Terms & Conditions - United States
Effective Date: May 12, 2023
Welcome to the Cat® Vantage Rewards Website. Your access or use at any time of the Cat® Vantage Rewards program (the “Program”) means you have agreed to be bound by and comply with the Program terms and all terms and conditions incorporated by reference (“collectively the “Terms”). The Terms may be modified, cancelled, or amended from time to time in Sponsor’s sole and absolute discretion by posting revised Terms to this Program website. Your continued participation in the program after the revised Terms are posted to the Program website (or you receive notice of the change in some other way) will constitute your acceptance of those revised Terms. Your participation at any time in the Program is deemed your express consent to be bound by any revised Terms. Please read these Terms carefully. If you do not agree to the Terms, please do not participate in the Program. Participation is signified by initiating enrollment as instructed in these Terms (becoming a “Member” (as defined herein)), or if Member’s enrollment is continuing from a prior enrollment (auto-enrolled), or the Terms are revised, or by redeeming reward points, or by not unenrolling by calling customer service at 1-877-373-9567. The Program is void where prohibited and subject to limitations as required by applicable law and the Terms.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, SET FORTH BELOW.
SPONSOR AND MEMBER
The sponsors of the Program are Caterpillar Inc., a Delaware corporation with its primary office located at 5205 N. O'Connor Boulevard, Suite 100, Irving, Texas 75039 and, in relation to the Cat® Card Rewards Program, as amended, incorporating the Program Terms by reference, Caterpillar Financial Commercial Account Corporation along with its successors and assigns (“Cat Financial Cat Card Company”) and Caterpillar Financial Services Limited (Canada), along with its successors and assigns (“Cat Financial Cat Card Company (Canada)”), for Canada, as of the date Cat Financial Cat Card Company (Canada) is a lender that associates the Cat® Card Rewards Program, as amended the Car Card with Cat Vantage Rewards program, with a finance product in Canada (“Cat Financial Cat Card Company” and “Cat Financial Cat Card Company (Canada) collectively referred to as the “Cat Card Companies”) (Caterpillar Inc. and the Cat Card Companies are collectively referred to as “Sponsor”). As used in these Terms, the terms “we”, “us”, and “our” shall be deemed to mean Sponsor. The terms “Member”, “you”, and “your” mean eligible, registered Members of the Program as defined herein. More details about who is considered a Member are set forth below.
Any information Members provide to us in connection with this Program, or any contest, sweepstakes, other promotion, or offer operated in connection with this Program, is subject to Sponsor’s Global Data Privacy Statement and Data Governance Statement https://www.caterpillar.com/dataprivacy and https://www.caterpillar.com/en/legal-notices/data-governance-statement.html. Further, the information Members provide may be shared between the Sponsor, Cat Dealers (as defined below) and any of their authorized representatives to assist with the delivery or administering of this Program (available at http://www.caterpillar.com/en/legal-notices.html) or as otherwise permitted by law. By participating in the Program, you agree that the email address you provide to us to register can be used to communicate about the Program and facilitate enrollment and redemption, including delivery of Cat® Credits. If you register a mobile number with us to receive SMS or text messages about the Program, you agree that we can call or message you at that number in relation to the Program in relation to its administration and/or to communicate with you about Terms, including additions or changes affecting earning opportunities. Please be aware that message and data rates may apply to such SMS or text messages, and you can opt-out of receiving certain messages at any time.
OVERVIEW OF CAT VANTAGE REWARDS
The Program is a trade rewards program through which Members can earn and accumulate reward points (“Reward Points”) on qualifying purchases, as defined in these Terms (“Qualifying Purchases”). Participation in the Program, and Reward Points earned through the Program, may not be used for any personal, family, or household purposes. The Program, as of the date of its launch, offers the chance to earn Reward Points in a variety of ways announced and promoted by Sponsor. The available ways to earn Reward Points is at the sole discretion of Sponsor and may be modified at any time without notice and without revising these Terms.
