LAST UPDATED: 11/30/2020

By participating in the Lexus Perks (“Program”), you agree to follow and be bound by all the terms of this Lexus Perks Program Agreement ("Agreement"). In this Agreement, the words “you” or “your” mean everyone who applied for or requested membership in the Program as well as any other person who is a joint owner of a Lexus vehicle (“Lexus Vehicle”) used under the Program. The words “we”, “us,” “our,” or “Servco” mean Servco Pacific Inc., its affiliates, and their agents used under the Program.

Program and Perks Eligibility

• You must be an owner of a Lexus Vehicle in Hawaii to participate in the Program.
• Membership in the Program is subject to this Agreement. Any failure to comply with this Agreement, any fraud or misrepresentation of any information furnished to us by you, or anyone acting on your behalf, may result in the termination of membership in the Program and/or forfeiture of your perks earned under your Lexus Vehicle.
• In order to earn or redeem perks under the Program, your Lexus Vehicle must be currently registered under your name.
• You are not eligible to redeem any available perks if your Lexus Vehicle is not currently registered under your name.

Termination or Changes to the Program

• We reserve the right to terminate the Program, revise these terms or conditions, or to change the Program rules, benefits, or perks, in whole or in part, at any time with or without notice, even though changes may affect your ability to use accumulated perks. Such revisions will be posted on the Lexus Perks website with a “last updated” date. PLEASE REVIEW THE WEBSITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. Your continued participation in the Program after any change shall be deemed to be your acceptance of any such change. If you do not agree to any changes, you must immediately cease participation in the Program. The accumulated perks do not entitle you to any vested rights with respect to perks, credits, rewards, or benefits.

Expiration/Termination of Perks

• Perks are valid until they are redeemed or until they expire, whichever occurs first. Perks have no cash value except as described in connection with the Program and may not be used to repay other obligations to us or anyone else.
• If your Lexus Vehicle is no longer registered under your name for any reason, all unredeemed Perks shall automatically expire and cannot be used or redeemed for any purpose.
• Neither you, nor anyone claiming through you, are entitled to compensation from us or anyone else if Perks are lost or terminated in any way.

Redemption of Perks

• All perks, purchases and related fees are non-refundable and cannot be changed unless permitted by the terms specific to that redemption and/or purchase. Please review the specific terms and conditions provided at the time of redemption and/or purchase.
• All perk redemptions must be done pursuant to the instructions provided in your monthly perks email. For information related to your perks email events@servco.com.
• Individual merchants and service providers are responsible for the quality and performance of any goods or services each provides as a benefit under this Program. Any rules of the merchants relating to returns and exchanges apply. We are not affiliated with the providers of goods and services offered through the Program, and we are not responsible for the goods or services offered through the Program. Any disputes concerning perks will not affect your payment obligation to us. We are not responsible for any disputes among you, merchants or providers of the Program.

Gift Cards, Gift Certificates, E-Certificates and Merchandise

• Servco is not affiliated with any of the listed merchants and the listed merchants are not sponsors of this Program. Names and logos are registered trademarks and cannot be used by any person or company without written approval from the individual merchants.
• Gift cards/certificates/e-certificates may be applied toward the cost of any eligible merchandise and merchant services at participating vendors only, through the expiration date, if any, except where prohibited by law. If your purchase exceeds the value remaining on the gift card/certificate/e- certificate, you must pay for the excess at the time of purchase. You agree to settle all disputes about purchases you make using your gift card/certificate/e-certificate with the merchant. Gift cards/certificates/e-certificates cannot be resold and are non-refundable.
• Applicable fees may vary by individual merchant. Please see the merchant’s website for additional terms and conditions, which are subject to change.
• E-certificates are emailed to the address specified at the time of redemption. Gift cards/certificates/e-certificates will not be replaced if lost or stolen unless the merchant allows such replacement. Please see the merchant’s website for specific terms and conditions related to lost or stolen gift cards and certificates.
• Merchandise that is in stock will ship within approximately 7 business days after the redemption date. Some items may not ship to all locations. Out of stock and larger items may take longer to ship. If an item is out of stock you will be notified by phone within approximately 7 business days following the redemption. If you do not want to wait for out of stock items to ship, you have the option of canceling the redemption by notifying the Redemption Center agent at the time you are informed of the delay.
• Merchandise will not be shipped outside of the State of Hawaii.

Personal Responsibility with Alcohol

• Please do NOT drink and drive. Please drink responsibly and with moderation. We do not, under any circumstances, accept responsibility for any damages or bodily injuries that result to yourself or anyone else due to the consumption of alcoholic beverages or the use of this program.

Miscellaneous

• Perks may not be combined with any other type of promotion or certificate(s).
• Accumulated perks do not constitute your property and cannot be bought, sold or transferred in any way (including by reason of death, as a part of a domestic relations matter, or otherwise by operation of law) unless specified herein or otherwise provided by us. Any violation of the foregoing restriction may subject your membership to termination and/or liability for damages and litigation and transaction costs.
• Please consult your tax advisor concerning any income or other tax consequences that may be related to the Program. Liability for any applicable federal, state, or local tax arising out of the accumulation or redemption of perks shall be your sole responsibility.
• The Program is void where prohibited by federal, state, or local law.
• Neither our failure to exercise any of our rights under this Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Agreement on one occasion, such waiver shall not operate as a waiver to any other occasion.

Limitation of Liability

• Neither we nor any of our agents connected to the Program shall be liable for any bodily harm and/or property damage that may result from your participation in the Program, redemption of perks, or for the performance of any type of goods or services whatsoever provided or to be provided through the Program. We do not endorse, guarantee, or warrant the goods and services offered by any retailer, or other type of service or product supplier participating in the Program. To the fullest extent permitted by law, we specifically disclaim any representations or warranties, express or implied, regarding the Program, and any products or services, including any WARRANTY OF MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE or implied warranties arising from course of dealing or course of performance.