Last Updated January 1, 2023
PLEASE READ CAREFULLY. By accessing, enrolling in, or participating in this program, you agree to be bound by the following terms and conditions and all terms incorporated by reference that govern the Oliver Rewards Program. If you do not agree to these terms and conditions, do not access, enroll, or participate in this program.
PARTICIPATION IN THIS PROGRAM MEANS YOU AGREE TO THE DISPUTE RESOLUTION-BINDING ARBITRATION SECTION CONTAINED IN THESE TERMS AND CONDITIONS. ARBITRATION AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. PLEASE READ THE DISPUTE RESOLUTION-BINDING ARBITRATION SECTION BELOW CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN OLIVER REWARDS PROGRAM.
These Terms and Conditions apply to your access, enrollment, and participation in Oliver Rewards Program, a program that is operated by Oliver Travel Trailers Sales, Inc., or its respective subsidiaries, licensees, or affiliated companies (collectively “Oliver”).
1. Overview of the Oliver Rewards Program
Oliver Rewards Program (the "Rewards Program" or “Program”) is a loyalty rewards program provided by Oliver through which individuals who have a valid Rewards Program account (“Participant(s),” or “you”) may earn dollars (“Dollars” or “Reward Dollars”) on an individual basis. These Terms and Conditions, as they may be updated from time to time (“Terms”) provide an overview of the terms that govern the Program. For more information on the Program, its features, and frequently asked questions, please visit the Rewards Program FAQs.
Reward Dollars will be loaded to Participant's Oliver Rewards Mastercard® Debit Card (“Rewards Mastercard® Debit Card") by completing activities (“Reward Activities” or “Activities”) as set forth herein. Participants may check their Rewards Mastercard® Debit Card balance and transactions through the account dashboard (“Rewards Account Dashboard”) at www.olivertraveltrailers.com/account/.
Fees: To participate in the Program, the Participant will be responsible for a Twenty US Dollar ($20) service fee each year (“Service Fee”). Oliver will deduct such Service Fee from the Reward Dollars associated with your first qualified Activity of the calendar year. If you do not have a qualified Activity in a given year, you will not be charged the Service Fee that year. There may be required additional fees and transaction limits (“Required Fees & Limits”) associated with your use or replacement of the Rewards Mastercard® Debit Card; such Required Fees and Limits are outlined by the card issuer. By participating in the Program, you agree to pay all Service Fees and Required Fees.
In the event of any conflict between these Terms and Oliver’s other Terms of Use or Privacy Policy, Oliver’s Terms of Use or Privacy Policy shall control all information provided by you, whether as a result of enrolling in or otherwise accessing or participating in this Program. Please read Oliver’s Privacy Policy carefully to understand how Oliver collects, uses, and discloses information about Participants and how to update or change your personal information and how we communicate with you.
2. Eligibility and Enrollment
Eligibility: The Rewards Program is open to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age or older. It is void where prohibited by law. The Program is intended for personal use only. Commercial use is prohibited. No business entities, organizations, or groups may be a Participant.
Enrollment: To enroll in this Program and thereby create an Oliver Rewards Program account, Participants are required to register online at: www.olivertraveltrailers.com/rewards-program/signup/.
By enrolling, you agree to these Terms and Conditions. Each Participant may only hold only one Program account. Participant Reward Dollars are personal to each Participant. There is a limit of one (1) Rewards Account per person/email address, regardless of whether more than one person uses the same email address (i.e. couples, spouses, partners, co-habitants, roommates, etc.). The Registered name(s) of the authorized account holder(s) indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant(s). In the event of a duplicate account by the same Participant, the duplicate account may be terminated.
You are responsible for providing and agreeing to provide full, true, and accurate information and ensuring the information remains up-to-date and accurate. Oliver is not responsible for your inability to receive or redeem rewards, or other Participant benefits, or any other loss arising from your failure to provide and maintain accurate contact information in your Rewards Account.