Reward Points are awarded to a business entity (“Member”). Once earned, Reward Points will be credited into the Member’s points balance (the “Points Balance”) and, subject to certain limitations explained below, can be redeemed for Cat® Credits.
- Reward Points are promotional only and have no cash or monetary value and may not be used as legal tender.
- Reward Points you earn are considered a limited, non-exclusive, revocable, non-assignable, and non-transferable right solely for use towards redemption in accordance with the Program.
- Reward Points have no “real world” value and are not redeemable for cash, transferable, or assignable for any reason, unless and to the extent required by applicable law.
- Reward Points have no purpose or use except as may be redeemed in accordance with the Program.
- Reward Points may be revoked at any time by Sponsor as set forth herein, subject to applicable law.
- Members may not combine or aggregate Reward Points with other Members’ Accounts (e.g., Members may not agree to combine their Reward Points total to redeem for a transaction). Members cannot purchase, sell, barter, trade, transfer, or assign their Reward Points to any other person.
- Reward Points will not be valid unless earned and awarded in strict compliance with the requirements as established and intended by us, and Member shall not attempt to earn Reward Points by any artifice, or other means (including, without limitation, by using any script, bot, or other automated means) that only simulates compliance with the applicable requirements. Individuals can only serve as a Member Representative (see below) for one Member. A Member can be terminated from the Program if it violates Program terms and conditions or makes a misrepresentation about its eligibility or the nature of its purchases. Sponsor reserves the right, in its sole discretion, to take any other action it deems appropriate in the event it believes a Member may have violated these provisions.
CAT® CARD REWARDS ARE NOW “REWARD POINTS” UNDER CAT VANTAGE REWARDS
Some Members will also be Members in the Cat® Card Rewards Program, as amended and rebranded as the Cat® Card Vantage Rewards program, which incorporates these Terms by reference. Cat Card with Cat Vantage Rewards is an earnings opportunity within this Program and subject to its Terms except as otherwise stated herein. Cat Card with Cat Vantage Rewards participants should be aware of and abide by the additional terms, conditions, and limitations set forth in the Cat Card with Cat Vantage Rewards program terms and conditions. The full terms and conditions of the Cat Card with Cat Vantage Rewards program are found at cat.com/catcardrewards. In some instances, a Member who has a Cat Card and uses it to make a Qualifying Purchase will earn Reward Points for their use of the Cat Card in addition to Reward Points for participation in another Reward Points opportunity under this Program.
The Points Balance under this Program consists of Reward Points earned through offers under this Program. Reward Points earned through the Cat Card with Cat Vantage Rewards program are also included in the Points Balance. If you redeem Reward Points under this Program and your Points Balance includes both Reward Points earned through the Cat Card with Cat Vantage Rewards program and Reward Points earned through other earning opportunities under Cat Vantage Rewards, Reward Points earned through non-Cat Card earning opportunities under this Program will be redeemed before Reward Points earned through the Cat Card with Cat Vantage Rewards program. Only Special Services Recipients (as that term is defined in the Cat Card with Cat Vantage Rewards program) may use Reward Points earned through the Cat Card with Cat Vantage Rewards program to pay down Cat Card balances and, then, only in accordance with the terms of the Cat Card with Cat Vantage Rewards program. See below for additional restrictions pertaining to Special Services Recipients and Reward Points earned through Cat Card with Cat Vantage Rewards.
Notwithstanding the eligibility rules below, a customer’s participation in the Program remains at the sole discretion of the Sponsor.
Subject to the exclusions described below, the Program is open to any of the following, which are not otherwise under an exclusion:
- Commercial customers of Caterpillar Inc., its dealers (“Cat Dealers”), or other vendors authorized under the Program with a company representative who is: (i) physically located and resides in the fifty (50) United States, the District of Columbia, and (ii) 18 years old or older at the time of Member enrollment in the Program.
- Sole proprietors who are at least 18 years old.
