
register and create a profile on the Pioneer Points+ Loyalty Program website (www.pioneerpointsplus.com) to input eligible sales data, redeem points
for awards, review transaction history, manage Web profile information,
generate a customer service inquiry, and otherwise manage participation in the
Program. Earning Points Program points are
based on point values assigned to Pioneer Car Electronics products currently
available for sale. Program members earn
points by selling Pioneer Car Electronics products and registering their sales
on the Program website. The following
information is required to register a sale: ·
Retail
invoice/receipt/sales slip # ·
Image of invoice uploaded via the
Program website (scanned copy, digital photo, etc.) ·
Date
sold ·
Model # ·
Serial
number (if applicable – not all Pioneer Car Electronics products have serial
numbers) ·
Customer
name ·
Customer
address (street, city, state, zip) Pioneer reserves the
right to audit sales registered for points in the Program. Pioneer or Passpoints
may ask you to re-submit copies of invoices or other proof of sale to verify sales
that you have registered. Keep copies of
your invoices for at least six months after the date of Program point
registration. Redemption of Pioneer Points+ Loyalty Program Points Points are only redeemable through the online awards
catalog listed at the Program website (www.pioneerpointsplus.com). Travel and entertainment award redemption instructions will be posted in the item descriptions in the online catalog and/or separate promotional pages in the Program website. Points are non-transferable and are not redeemable for cash. Customer Service Customer service for
the Program is available from Passpoints via e-mail
at customercare@awardsheadquarters.net,
by U.S. Mail delivered to Harco Industries, Inc. d/b/a Passpoints,
333 South Van Brunt Street, Englewood, NJ 07631 and via telephone at (844) 329-0040 for Program members during the hours of 9 a.m. - 5 p.m. EST (or EDT
during applicable time periods), Monday through Friday, excluding holidays. Merchandise Returns Policy Merchandise may be
returned for any reason within the first 30 days after receipt, with the
exception of Projection Televisions, Televisions 24” or larger, digital
camcorders, digital cameras, and Apple devices and computers, which must be
serviced according to the terms of the manufacturer’s warranty. All returns must be packed in the original
manufacturer’s box and include all original packing materials and accessories. Merchandise reported
defective during the 30 day period will receive a UPS prepaid return label by
mail. Upon Passpoints’
receipt of returned defective merchandise, a replacement will be shipped,
unless otherwise notified. All merchandise that
is received damaged or defective must be reported to Customer Service within 30
days of receipt. Merchandise reported
damaged will necessitate Passpoints to file a claim
with UPS or the specified shipping company. For Truck Deliveries, the
merchandise must be inspected before you sign the bill of lading. Concealed
damage should be reported immediately to Customer Service, but must be reported
no later than 5 working days after acceptance. For obvious damage you must
either refuse the delivery or make sure you note the damage or shortage on the
bill of lading before you sign it. Upon receipt of the findings, a replacement
will be shipped unless otherwise notified. Return Authorizations will only be
issued for damaged items as long as a claim can be filed with the shipping
carrier. Merchandise that has been damaged must not be moved from the address
to which it was delivered. Termination Pioneer may, from
time to time and in its sole discretion, change, limit or discontinue any
aspect of the Program; amend the Rules, restrictions, benefits or features, in
whole or in part; modify, delete or terminate any or all of the Program
including participating awards, awards brands, adjust point levels, benefits,
or special offers, at any time. PIONEER may in its
sole discretion terminate or modify, without liability or notice, all or any
part of the Program, at any time. The Program may be suspended without notice
should events beyond PIONEER’S control occur that interfere with operation of
the Program, including but not limited to computer equipment or electronic data
transmission failure, strikes, civil disturbances, acts of nature or war. Damages Any attempt to
tamper with the Program website or undermine the legitimate operation of the
Program is a violation of criminal and civil laws. Pioneer reserves the right
to seek damages for any such attempt to the fullest extent permitted by law. Disclaimers With the exception
of Pioneer branded consumer electronics merchandise, Pioneer is not affiliated
with any provider of merchandise or services awards listed on the website or in
any marketing materials, nor are the providers of merchandise or services sponsors
or co-sponsors of the Program. Copyright/Trademarks/Other Proprietary Rights All content (and the
compilation thereof) included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and
software, is and will remain Pioneer’s property or that of our content
suppliers and is protected by United States and international copyright laws.