Continued participation in the Program constitutes each Participant's continued full and unconditional agreement to these Program Terms and Conditions, as they may be updated from time to time (“Terms”), and representation that the Participant continues to meet the eligibility requirements set out in these Terms. Oliver reserves the right to limit participation or enrollment in this Program at any time, in its sole discretion.
Receive Notifications from Oliver: By signing up for the Program; Participants hereby agree to receive email messaging to the email address associated with your Oliver Rewards Program account for transactional, information, promotional, marketing, and/or other purposes.
3. Oliver Rewards Mastercard® Debit Card
Participants will receive a reloadable Oliver Rewards Mastercard Debit Card (“Rewards Mastercard®” or “Rewards Mastercard Debit Card®” or “Oliver Rewards Mastercard® Debit Card”) by USPS mail only after completing one qualifying Activity that earns them Reward Dollars. The “open-loop” Oliver Reward Mastercard Debit Card can be used anywhere that accepts Mastercard®. See Mastercard’s website for questions concerning using a Mastercard® Card at https://www.mastercard.com/global/en.html. Please allow up to four weeks to receive your Oliver Rewards Mastercard® Debit Card.
Any Required Fees for replacement cards are your responsibility in accordance with the card issuer’s rules. Oliver has no responsibility for any enforcement by the card issuer of its rules.
The Oliver Rewards Mastercard® Card is administered by North Lane Technologies, Inc. dba Onbe (“Rewards Mastercard® Bank” or “Oliver Rewards Mastercard® Bank”). Onbe can be contacted by mail at North Lane Technologies, Inc., P.O. Box 284, Conshohocken, PA 19428, or by email at privacy@northlane.com.
- The Oliver Rewards Mastercard® Debit Card can be used at ATMs to withdraw cash. You will be able to create a PIN when you activate your card.
- Participants cannot load money on their Oliver Rewards Mastercard® Debit Card. All Reward Dollars are in U.S. Dollars.
- Participants can log in to view their Rewards Mastercard® Debit Card balance and view transactions at www.olivertraveltrailers.com/account/.
- To replace a Lost or Stolen Rewards Mastercard® Debit Card, please call Oliver at 1-888-526-3978 for assistance or log in through your dashboard to make a request. Reminder that Required Fees & Limits may apply.
When Are Reward Dollars Loaded on the Oliver Rewards Mastercard®: Oliver will load Reward Dollars once per month, on or about the first of each month, for the accumulated total of all completed activities that the Participant earned in the previous month and/or that previously were not loaded on the participant’s Oliver Rewards Mastercard® Debit Card. Reward Dollars will be loaded to your Rewards Mastercard® Debit card account within approximately thirty (30) days after verification of your having completed an Eligible Activity. The reward Activity date may, in some circumstances, differ from the date Rewards for that Activity are earned. See Activity descriptions for more details. Activity that does not meet the Program’s requirements, as determined by Oliver in its sole discretion, will not earn Reward Dollars. Oliver has the right to modify, suspend, or terminate Activity requirement criteria at any time. To view how many Reward Dollars can be earned for Activities, go to www.olivertraveltrailers.com/rewards-program/ for details. Reward Dollars earned may vary according to the Tier the Participant is in at the time the Activity was considered completed or finalized, date as determined in Oliver’s sole discretion.
Viewing and Confirming Account Activity: The number of Reward Dollars collected by each Participant will be tracked in the Participant’s Oliver Rewards Account as described in these Terms. Each Participant will have the responsibility of ensuring that his/her Reward Dollars are properly credited. Any claim for Reward Dollars not credited accurately must be received by Oliver within ninety (90) days of the date of claimed accrual of such Reward Dollars. See Activity descriptions for dates of accrual linked to each Activity.
Reward Dollar Mastercard® Card Expiration: Your Oliver Rewards Mastercard® Debit card will expire after three years of the issue date. The Rewards Mastercard® Bank will automatically issue you a new Rewards Mastercard® Debit Card to the address you have on your account at the time of issue to replace your expired card if allowed under these terms and conditions.