Notwithstanding the above, a Member that is a part of a larger group of companies under common control (e.g., a subsidiary of another entity which is a Member) shall only be permitted one (1) enrollment and one (1) Member Representative.
Members who are enrolled in the Program can earn Reward Points.
EXCLUSIONS FROM ELIGIBILITY
The following are not eligible to participate in the Program:
- Managed Account Customers*
- * Managed Account Customers are customers who have a special managed account relationship with one or more of Caterpillar Inc.’s industry support groups. For more information, please contact your Caterpillar representative. If Member becomes a Managed Account Customer, after previous participation without such status, such Member becomes subject to the exclusions and limitations associated with the change in status.
- Cat Dealers.
- U.S. Federal Government entities or federal public institutions.
- Members using the Program to acquire goods for resale – wholesale purchases are not Qualifying Purchases.
- Members using (or that the Sponsor, in its sole discretion, believes may intend to use) the Program for any unlawful purpose or any purpose not in accordance with these Terms.
- Any person listed in any sanctions-related list of designated persons maintained by the U.S. Department of the Treasury, the U.S. Department of Commerce, the U.S. Department of State, or by the United Nations Security Council, Canada, the European Union, or any EU member state (or any similar list maintained by any country or jurisdiction), or any person owned or controlled by any such person or persons in aggregate.
It is possible for a Member to be eligible for one or more promotional earning opportunities under this Program, but not for Cat Card with Cat Vantage Rewards and vice versa. Regardless, Reward Points, once generated, are redeemed in accordance with these Terms and, for Reward Points earned through the Cat Card with Cat Vantage Rewards program, in accordance with any additional limitations set forth in the terms and conditions for the Cat Card with Cat Vantage Rewards program.
ENROLLMENT, BECOMING A MEMBER, AND MANAGING REWARD POINTS
The Program is intended to reward Caterpillar customers and as a means for the Sponsor to express its appreciation for customers’ interest in the Caterpillar brand. Enrollment empowers customers to participate in the Program through various eCommerce sites. Enrollment follows a one-time, two-step process. Once fully enrolled, a Member can begin to earn Reward Points under this Program.
Steps to enrollment:
- Visit www.cat.com/GetRewarded and provide complete registration information, including the identity and contact details for the Member Representative (see below).
- Following registration, your business entity will be enrolled by your primary Cat Dealer as a Member tied to the credentials of the Member Representative. There might be a delay while your primary Cat Dealer processes your enrollment. Once you have been approved by your Cat Dealer, you will be provided with a Reward Points account (“Points Account”) by the Sponsor, and you are ready to earn Points. The Points Account is tied to the Member Representative’s credentials.
- There is no cost to enroll in the Program.
- Cat Card with Cat Vantage Rewards program Participants may experience a delay in earning Reward Points under this Program, until they are validated by their Cat Dealer. Once validation has occurred, eligible Cat Card holders are fully enrolled and begin earning Reward Points under this Program.
The Sponsor may also auto-enroll some customers in the Program. Auto-enrolled customers may be required to complete an additional registration process (participation in which is deemed express agreement to these Terms) prior to redeeming Reward Points.
DESIGNATION OF A MEMBER REPRESENTATIVE:
The Sponsor will designate, for each Member, a single individual to be the “Member Representative.” You may request that a particular individual be designated as the Member Representative. The Sponsor (or the Sponsor’s designee) may communicate with you regarding the Program through the Member Representative. Any notice or information relating to the Program that the Sponsor provides to the Member Representative shall be deemed to have been provided to you, and the Sponsor may rely, for purposes of Program administration, on any information that the Member Representative provides to Sponsor or Sponsor’s designee. You will be bound by any orders or instructions relating to the Program (including redemption transactions) given to Sponsor (directly or indirectly) by the Member Representative. Such Member Representative shall be required to have active and valid account credentials, acquisition of which is a part of the enrollment process. Upon proper completion of the enrollment process, each eligible Member will be assigned a Points Account. The Member, not the Member Representative, shall be deemed the sole owner of the Points Account and all Reward Points contained therein. Points Accounts may be accessible by Member’s authorized users (“Authorized Users”) and Authorized Users can earn Reward Points; however, only the Member Representative may redeem such Reward Points and per the enrollment instructions, as these restrictions may change from time to time. Authorized Users are designated by the Member Representative, and qualified in accordance with the enrollment instructions and each Authorized User will have to provide similar details to those provided by a Member Representative.
