United States
Effective Date: January 15, 2025
Welcome to Cat® Vantage Rewards. 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 the Program website, www.cat.com/GetRewarded (“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.
The former Cat Card Rewards program, now known and amended to be the Cat Card with Cat Vantage Rewards earning opportunity (described in detail below) under this Program, is incorporated into and governed by these Terms. As a Cat Card Accountholder (defined as those customers with an active Cat Card account), continued access or use of the Cat Card with Cat Vantage Rewards earning opportunity means you have agreed pursuant to that certain Customer Agreement for Cat Financial Commercial Account (the “Customer Agreement”) to be bound by and comply with these Terms. Your continued participation in the Cat Card with Cat Vantage Rewards earnings opportunity is deemed your express consent to be bound by any revised 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, its subsidiaries, and, in relation to the Cat Card with Cat Vantage Rewards earning opportunity, Caterpillar Financial Commercial Account Corporation (“CFCAC”) (Caterpillar Inc. and CFCAC 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.
DATA PRIVACY
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.
Note:
- 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 Cat Credits). Members cannot purchase, sell, barter, trade, transfer, or assign their Reward Points to any other person(s) or business entity.
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.
ELIGIBILITY
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, or 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.
EXCLUSIONS FROM ELIGIBILITY
The following are not eligible to participate in the Program:
- Managed Account Customers.*
- 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 the Program to acquire goods for export.
- 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.
- Additionally, the following limitations apply: Cat Card account Special Services Recipients** can participate but are limited in their redemption opportunities. Special Services Recipients are only eligible for redemption of Reward Points for Account statement credits to pay down their Cat Card balance, and then, only in accordance with these Terms, for those Reward Points earned through the Cat Card with Cat Vantage Rewards earning opportunity. This is due to the complexities of their billing needs and their engagement of CFCAC to assist with those.
If a Member becomes a Special Services Recipient or 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.
*Managed Account Customers are Accountholders 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 a Managed Account Customer is also a Special Services Recipient, the Managed Account Customer status governs for their eligibility under this program.
**Special Services Recipients are Cat Card accountholders which have engaged CFCAC to assist with their complex billing needs, including:
– Creation of customized statements
– Creation of account set ups to mirror Accountholder’s customers’ billing needs
– Assisting Accountholders with dispute resolutions with their customers
– Meeting special reporting needs
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 enablesMembers to participate in the Program through various earning opportunities. 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 Reward Points. The Points Account is tied to the Member Representative’s credentials.
- There is no cost to enroll in the Program.
- Members may experience a delay in earning Reward Points under this Program, until they are validated by their Cat Dealer. Once validation has occurred, Members 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 earning and/or redeeming Reward Points. For instance, eligible Cat Card accountholders are automatically enrolled in Cat Vantage Rewards and the Cat Card with Cat Vantage Rewards earning opportunity. Eligible Cat Card accountholders must provide certain information to participate, so that Cat Vantage Rewards can be administered. One of those requirements is a valid, contact email address for the business. If a Cat Card accountholder does not wish to provide the information required, they are advised not to participate.
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. For Members with a Cat Card account, the Member Representative will by default be the first listed account authorized user, as defined in their Customer Agreement, on their Cat Card Account. 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 Members’ authorized users (“Authorized Users”) and Authorized Users can earn Reward Points. Authorized Users may initiate a Reward Points redemption via MyCatFinancial.com but will not have access to the resulting Cat Credits e-certificate which will be sent to the Member Representative email address on record. Only the Member Representative may redeem Reward Points at checkout on approved e-commerce sites.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 Program website or by contacting the Sponsor through the contact information provided on the Program website. In connection with the Points Account, Member, through its Member 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 the Member’s 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 information provided on the Program 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.
WHAT IS A QUALIFYING PURCHASE?
Reward Points may be earned on Qualifying Purchases made in accordance with these Terms. “Qualifying Purchases” are (i) those purchases of parts, and work tools made through approved e-commerce sites; or (ii) those purchases of parts, service, sales, work tools and rentals of Catequipment made with a Cat Card account at a Cat Dealer, The Cat Rental Store or other approved Cat Card vendor. New or used machine purchases are not Qualifying Purchases. Purchases made for resale or export purposes are NOT Qualifying Purchases. 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 purchases for the sake of resale or export.
Please note, not all Cat Card vendors participate in Cat Vantage Rewards. As a result, purchases from such vendors would not be Qualifying Purchases and would not earn Reward Points. For avoidance of doubt, contact Sponsor or your desired Cat Card vendor to confirm whether a Cat Card purchase from a particular vendor will earn Reward Points. Cat Credits applied on approved e-commerce sites will contribute to Reward Points earned by any Member while the Member is logged on to their Points Account. Generally, Reward Points earned under the e-commerce earning opportunity (detailed below) 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 under the Cat Card with Cat Vantage Rewards earning opportunity, however, will accrue at the time of purchase.