Redeeming Unused Rewards Mastercard® Card Balance for Cash: You may redeem the balance of your Reward Mastercard® Debit Card for cash at any time. You must contact Oliver at rewards@olivertraveltrailers.com to request to redeem the balance of your Mastercard® Debit Card for cash. The balance will be deleted from your Rewards Account once the payment is issued. Please allow approximately thirty days (30) from the date of your request for processing. Checks will be mailed via United States Postal Service.
Miscellaneous: Oliver shall have no liability for any printing, production, typographical, mechanical or other errors in the Rewards Account summaries or Participant Reward Account. Oliver reserves the right to invalidate Reward Dollars from a Participant Rewards Account if it determines that such Rewards were improperly credited or obtained fraudulently. Oliver reserves the right to require proof of accrual of Reward Dollars. Oliver reserves the right to delay the processing or loading of Reward Dollars without notice to Participants in order to assure compliance with these Terms. Participants are responsible for maintaining the confidentiality of their Participant Rewards Accounts and passwords and for restricting access to their Reward Accounts and activity on their Participant Rewards Account, and Participants agree to accept responsibility for all activities that occur under their Rewards Account.
4. How to Earn Rewards Dollars
Participants can Earn Reward Dollars by completing activities: An “Activity” or “Qualifying Activity” is a specific task designated by Oliver as being potentially eligible to earn Reward Dollars. A current list of Activities is available at www.olivertraveltrailers.com/rewards-program/. You agree that you are performing all Activities to participate in the Program voluntarily and accept all risks associated with such performance, including but not limited to bodily injury, death, and/or property damage. Oliver will not be responsible for any injuries or damages incurred while participating in any Activity.
Participants must notify Oliver of any completed Activity by filling out the form online at www.olivertraveltrailers.com/rewards-program/submit-activity/. Activity verification may take up to approximately thirty days (30). The reward Activity date may in some circumstances, differ from the date Rewards for that Activity are earned. See Activity descriptions for more details.
5. Reward Tiers & Tier Perks
- Upon enrollment, all Participants start at the Copper Rewards Membership Tier (“Tier”). Once the Participant completes a Qualifying Activity, the Participant will earn Reward Dollars and be eligible for Tier Rewards in the Bronze, Silver, Gold, or Platinum Tier based on the accumulated Reward Dollars earned from all Qualifying Activities. If the Participant reaches a new Tier at any time before December 31st of a calendar year, the Participant will be moved into the higher Tier for the remainder of the year and receive “Tier Perks” (“Perks”) for that Tier after the year is completed. The Participant will begin the following calendar year in the Tier you last qualified for on December 31st of the prior year. Participants who do not meet the rewards criteria for their current Tier Membership in any calendar year will be reassigned to the appropriate lower Tier on January 1st of the following year.
- “Tier-Qualifying Activity” is based on the total accumulated Reward Dollars for the calendar year, with the exception of Platinum Tier memberships. To remain in the Platinum Tier, the Participant is required to complete Qualified Field Visits that result in three (3) sales of new Oliver Travel Trailers from January 1st to December 31st to keep the Platinum Tier membership for the next year.
- Tier assignment may take up to fourteen (14) days after Oliver completes any Activity verification.
- Oliver Travel Trailers may change the Tier Requirements and/or Tier Perks at any time, in its sole discretion, resulting in changes to your Tier Membership level. The Tiers and Activities to earn Reward Dollars are defined at www.olivertraveltrailers.com/rewards-program/. Any Member at risk of losing their current Tier Level Membership will be notified by email thirty (30) days prior to the change unless Oliver, in its sole discretion, adopts a different time period or method of notification.
- Tier Perks are gifts from Oliver for participating in and completing Activities that earn Reward Dollars in the Oliver Reward Program. Each Tier has specific Tier Perks. Participants will receive any Tier Perk as a gift after the end of the calendar year for the previous year’s Tier Level Membership. Allow up to six (6) weeks for Oliver to send Tier Perk gifts after the year is completed. If a supply chain issue delays delivery, we will notify you as soon as possible. Tier Perks will be either emailed (digital perks) or mailed to the address in the Participant’s Reward Account profile. To view the current Tier Perks for each Tier Level, visit www.olivertraveltrailers.com/rewards-program/.