The Member Representative will have responsibility for, among other things, managing Reward Points on behalf of the Member. These Member Representative functions can be completed by following the instructions on the Website or by contacting the Sponsor through the “Contact Us” feature on the Website. In connection with the Points Account, Member, through its Representative, agrees to: (i) provide true, accurate, current, and complete information in connection with the Points Account and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete at all times; (ii) be solely responsible for all activities that occur under your Points Account; (iii) be solely responsible for maintaining the confidentiality of the Points Account access information and for restricting access to computers, mobile phones or other wireless devices, or other Internet enabled devices associated with such Points Account (each, a “Device”) so that others may not access the Program or the Points Account unless authorized; (iv) immediately notify us of any unauthorized use of the Points Account, password, or Member Representative credentials, or any other breach of security by contacting us using the “Contact Us” feature on the Website; and (v) not sell, transfer, or assign the Points Account. If Member Representative becomes disassociated with Member, Sponsor has the right to terminate the Member Representative’s registration for such role. We will not be liable for any loss or damage (of any kind and under any legal theory) to Member or any third party arising from inability or failure for any reason to comply with any of the foregoing obligations. If any information provided, or if we have reasonable grounds to suspect that any information provided, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate participation in the Program. We also reserve the more general and broad right to terminate any Points Account or suspend or otherwise deny access to the Account or benefits – all in our sole discretion, for any reason, and without advance notice or liability.
Sponsor reserves the right to terminate any Member from the Program if it discovers that Member’s purchases are not Qualifying Purchases owing to Member’s intended use of the purchased goods, including purchase for the sake of resale.
WHAT IS A QUALIFYING PURCHASE?
Reward Points are earned on Qualifying Purchases made in accordance with these Terms. “Qualifying Purchases” are (i) those purchases of parts, and work tools made through approved eCommerce sites; or (ii) those purchases of parts, service, used machines, rental and work tools made with a Cat Card at a Cat® Dealer or a The Cat® Rental store or other approved vendors. New machine purchases are not Qualifying Purchases. Purchases made for resale purposes are NOT Qualifying Purchases. Cat Credits redeemed on Parts.cat.com or other approved eCommerce sites will contribute to Reward Points earned by any Member, if the purchase is made by a Member’s Points Account logged in experience. Generally, Reward Points earned under Cat Vantage Rewards will accrue on purchases after the invoice has matured, typically around thirty (30) days, but no more than forty-five (45) days. Reward Points earned from use of Cat Card usually show up in your Points Balance within a day or two.
REWARD POINTS OPPORTUNITIES AND EXAMPLES
As of the effective date of these Terms, Reward Points will be earned in accordance with the current earnings offer(s) found at www.cat.com/GetRewarded. Reward Points earned through the use of the Cat Card with Cat Vantage Rewards program accrue in accordance with the terms for the Cat Card with Cat Vantage Rewards program. All earnings offers are subject to change in accordance with Sponsor’s discretion in managing the Program.
From time to time, Sponsor might offer opportunities for earnings at rates different than the core percent of total spend formula or the earning opportunity under Cat Card with Cat Vantage Rewards might differ from those for Qualifying Purchases made without Cat Card. Special promotional opportunities might also be announced. An advantage to having a Cat Card as a Cat Vantage Rewards Member is that an eligible customer will sometimes earn Reward Points in two different ways for the same Qualifying Purchase (note that definitions of “Qualifying Purchase” may vary between Cat Card with Cat Vantage Rewards and the rest of Cat Vantage Rewards).