WAYS TO EARN
Reward Points will be earned in accordance with the current earnings offer(s) found at www.cat.com/GetRewarded and detailed below. All earnings offers are subject to change in accordance with Sponsor’s discretion in managing the Program. As of the effective date of these Terms, Reward Points can be earned under the following opportunities:
- Cat Vantage Rewards E-commerce Earning Opportunity: Members can earn Reward Points on Qualifying Purchases made through approved e-commerce sites – parts.cat.com and Cat Central. Members must be fully registered on either Parts.cat.com or Cat Central to be eligible to earn under this opportunity. Reward Points earned from this earning opportunity will be rounded to the nearest whole point. For example, 50.51 Reward Points is rounded to 51 points while 50.49 Reward Points is rounded to 50 points.
- Cat Card with Cat Vantage Rewards Earning Opportunity: The Cat Card with Cat Vantage Rewards (formerly referred to as Cat Card Rewards) earning opportunity, offers Members the chance to earn Reward Points on Qualifying Purchases made with a Cat Card account. A qualifying purchase under the Cat Card with Cat Vantage Rewards earning opportunity is any purchase of parts, service, sales, work tools or rentals made with a Cat Card account at a Cat Dealer, The Cat Rental Store, Parts.cat.com, Cat Centralor other approved Cat Card vendor. Not all Cat Card vendors participate in Cat Vantage Rewards, even if they accept a Cat Card account as payment. Additional terms and restrictions surrounding the Cat Card with Cat Vantage Rewards earning opportunity are provided herein.
The earning percentage and any related or additional earning limitation under these opportunities can be found on the Program Website. The Points Balance under this Program consists of Reward Points earned under all earning opportunities. All Cat Vantage Points accrue based on local currency spend. 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.
POINTS ACCRUAL OPPORTUNITIES
From time to time, Sponsor might offer additional opportunities for earnings at rates different than the core percent of total spend formula or the earning opportunities listed above. Special promotional opportunities might also be announced. It is possible for a Member to be eligible for one or more promotional earning opportunities under this Program. An advantage of being fully enrolled and eligible for all earning opportunities is that a Member could sometimes earn Reward Points in two different ways for the same Qualifying Purchase (note that definitions of “Qualifying Purchase” may vary between earning opportunities).
Example 1: If a Member fully registered on parts.cat.com (“PCC”) spends $2,500 when purchasing parts on PCC, the Member will earn 75 Reward Points. If that same Member is fully registered on PCC and spends $2500 on PCC with their Cat Card account, the Member will earn100 Reward Points (75 Reward Points through the e-commerce earning opportunity and 25 Reward Points through the Cat Card with Cat Vantage Rewards earning opportunity).
Example 2: If a Member fully registered on PCC spends $20,000 when purchasing parts on PCC, the Member will earn 450 Reward Points (3% of purchases up to $15,000 of total spend annually). If that same Member is fully registered on PCC and spends $20,000 on PCC with their Cat Card account, the Member will earn 650 reward points (Annual maximum 450 Reward Points through 3% e-commerce earning opportunity and 200 Reward Points through unlimited 1% Cat Card with Cat Vantage Rewards earning opportunity).
REWARD POINTS REDEMPTION
Members may redeem Reward Points for Cat Credits. There are no limits to how often Members can redeem Reward Points within a year. Cat Credits may be used on future purchases of parts, services, sales, work tools and rentals of Cat equipment at participating Cat dealers, The Cat Rental Store and approved online retailers. Availability to use Cat Credits on Parts.cat.com and Cat Central varies by dealer. Visit https://www.cat.com/en_US/support/cat-credits-global.html for full details and rules governing Cat Credits.
Members can view and redeem their Reward Points for Cat Credits in two ways:
- Members can view and redeem accrued Reward Points via MyCatFinancial.com. Reward Points cannot be redeemed via MyCatFinancial.com until a Member’s Points Balance is at least equal to the redemption threshold minimum of twenty-five (25)Reward Points. Reward Points redemptions through MyCatFinancial.com must be made in amounts no less than twenty-five (25) Reward Points. In the event MyCatFinancial.com is unavailable to Members or if Member so elects, Members can call 1-877-373-9567 or email rewards.catcredits@cat.com to obtain balances or to redeem Reward Points.
- Members can view and redeem Reward Points at checkout on parts.cat.com or Cat Central. Application of Reward Points on Parts.cat.com or Cat Central checkout constitutes a redemption event. Accordingly, Reward Points applied to purchases at checkout on parts.cat.com or Cat Central will automatically be redeemed for Cat Credits upon order placement and the resulting discount will be instantaneously applied to the order at issue. Reward points redeemed via parts.cat.com or Cat Central are not subject to the twenty-five (25) Reward Point minimum redemption threshold.
If a Member redeems Reward Points under this Program and their Points Balance includes Reward Points earned through the Cat Card with Cat Vantage Rewards earning opportunity and Reward Points earned through other earning opportunities under this Program, then 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 earning opportunity. Members with a Cat Card account will not be able to redeem Reward Points in the event their Cat Card account is not in good standing. See Reward Points Expiration section below for more details.
