Last Updated: October 16, 2018
The Dunn Tire Club
1. Membership & Eligibility
The Dunn Tire Club ("Club") is a free rewards program offered by Dunn Tire LLC. ("Dunn Tire") to its customers located in the U.S. and Canada. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Dunn Tire and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 16 years or older and a legal resident of the United States or Canada to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A DUNN TIRE CLUB MEMBER.
2. Earning and Redeeming Program Rewards
There is one tier of membership in the Program: VIP. Achieving VIP status requires a minimum spend, as explained below.
Under the Program, for every U.S. dollar spent on Dunn Tire merchandise in Dunn Tire retail stores, you will receive 1 point when you provide or check out with the identical phone number with area code that is registered to your Dunn Tire Club account.
You must provide your Dunn Tire Club registered phone number to have any points credited to your Dunn Tire Club account.
Any reference to "merchandise" or the value of "merchandise" in these Terms for purposes of collecting points includes all Dunn Tire products sold in Dunn Tire retail stores. It does not include e-gift certificates or applicable taxes.
You can view your current point balance, as well as any point activity in your Dunn Tire Club account. To view your Dunn Tire Club point balance online, simply log in to your online account. Your Dunn Tire Club account page is your destination for everything Dunn Tire Club related including to view year-to-day activity or current points balance.
Points may be redeemed for Rewards to be determined by Dunn Tire in its sole discretion. Rewards can only be redeemed in store.
Points have no cash value and can only be redeemed for Rewards. Dunn Tire may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash, for another product (unless expressly permitted by Dunn Tire), for gift certificates or for e-gift certificates.
3. The Rewards
Dunn Tire may offer Rewards through the Dunn Tire Club in exchange for a certain number of accrued points ranging from 50 points to 100,000 points from time to time and at its sole discretion. Dunn Tire Club members may only redeem up to two of each Reward per transaction. All electronically fulfilled Rewards require a merchandise purchase if redeemed.
Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for points, cash, another product, gift certificate or e-gift certificate. Dunn Tire is not responsible for lost, stolen or damaged Rewards. Dunn Tire and Dunn Tire brands are not responsible for any taxes incurred by clients or guests. Rewards can only be redeemed in store in the US. Some Rewards may only be available to residents of a particular country (e.g., U.S. only or Canada only). Rewards are subject to change, alteration, substitution, or termination by Dunn Tire in its sole discretion at any time. See specific Reward offers for any additional terms and conditions.
4. VIP Club Members
VIP status is conferred on those registered Dunn Tire Club members who spend a minimum of $600 on merchandise in stores at any time during membership. VIP status is reset once the Reward has been issued. Members will re-qualify for VIP status when points accumulated reach 600. Dunn Tire may, in its sole discretion, alter, limit, or modify the VIP tier rules, regulations, benefits, eligibility for membership, or any other feature of the VIP tier or may terminate the VIP tier at any time in its sole discretion, without prior notice.
5. Enrollment Reward Coupon
New Dunn Tire Club members will receive a welcome Enrollment Reward Coupon. The Enrollment Reward Coupon is redeemable in store with any merchandise purchase. Limit one Enrollment Reward Coupon per person. Offer is non-transferable. Offer subject to change, alteration, or termination by Dunn Tire in its sole discretion at any time.
6. Point Expiration
All un-redeemed points shall expire when a program member un-registers, with that membership account, from The Dunn Tire Club. If you have questions regarding the date of your last point activity or your last purchase, you may e-mail ClubQuestions@dunntire.com for more information.
In addition, points will automatically expire if your Membership is revoked or otherwise cancelled for reasons further detailed in Section 10.
8. Communications with Dunn Tire
By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Dunn Tire. By signing up to join the Program, you will automatically be subscribed to receive Program emails.
9. Opting Out of Communications with Dunn Tire
If you do not wish to receive these communications, you can request that they be discontinued by emailing ClubQuestions@dunntire.com. Pro/Phase Marketing, LLC (PPM) "RepeatRewards®" may help Dunn Tire send those communications.
10. Changes, Termination And/Or Removal From Program
Dunn Tire may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Dunn Tire website. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Dunn Tire reserves the right to exclude individuals from the Program or remove points from a member's Dunn Tire Club account in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Dunn Tire), failure to follow any terms of the Program, Membership inactivity for more than 36 months, any misrepresentation or any conduct detrimental to the interests of Dunn Tire not otherwise protected by law may subject members to Membership revocation or deduction of points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. Dunn Tire reserves the right to make changes to its Web site and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DUNN TIRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON DUNN TIRE'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM DUNN TIRE AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is © Copyright 2018 Dunn Tire LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Dunn Tire and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Dunn Tire or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Dunn Tire is strictly prohibited.
DunnTire.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Dunn Tire and may not be used in connection with any product or service that is not offered by Dunn Tire in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dunn Tire. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
14. Resolving Disputes
If a dispute should arise between you and Dunn Tire, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by using our customer service, reachable by emailing Customer Service at email@example.com or by calling 1-866-347-6181.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND DUNN TIRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
15. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Dunn Tire agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Dunn Tire's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Dunn Tire may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Dunn Tire must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Dunn Tire will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Dunn Tire will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States County where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Dunn Tire, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Dunn Tire.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Dunn Tire in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DUNN TIRE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing DUNN TIRE at ClubQuestions@dunntire.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.
16. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California. This provision does not apply to residents of New Jersey.
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Dunn Tire, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
18. Additional Information on the Program
If you have any questions regarding the Program, you may email ClubQuestions@dunntire.com or call 1-888-783-8662.