The Terms governing Reward Points earning opportunities will change from time to time and will be announced to Members on the Program Website. Reward Points earnings could be capped for certain subsets of Qualifying Purchases announced in the future. The definition of what is a “Qualifying Purchase” could be changed in the future, especially as more eCommerce sites are qualified to support the Program. Program Vendors (as defined in the Cat Card with Cat Vantage Rewards Program) continue to be added for users of Cat Card, increasing their opportunities to earn Reward Points by using their Cat Card for Qualifying Purchases.
Sponsor may change earning opportunities, earning rates, Qualifying Purchases, and eligible Program Vendors at any time by posting the change on the Program Website (or by providing notice through other appropriate means). For the avoidance of doubt, such changes do not require a revision to these Terms.
REWARD POINTS REDEMPTION
Reward Points cannot be redeemed until a Member’s Points Balance is at least equal to the redemption threshold minimum of 25 points. Redemptions must be made in amounts no less than 25 Reward Points. Members can view and redeem the accrued Reward Points via MyCatFinancial.com. Redemption restrictions already stated under the Cat Card with Cat Vantage Rewards program are incorporated into these Program Terms and can be viewed at cat.com/catcardrewards.
REWARD POINTS - HOW YOU ACCRUE AND WHAT YOU CAN EARN
Members accrue Points over the course of a year with a system measurement of the Points Balance posted in January each year (“Points Measurement Date”).
Members must accrue at least twenty-five (25) Reward Points by the Points Measurement Date, in order to redeem them for a benefit. Members are free to redeem Points at any time during the rest of the year, once they have passed the twenty-five (25) Reward Points threshold. Special Note that auto-redemption and other special rules for redemption apply to Special Services Recipients’ activities, especially as to the requirement that they meet separate thresholds under both the parent Cat Vantage Rewards program and the Cat Card with Cat Vantage Rewards program. That is, all Reward Points earned by Special Services Recipients which are not earned through the Cat Card with Cat Vantage Rewards program must satisfy an independent 25-point threshold before they are redeemable for Cat Credits. Members classified as Special Services Recipients are directed to contact Customer Service for assistance with any account level questions, such as how close they are to thresholds under any subset of Cat Vantage Reward Points. See more specific rules below.
Members who have at least twenty-five (25) Reward Points on the Points Measurement Date, but have not yet redeemed such Reward Points, will be auto-redeemed subject to the applicable limitations and exclusions for participation.
Members can redeem Reward Points, as follows:
Subject to the following restrictions, all Reward Points can be redeemed for Cat Credits to be used for Qualifying Purchases in the future. Rules governing Cat Credits are found on this Program Website.
- If Member is a Special Services Recipient under the Cat Card with Cat Vantage Rewards program, all Reward Points derived from an earnings opportunity other than the Cat Card with Cat Vantage Rewards program can be redeemed for Cat Credits to be used for Qualifying Purchases in the future. The Points Balance will reflect all Reward Points, including those that are restricted in their redemption if Member is a Special Services Recipient.
- Reward Points accrued by a Special Services Recipient as a part of the Cat Card with Cat Vantage Rewards program can only be redeemed as a Cat Card statement credit per the Cat Card with Cat Vantage Rewards program. Special Services Recipients should check their Cat Card statement for the Reward Points available for a Cat Card statement credit redemption. Special Services Recipients will need to call Customer Service to make this redemption or to find out their balance of Reward Points not restricted to a Cat Card statement credit redemption.
- Thresholds for redemption requirements for Special Services Recipients are measured under each of the Cat Vantage Rewards and Cat Card with Cat Vantage Rewards program for the redemption option requested and is set at 25 Reward Points for either redemption event.
On the Points Measurement Date, any Points Balance below twenty-five (25) is carried forward to the new annual cycle, but Members should be aware that all Reward Points carried forward are subject to expiration rules set forth below.