Except as otherwise provided herein, all graphics, logos, page headers, button
icons, scripts, and service names on the site are and will remain our
trademarks or service marks. All other trademarks not owned by us that appear
on this site are the property of their respective owners. You will not have,
acquire or assert any rights in the Program, web site, components or
proprietary rights and will not, without our prior written consent, copy, reproduce
or distribute in any manner any of the content, data or information available
through our web site or Program. You will not remove or modify any copyright,
trademarks, service marks, confidentiality or other proprietary notice or
marking appearing on any materials relating to the Program or website. Your Account If you participate
as a Program member and/or use the Program website, then you are responsible
for maintaining the confidentiality and security of your account and password
and for restricting access to your computer, and you agree to accept full
responsibility for all activities that occur under your account or password.
You also agree to immediately notify us of any unauthorized use thereof. We
reserve the right at all times for any reason to modify or refuse your use of Program
and/or content, including, but not limited to, the ability to terminate your
account or program, remove, change or edit content or products offered, and/or
cancel your orders at our sole discretion. Product Descriptions Passpoints has used reasonable efforts to be as
accurate as possible in describing the Awards offered through the Program
website. However, neither Pioneer nor Passpoints
warrants that Awards descriptions or other content of this site or the Program
are accurate, complete, reliable, current, or error-free. You acknowledge that
interruptions and loss of access may occur as a result of maintenance or
repairs to the Program site, unexpected outages or interruptions or an act or
omission by you or any third party.
Pioneer and Passpoints disclaim any liability
as a result of any such interruption or loss. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE EXTENT
PERMISSIBLE BY LAW, THE PROGRAM, THE PROGRAM WEBSITE, ALL PROGRAM AWARDS, AND
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED
SYSTEMS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE
PROGRAM OR THE PROGRAM WEBSITE ARE PROVIDED BY PIONEER, PASSPOINTS AND OTHER
THIRD PARTIES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DESCRIPTION, FITNESS
FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF
TRADE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR
USE OF THE PROGRAM, THE PROGRAM WEBSITE, AWARDS, CONTENT AND THE SERVICES IS AT
YOUR SOLE RISK AND THAT THE PROGRAM WEBSITE, CONTENT AND SERVICES MAY BE
SUBJECT TO CHANGE OR REMOVAL AT ANY TIME. Indemnification You will indemnify,
defend (at our election) and hereby release Pioneer, Passpoints,
their suppliers, agents, employees, officers, directors and shareholders from
all losses, damages, penalties, costs and expenses (including, but not limited
to, legal fees) caused by, arising from or relating to information or content
provided by you, acceptance, possession, use or misuse of any Awards, or your
breach of these terms and conditions. PRIVACY POLICY Information provided
by you as part of the Program is subject to Pioneer’s Privacy Policy: http://www.pioneerelectronics.com/PUSA/AboutPioneer/Privacy-Policy, and these additional terms here. Information Collected Personally
identifiable information collect from you will be used to communicate with you
from time to time regarding the Program, and will be shared with third party
providers as needed for Program administration and Awards fulfillment, who will
be subject to confidentiality obligations with respect to such personally
identifiable information. We may also use your contact information to notify
you of special points earning opportunities offered through the Program. ALL ISSUES AND
QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND
ENFORCEABILITY OF THESE PROGRAM TERMS AND CONDITIONS OR YOUR OR PIONEER’S
RIGHTS AND OBLIGATIONS IN CONNECTION WITH THE PROGRAM WILL BE GOVERNED BY AND
CONSTRUED ACCORDING TO CALIFORNIA LAW WITHOUT GIVING EFFECT TO ANY CHOICE OF
LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF
ANY OTHER STATE’S LAWS. ARBITRATION By participating in
the Program, you agree that: (i) any claim, dispute, or controversy arising out of,
relating to, or connected in any way with the Program or the awarding or
redemption of prizes or the determination of the scope or applicability of this
agreement to arbitrate will be resolved exclusively by final private and
binding arbitration conducted pursuant to the AAA’s Procedures for
Consumer-Related Disputes in conjunction with the American Arbitration
Association’s (“AAA”) Commercial Arbitration Rules (if and as applicable
depending on the amount in controversy); (ii) the arbitration shall be held at
the AAA regional office nearest Pioneer; (iii) the arbitrator’s decision shall
be controlled by the terms and conditions of these Program Terms and Conditions
and any of the other agreements referenced herein; (iv) there shall be no
authority for any claims to be arbitrated on a class or representative basis;
and (v) the arbitrator shall not have the power to award punitive damages
against you or Pioneer. In addition, if
you are able to demonstrate that the costs of arbitration will be prohibitive
as compared to the costs of litigation, Sponsor will pay as much of the entrant
filing and hearing fees in connection with the arbitration as the arbitrator
deems necessary to prevent the arbitration from being cost-prohibitive. |
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