6. Taxes
Participants are responsible for the payment of any and all taxes which may result from participation in the Program. Please consult your tax advisor if you have questions about the tax consequences of receiving any benefit under this Program. Participants may be required to complete tax documents, including an IRS W-9 or equivalent, in order to receive Reward Dollars. If the Participant(s) earns an aggregate value of $600 in Reward Dollars in one calendar year from completing Rewards Activities, Participants will then receive an IRS Form 1099 reporting the total value of all Reward Dollars earned for the applicable calendar year. The aggregate value that triggers the 1099 may change in accordance with IRS regulations.
7. Program Changes, Termination, Inactive Accounts, and Cancellation
Oliver reserves the right to suspend, substitute, or modify the Program or merge it with a new or different loyalty program, at its discretion, at any time without notice to participants.
Your continued participation in the Program constitutes your acceptance of any changes or modifications to these Terms. You should review these Terms and Conditions and any applicable FAQs or other guidelines frequently to understand the terms that apply to the Program at any given term. If you do not agree to the Terms and Conditions, as they may continue to be amended, you must stop participating in the Program. Your sole and exclusive remedy for not agreeing to the Terms and Conditions or any changes as Oliver may implement in its sole discretion is to cease participation in the Program through appropriate termination of your Rewards Account.
Without limiting any other remedies, Oliver shall be the sole arbiter in cases of conduct detrimental to Oliver, suspected abuse, misrepresentation, fraud, or violation of its Terms. Any decision Oliver makes relating to suspension, deactivation, or termination of any Rewards Account (including but not limited to forfeiture or cancellation of rewards or offers) or the Program as a whole shall be final and binding.
Your failure to abide by these Terms or any policies or procedures implemented by Oliver, any conduct detrimental to Oliver, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Oliver in law or equity, in the termination of your participation in the Program, as well as forfeiture of Reward Dollars accrued to date, all as determined by Oliver in its sole discretion.
Participant may choose to permanently delete his/her account and cancel his/her participation in the Program at any time and for any reason by contacting us at rewards@olivertraveltrailers.com. If the Participant cancels his/her account, in its sole discretion, Reward Dollars previously earned will remain available for redemption, in accordance with the provisions for redemption contained in these Terms and Conditions, until the card expires.
Your account will be considered inactive if there is no activity for a period of two years. (“Inactive Account.”) Note there may be Required Fees during the two-year period. Upon your account being identified as an Inactive Account, your Rewards Mastercard Debit Card will be rendered inactive (with no renewal card issuing), and any existing Reward Dollar balance will be issued to you through a check within approximately sixty (60) days. If you seek to reactivate your Account, you will have to enroll again and start at the Copper Tier or whatever lowest Tier is in existence at the time.
Oliver may, in its sole discretion, deactivate, suspend, cancel, or combine Participant accounts that appear duplicative. Oliver may, in its sole discretion, suspend, deactivate or cancel a Participant’s account and membership in the Program if Oliver determines, in its sole discretion, that a Participant has violated the Program’s Terms and Conditions, misused or abused the Program, or acted fraudulently or in violation of the law in any way, acted in a manner contrary to Oliver’s interests.
In case of Oliver’s suspension of a Participant’s account for any reason in its sole discretion, the affected Participant(s) earned Reward Dollars and any other Program benefits will be held during the period of suspension and may or may not be released to Participant, in Oliver’s sole discretion, upon lifting of the suspension. In case of Oliver’s deactivation or cancellation of a Participant’s account for any reason besides it being an Inactive Account, in Oliver’s sole discretion, the affected Participant(s) earned Reward Dollars and any other Program benefits will be forfeited automatically.
In the case of Oliver’s termination of the Program as a whole, Oliver may, in its sole discretion, allow you to redeem any Reward Dollars or other Program benefits. Any unredeemed or unexpired Rewards or other Program benefits shall be canceled at the later of either the expiration of the then-current rewards or sixty (60) days after program termination.