There are no limits to how often Members can redeem Reward Points within a year. We are eager to have Members earn Reward Points and have the chance to redeem them.
REWARD POINTS EXPIRATION
Reward Points you earn in this Program will either auto-redeem in accordance with these Terms or expire three (3) years from the date the Reward Points accrue (the “Points Expiration Date”). Reward Points earned under the Cat Card with Cat Vantage Rewards program accrue in accordance with the terms and conditions of the Cat Card with Cat Vantage Rewards Program. Rules and limitations for Reward Points earned through Cat Card, including expiration rules, can be found at cat.com/catcardrewards. Reward Points, regardless of how generated, must be redeemed no later than 4 p.m. (CST) on the corresponding Points Expiration Date.
REWARD POINTS FORFEITURE
If a Member closes their Points Account for any reason and has a positive Points Balance of not less than twenty-five (25), the Member will have one hundred eighty (180) days from the time of closure to redeem the Reward Points. All balances below 25 Reward Points shall be immediately forfeited at the end of the 180-day period.
Reward Points held by Members who achieve the twenty-five (25) Reward Points minimum threshold, but have not yet redeemed their Reward Points, will be subject to an annual auto redemption. The annual auto redemption will take place in January of each year and will be based on the Points Account with balances of twenty-five (25) Reward Points or greater. The full balance will be redeemed as of the Points Measurement Date.
If Members return goods which earned Reward Points through the Cat Card with Cat Vantage Rewards program, the portion of the Points Balance attributable to the Cat Card with Cat Vantage Rewards program shall be adjusted. As provided in the Cat Card with Cat Vantage Rewards program terms and conditions, Members who are in a negative status with regard to the Cat Card with Cat Vantage Rewards portion of the Points Balance will carry that status forward until they have utilized their Cat Card and earned the Cat Card with Cat Vantage Rewards portion of their Points Balance into a positive status. Returns do not otherwise affect Reward Points earned under this Program.
MECHANICS OF REDEMPTION
Members will view their Reward Points via MyCatFinancial.com, once that view is available. In the event the view is unavailable to Members or if Member so elects, Members can call 1-877-373-9567 or email email@example.com to obtain balances or to redeem Reward Points.
Each time you access and/or use the Program, you agree to be bound by and comply with these Terms and any Additional Terms (defined below). If you do not agree to these Terms, you are prohibited from participating in the Program. Sponsor reserves the right to terminate the Program or the Member’s participation in the Program at any time, subject to applicable law. In some instances, these Terms and separate guidelines, conditions, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, Members who participate in Cat Card with Cat Vantage Rewards have Additional Terms specifically governing the use of the Cat Card to generate Reward Points, including eligibility, and any special promotions that might arise under the Cat Card with Cat Vantage Rewards program. Enrollment in the Cat Card with Cat Vantage Rewards program automatically enrolls the Cat Card holder in this Program.
· IMPORTANT NOTICE: Members have the responsibility to review and understand applicable government policies and/or their employer’s policies (“policies”) and all applicable laws, rules, and regulations (“laws”) regarding eligibility to participate in trade promotions, including this Program. If a Member is participating in violation of any policies or laws, that Member will be disqualified from this Program, in Sponsor’s sole discretion. Sponsor disclaims any and all liability and responsibility related to this matter.