REWARD POINTS – MINIMUM THRESHOLD AND AUTO REDEMPTION
Members accrue Reward Points over the course of a year with a system measurement of the Points Balance posted in January each year (“Points Measurement Date”).
Unless redeemed at checkout on Parts.cat.com or Cat Central, Members must accrue at least twenty-five (25) Reward Points by the Points Measurement Date to redeem them via MyCatFinancial.com. Members are free to redeem Reward Points via MyCatFinancial.com at any time during the rest of the year once they have passed the twenty-five (25) Reward Points threshold. 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 e-commerce earning opportunity and the Cat Card with Cat Vantage Rewards earning opportunity. That is, all Reward Points earned by Special Services Recipients which are not earned through the Cat Card with Cat Vantage Rewards earning opportunity 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 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.
Subject to the following restrictions and those listed in the Reward Points Expiration section below, all Reward Points can be redeemed for Cat Credits.
- If Member is a Special Services Recipient under the Cat Card with Cat Vantage Rewardsearning opportunity, all Reward Points derived from an earnings opportunity other than Cat Card with Cat Vantage Rewards 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 earning opportunity can only be redeemed as a Cat Card statement credit. Special Services Recipients should check their Cat Card statement for the Reward Points available for a Cat Card statement credit. 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 earning opportunity and is set at twenty-five 25 Reward Points for either opportunity.
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.
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”). Expiration of Reward Points may differ depending on the earning opportunity under which they accrue. Refer to the earning opportunities detailed above for more information. Reward Points, regardless of how generated, must be redeemed no later than 4 p.m. (CST) on the corresponding Points Expiration Date.
It is important to note for Members with a Cat Card account, that as long as your Cat Card account is active and in good standing, the Reward Points you earn through Cat Card with Cat Vantage Rewards will either auto-redeem in accordance with these Terms or expire by the associated Points Expiration Date. Members with Cat Card accounts in good standing will be able to redeem Reward Points in accordance with the redemption options detailed above. Your Cat Card account will not be in good standing if any of the following apply:
- Your Cat Card account is in default as described in your Customer Agreement, and/or
- Your Cat Card account is closed by CFCAC for any reason, and/or
- There is any fraud or abuse related to the accrual or redemption of Reward Points on your Cat Card account.
Members with Cat Card accounts that are not in good standing will not be able to redeem Reward Points or earn new Reward Points under any Cat Vantage Rewards earning opportunity. Reward Points will be made available for redemption when the Member’s Cat Card account is brought back to good standing.
Members with Cat Card accounts who are in bankruptcy are permitted to redeem Reward Points, notwithstanding the status of their Cat Card account. Normal expiration rules apply to such Members’ Reward Points.
REWARD POINTS FORFEITURE
Members may contact Cat Vantage Rewards customer service at 1-877-373-9567 to opt-out of the Cat Vantage Rewards program and close their Points Account. 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 twenty-five (25) Reward Points shall be immediately forfeited at the end of the one hundred eighty (180) day period.
AUTO-REDEMPTION
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.
RETURNS / NEGATIVE BALANCE
If a Member returns goods for which earned Reward Points under this Program were awarded, then the Reward Points earned on the original Qualifying Purchase will be subtracted from the Member’s Points Balance. Members whose Points Balance is in a negative status will carry that status forward until they have made additional Qualifying Purchases and earned their Points Balance into a positive status.
ADDITIONAL TERMS
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 earnings opportunity 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 earning opportunity. Eligible Cat Card Accountholders are automatically enrolled in this Program at the time of account opening.
• 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
All disputes with respect to Reward Points accruals, earnings, or redemptions (“Reward Points Transaction”) (e.g., you dispute whether you received the proper amount of Reward Points under a specific transaction) will be governed by this paragraph. If you wish to dispute a Reward Points Transaction, you must do so by providing notice to us within thirty (30) days from the time on which the transaction posts to your Points Account. Your notice must: (i) clearly indicate that you are disputing Reward Points 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 investigate the validity of the Reward Points Transaction. This may include contacting any vendor identified with such transaction, and that vendor will, within a reasonable time, supply us with information validating the transaction. You agree that we may share with said vendor all the documents and other materials and information you provided to us. You agree to provide any information reasonably requested and cooperate and respond to the vendor or us 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 decide as to whether the Reward Points Transaction is valid. In the event we determine 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 earnings opportunity, or by the following arbitration provision, in the case of all other transactions under the Cat Vantage Rewards Program.
Subject to the foregoing paragraph, 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. 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.
PROGRAM PERIOD AND DEVICE REQUIREMENT
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. 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.
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 for the Points 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 Points Account current, complete, accurate and truthful and to promptly update the Points Account accordingly.
Any questions regarding using the Program, may be submitted by contacting us through the contact information provided on the Program 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 hereunder 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/or damages of any kind whatsoever existing now or arising in the future, as well as any consequential, indirect, incidental, exemplary, special, and/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.
INDEMNITY
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 Program 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, AND/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).
INTELLECTUAL PROPERTY
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.