8. General Terms and Conditions
Oliver is not responsible for Debit Cards or checks that are lost, misdelivered, late in delivery, or stolen. Oliver is not responsible for incoming or outgoing requests, correspondence, or emails that are misdirected, lost, filtered into other inboxes, including junk email, or unreceived for any reason.
All questions or disputes regarding eligibility for the Program, the availability of items, or a Participant’s compliance with these Terms will be resolved by Oliver in its sole discretion.
Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and should such an attempt be made, Oliver reserves the right to seek damages from any such person to the fullest extent permitted by law. Oliver’s failure to enforce any of these Terms shall not constitute a waiver of that or any other provision. In addition to suspension or discontinuance of the Program eligibility, Oliver shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
The Program is subject to all applicable laws and regulations. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
9. Indemnification
You agree to defend, indemnify and hold Oliver, its subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents 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 Rewards Program in violation of any law, rule, regulation or these Terms.
10. Limitation of Liabilities
Oliver, and its parent, subsidiary, affiliate, and related companies, and each of its and their respective officers, directors, employees, agents and promotional and advertising agencies, successors, and assignees (collectively the “Released Parties”) are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or corruptions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the Internet, at any web site or any combination thereof.
This Program is not linked in any way to any online forum or messaging board associated with Oliver, including Oliver Forums (“Forum”). Participation in any Forum is purely voluntary and has no bearing or relationship to the Program. Participation in any Forum is subject to its own separate terms and conditions.
The Released Parties will have no liability for any losses, damages, or harm (whether bodily injury, death, and/or property damage) that the Participant may incur by performing the Activity. Participation in Activities and the Program is purely voluntary. RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR THE CONDUCT OF THIRD PARTIES AND WILL NOT BE RESPONSIBLE FOR ANY INJURIES OR DAMAGES CAUSED BY THE NEGLIGENCE OF THIRD PARTIES OR RELEASED PARTIES. Participant hereby releases and discharges from and covenants not to sue Oliver Travel Trailers or Travel Trailer Owner for any and all liability, claims, demands, losses, causes of action, or damages of whatever kind or nature arising from or related in any way to participation in Activities.
IN NO EVENT WILL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT THE PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM RELEASED PARTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANY AND ALL RELEASED PARTIES’ CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS AS PROVEN; OR (B) $500. THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Released Parties are not responsible for any products or services offered in the Rewards Program other than those manufactured by Oliver. TO THE FULLEST EXTENT ALLOWABLE BY LAW, OLIVER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
11. DISPUTE RESOLUTION-BINDING ARBITRATION
PLEASE READ THIS "ARBITRATION" SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF THROUGH COURT TRIALS AND CLASS ACTIONS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING OLIVER PER THE INFORMAL RESOLUTION PROCESS BELOW. IN THE UNLIKELY EVENT THAT OLIVER’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO THE PROVISIONS OF THIS DISPUTE RESOLUTION SECTION.
ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
YOU ARE WAIVING YOUR RIGHT TO SUE OR DEFEND A SUIT IN COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL, BY AGREEING TO ARBITRATE. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Informal Resolution. In the event of any dispute, controversy or claim arising out of or relating to these Terms or the PROGRAM (“Dispute”), you agree that before taking any formal action, you will contact us at rewards@olivertraveltrailers.com ("Notice Address”), provide a brief, written description of the dispute and your contact information (including your username if your dispute relates to an account) and allow 60 days to pass, during which we will attempt to reach an amicable resolution of any issue.
Arbitration. If we cannot reach a resolution, you consent to arbitrate your Dispute before a single arbitrator under the then-current rules and fees of the American Arbitration Association, including the AAA's Consumer Arbitration Rules (as applicable) and as modified by these Terms of Use (or another alternative dispute resolution provider, chosen mutually by you and Oliver). The AAA Rules are available online at www.adr.org. or by contacting us at the Notice Address. At your option, arbitration hearings may be held by telephone, by written documents, or in person at a mutually-agreeable location or the county of your residence in the United States of America.