AGREEMENT TO ARBITRATION/DISPUTES
As a condition of participating in this Program, Members agree that any and all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, Member’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Program, and any other disputes that cannot be informally resolved between the parties arising out of or connected with this Program, or any element thereof, shall be resolved individually, without claim or resort to any form of class action, exclusively before a neutral one person binding arbitration panel located in the State of Illinois in the United States of America; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the State of Illinois in the United States of America, and any other court with jurisdiction over the parties. The arbitration shall be binding and conducted through the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. The arbitrator shall facilitate discovery but only one (1) deposition shall be permitted per party unless otherwise agreed. Within thirty (30) days of selecting the arbitrator, the filing party shall provide copies of all evidence in its possession that supports its demand. Within thirty (30) days of receipt of such information, the receiving party shall produce all evidence that supports its defense. The arbitration must be completed through the rendering of award within six (6) months of selection of the arbitrator. The hearing shall be no longer than three (3) consecutive business days equally divided between the parties. The arbitrator may award monetary damages only and may not include any exemplary or punitive damages. If an in-person hearing is required, then it will take place in Peoria, Illinois; provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. Federal and Illinois state law will govern this Program, regardless of conflict of laws. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Peoria, Illinois. The administrative and arbitrator's fees shall be shared evenly between the parties. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
Notwithstanding the foregoing, all disputes with respect to Reward Points redemption transactions (e.g., you dispute whether a Reward Points redemption transaction was properly authorized) will be governed by this paragraph. If you wish to dispute a Reward Points redemption transaction, you must do so by providing notice to us within thirty (30) days from the statement on which the transaction posts. Your notice must: (i) clearly indicate that you are disputing the transaction (not, for example, just requesting additional information); (ii) describe the basis for your dispute in reasonable detail; and (iii) supply all documents and other materials and information supporting the basis of your dispute. Once you have notified us of the disputed transaction and provided us with all the information and materials required by the preceding sentence (as well as any additional information or materials that we request after receiving your notice), we will contact the vendor identified with such transaction, and that vendor will, within a reasonable time, either correct the transaction to your satisfaction or supply us with information validating the transaction. You agree that we may share with the vendor all the documents and other materials and information you provided to us. You must provide any information reasonably requested by the vendor or us and must cooperate and respond to the vendor or us in an effort to resolve the dispute. We have the right, but not the obligation, to investigate and discuss the matter with both parties without the presence of the other party and, after such investigation to make a determination as to whether the transaction and related Cat Card draw downs, if any, are valid. In the event we determine that the transaction is valid, you agree to abide by the result and, if you are not in agreement with the outcome of the inquiry, you can withdraw from the Program. The Program dispute resolution otherwise is governed by the applicable provisions of your Customer Agreement, in the case of disputes under the Cat Card with Cat Vantage Rewards program, or by the provision below, in the case of all other transactions under the Cat Vantage Rewards Program.
PROGRAM PERIOD AND DEVICE REQUIREMENT
These revised Terms for Cat Rewards, refreshed as Cat Vantage Rewards and incorporating Cat Card with Cat Vantage Rewards are effective as of May 12, 2023. To the extent permitted by applicable law, Sponsor reserves the right to shorten, extend, suspend, modify, terminate, or cancel the Program or any element thereof, at its discretion, at any time without notice to you. The clock on the Sponsor’s server shall be the official time keeping device for this Program. All time referenced in connection with the Program is Central Time. Members are solely responsible for determining the corresponding time zone in their respective jurisdictions; Program Entities (defined below) disclaim all liability or responsibility relating thereto. In order to enroll in and use the Program, Members must have a Device that is capable of accessing the Internet. Messaging & data rates apply to Internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of purchase.
Members are responsible for obtaining and maintaining all Devices and other equipment and software, and all Internet service providers, mobile service, and other services needed for Member’s access to and use of the Program and Members will be responsible for all charges related to them. Sponsor shall not have any responsibility or liability for any failures, issues, and/or or errors caused by (i) the Member, the Member’s Representative, or any of their Authorized Users, (ii) any of their devices or Internet connection(s), and/or (iii) their service provider(s).
MODIFICATIONS OF TERMS AND CONDITIONS AND DISCRETION TO TERMINATE PROGRAM
EACH TIME YOU SIGN INTO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PROGRAM WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR EXPRESS AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted Terms each time you use the Program (at least prior to each transaction, submission, or activity). The revised Terms will be effective as to new use and transactions as of the time that we post them or such later date as may be specified. However, the Terms that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. You can reject any new, revised, or Additional Terms by discontinuing participation in the Program and related services.