The arbitration will be conducted in English and be confidential. You and we agree that (a) these Terms of Use or your use of Oliver Services or participation in this Program evidence a transaction in interstate commerce; and (b) that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. Judgment on any arbitration award may be entered in any court having proper jurisdiction. This Dispute Resolution section shall survive termination of these terms of use.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If you opt-out of the arbitration provision as specified below, this class action waiver provision will not apply to you. Neither you nor any other customer can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. If this specific subparagraph is found to be unenforceable in its entirety, then the entirety of this Dispute Resolution section shall be null and void as to you. If, for any reason, a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Governing Law. Any dispute arising from these Terms of Use or your access to or participation in the Program will be governed by, construed, and enforced in accordance with the laws of Tennessee, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Lewis County, Tennessee.
Arbitrator Authority. The arbitrator shall interpret and determine the validity of the arbitration provision, including unconscionability. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Any relief ordered cannot and shall not affect other users of the Program.
Exceptions. There are only two exceptions to this arbitration agreement: 1) Either of us may take claims to small claims court if they qualify for hearing by such a court, so long as the matter remains in that court and advances only on an individual (non-class, non-representative) basis; and 2) if a party reasonably believes that the other party has threatened to infringe the intellectual property rights of the other party, the owner of the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Opt-Out. If you are a new visitor to our website or participant in the Program, you may reject the agreement to arbitrate provision pursuant to the Opt-Out Procedure below. The opt-out notice must be received with the verifiable Account information (a) no later than thirty (30) days after the date you accept these Terms of Use or access the Program for the first time; or (b) if you are not a new visitor to our website, thirty (30) days after the posting of new Terms of Use (collectively the “Opt-Out Deadline”). If you opt-out of the agreement to arbitrate, all other parts of this agreement and its Disputes Resolution Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Opt-Out Procedure. In order to opt-out, you must, by the Opt-Out Deadline, email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies to the Notice Address or via US Mail to Oliver, 228 Industrial Ave, Hohenwald, TN 38462. Should we not be able to verify your Account information, we may ask for a valid, government-issued form of identification to confirm your identity and process your request.
Costs of Arbitration.Fees for filing, AAA administration, and arbitrator’s fees are set forth in the Consumer Arbitration Rules, as may be amended from time to time. Oliver will reimburse you for your filing fee for claims you file totaling less than $1,000. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration. Regardless of the amount in controversy, Oliver will not request its attorney’s fees, filing fees, AAA administration, and arbitrator’s fees (collectively the “Costs”) unless the arbitrator finds that your claims are frivolous or brought for an improper purpose. In such case, Oliver will not reimburse you for your filing fee and may seek Oliver’s Costs.
Changes. Notwithstanding any provision in this Agreement to the contrary, we agree that if Oliver makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a Service, you may reject any such change and require Oliver to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises.
12. Privacy
- Privacy Rights: As permitted by law, Participants may submit privacy rights requests by emailing rewards@olivertraveltrailers.com. If Participants submit a request to delete their Oliver Rewards Program account, all of their data associated with the Oliver Rewards Program account will be immediately and permanently deleted. Participant’s Rewards Mastercard Cards will be closed, and Oliver will not be able to provide any customer service related to any previous transactions associated with their Rewards Account once a deletion request has been submitted. If Participant elects to re-enroll in the Oliver Rewards Program after they have deleted their Rewards Account, they may do so but will start with a zero balance.
- Your participation in the Program is subject to Oliver’s Terms of Use, which are incorporated herein by reference. In the event of any conflict between these Program Terms and Conditions and the Terms of Use, the Terms of Use shall control. All information provided by you, whether as a result of enrolling in or otherwise by participating in the Program, is subject to Oliver’s Privacy Policy. Please read the Privacy Policy carefully to understand how Oliver collects, uses, and discloses information about Program participants and how to update or change your personal information and how we communicate with you.
13. Contact Us
- For information about the OLIVER REWARDS PROGRAM and your membership, contact 1.888.526.3978 by phone, via email at rewards@olivertraveltrailers.com, or by mail at 228 Industrial Ave, Hohenwald, TN 38462 USA.