TERMS FROM PROMOTIONS OR SPECIAL PROMOTIONAL PROGRAMS
In some instances, there will be a promotion or opportunity made available to you; in which Additional Terms, applicable to such offerings will be available through the Website (the “Program Details”). Program Details are expressly incorporated into these general terms by reference. Members should regularly check MyCatFinancial.com for information about upcoming promotions and opportunities, in order not to miss anything.
COMMUNICATIONS, NOTICES AND CUSTOMER SERVICE
By signing-up for the Program, Members agree that: (i) we may give you notices of important matters by prominently posting notice on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail, text and e-mail at the addresses provided in the Account. These communications may include notifications and/or announcements about the benefits of the Program and Members consent to receive these communications from us even if previously indicated that it no longer wanted to receive communications from us. Participation in the Program serves as express agreement to receive these communications from us.
Members may prospectively modify certain types of email communications received from us relating to the Program by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process.
Members agree to keep all information associated with their Account current, complete, accurate and truthful and to promptly update the Account accordingly.
Any questions regarding using the Program, may be submitted using the “Contact Us” form available on the Website. You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind, except as specifically provided in these Terms or as required by law. Your totals for your Points Balance, at times, might not reflect the most up to date information. If you have any questions about the information in your Points Account or Points Balance, please contact us.
Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by Members or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by an officer of the Sponsor.
LIMITATION OF LIABILITY
You agree that in no event shall Sponsor be liable under this Agreement to you or any third party for any claims, causes of action, demands, losses, liabilities and damages of any kind whatsoever existing now or arising in the future, as well as any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including any damages for business interruption, loss of use, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence) any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not Sponsor was advised of the possibility of such damages arising out of or in connection with your participation in the Program. You agree that in no event shall any actual or potential breach by Sponsor under this Agreement constitute irreparable harm and agree that you shall not make any claim for, or seek, injunctive relief.
In exchange for the right to participate in the Program, Members agree to indemnify, defend (at our option) and hold us harmless from and against any and all threatened or actual damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) Member’s access to and use of the Program and his/her activities in connection with the Program; (ii) Member’s breach or anticipatory breach of these Terms or any Additional Terms in whole or in part; (iii) Member’s violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Member’s use of the Program or Member’s activities in connection with the Website and the Program; (iv) information or material transmitted by Member or through a Member’s Device, even if not submitted by Member, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by Members; and (vi) our use of the information that Member’s submit to us (all of the foregoing, “Claims and Losses”). Members will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. Members will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sponsor. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
IF A MEMBER CLAIMS THAT IT HAS INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE ANY MEMBER TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH ANY CLAIM, MEMBERS AGREE THAT IT WILL NOT SEEK, AND IT WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SPONSOR OR ANY OF THE OTHER PROGRAM ENTITIES (INCLUDING MEMBER’S LICENSED USER CONTENT).
Caterpillar Inc. is the sole and exclusive owner the trademarks, service marks, trade names, logos, trade dress, and copyrighted or copyrightable materials of Caterpillar Inc. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of any trademarks owned by Caterpillar anywhere in the world.
Caterpillar retains all copyrights in any and all text, graphic images, and software owned by Caterpillar related to the Program. Nothing contained herein shall be construed as conferring any license or right of copyright, patent, or trademark owned by Sponsor, or their subsidiaries or affiliates.
CAT, CATERPILLAR, and their respective logos, Cat® Vantage Rewards, Cat® Card, Cat® Credits, "Caterpillar Corporate Yellow", the "Power Edge" and the Cat “Modern Hex” trade dress as well as corporate and product identity, are trademarks of Caterpillar and may not be used without permission. Cat and Caterpillar are registered trademarks of Caterpillar Inc., 100 N.E. Adams, Peoria IL 61629.