Preferred Customer Program of California LLC dba Procarma Insurance Service - Coverage

PARTIES TO THIS CONTRACT: This Contract is between the Customer (YOU) and the Selling Dealer. This is not an insurance policy, a warranty, or a guarantee. The Selling Dealer has appointed Preferred Customer Program of California LLC dba Procarma Insurance Service - Coverage (“PCP”) as the authorized administrator of this Contract.

CONTRACT PERIOD: Coverage under this Contract begins on the "Sold Date" shown on the front of this Contract and expires according to the term or mileage of the Service Plan selected, whichever matures first, Plan expiration is as noted in the Service Plan Information on the front of this Contract. PREPAID ONE MONTH CONTRACTS WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL PREPAID MONTH UNLESS YOU CHOOSE TO CANCEL PRIOR TO THAT RENEWAL. THE RENEWAL IS A SEPARATE, NEW CONTRACT, WITH A ONE MONTH TERM, SUBJECT TO AUTOMATIC RENEWAL. YOUR ACCOUNT DESIGNATED ON YOUR CUSTOMER ACCOUNT PAGE @ mypcp.us WILL AUTOMATICALLY BE CHARGED AT THE RATES IN EFFECT AT THE TIME OF RENEWAL.

SERVICE PLAN: Coverage will be provided according to the Service Plan selected by YOU on the front of this Contract. All services are fully detailed in YOUR MyPCP smart phone app or on your customer account page @ mypcp.us. Coverage is obtained by returning to the Selling Dealer and presenting your MyPCP smart phone app, or any of the following identification items (your contract, your contract number, your VIN number, or your first and last name) to the service department for available services. YOUR vehicle may need other services for YOUR driving conditions, Please refer to YOUR owner's manual for recommended services and intervals.

LIMITS OF LIABILITY: YOU will not be reimbursed for mechanical breakdown repairs, whether associated with or not associated with a Preferred Customer Program YOU are responsible for any state or local taxes relating to the performance of any Preferred Customer Program services. YOU will not be reimbursed for any upgraded or extra cost products used during a Preferred Customer Program service. PCP neither has nor assumes any other obligation or responsibility with regard to this Contract and/or YOUR vehicle. The Selling Dealer has sole responsibility for redeeming any Customer services. Replacement parts and filters, at the Selling Dealer's option, may be either Original Equipment Manufacturer (OEM), or of like kind and quality for YOUR vehicle.

YOUR RESPONSIBILITIES: YOU must return to the Selling Dealer and present your MyPCP smart phone app, or any of the following identification items (your contract, your contract number, your VIN number, or your first and last name) to the service department for available services. IF YOU DO NOT PRESENT any of the above listed items PRIOR TO PERFORMANCE OF PREFERRED CUSTOMER PROGRAM SERVICES OR IF YOU DO NOT RETURN YOUR VEHICLE TO THE SELLING DEALER FOR PERFORMANCE OF PREFERRED CUSTOMER PROGRAM SERVICES, THE SELLING DEALER WILL NOT BE OBLIGATED TO REIMBURSE YOU FOR THE COST OF ANY SERVICES.

CANCELLATION: YOU may cancel this Contract at any time. To cancel, YOU must either (1) return to the Selling Dealer and deliver written notice of cancellation of this Contract and all unredeemed Customer services, or (2) for a prepaid one month plan, cancel as provided on your MyPCP smart phone app or your customer account page @ mypcp.us. Except for contracts with a term of less than sixty (60) days, if YOU cancel this Contract during the first sixty (60) days of the term of this Contract, YOU will receive a one hundred percent (100%) refund of the Purchase Price paid under the terms of this Contract, reduced by the amount of any Customer services redeemed by YOU. If YOU cancel this Contract after the first sixty (60) days of the term of this Contract, YOU will receive a pro-rata refund calculated by multiplying the Purchase Price paid under the terms of this Contract by the Contract Refund Percentage. The Contract Refund Percentage shall be equal to One (1) minus the greater of the following two ratios: (i) the number of months expired between the date the Customer Contract was entered into and the date of cancellation of the Customer Contract divided by the total term of the Customer Contract, and (ii) the number of odometer miles added between the date the Customer Contract was entered into and the date of cancellation of the Customer Contract divided by the total miles allowed under the terms of the Customer Contract. YOUR refund will be further reduced by a forty-dollar ($40) cancellation fee. In the event of cancellation, YOU authorize the holder of any lien on YOUR vehicle to receive any refund amounts. Upon the Selling Dealer's receipt of notification of a total loss or repossession of YOUR vehicle, or upon failure to pay for a prepaid one month plan, this Contract will be terminated, and all rights and interest to a refund under this Contract will immediately transfer to the lienholder, if any, and the lienholder will be named sole payee of any refund amounts. This Contract is not otherwise cancelable by the Selling Dealer except for fraud, material misrepresentation, or failure to pay the Purchase Price. No refund will be made without YOU completing the form of cancellation request approved by PCP.

TRANSFER: YOU may transfer the Preferred Customer Program Plan to another owner but not to another vehicle. To transfer the Contract, YOU must call PCP at 1-251-990-3131 for a return envelope and mail the following three (3) items to PCP thirty (30) days after the transfer of vehicle ownership: (1) a letter containing the name and address of the new owner and YOUR authorization to transfer; (2) a legible copy of the front page of this Contract; (3) a check in the amount of $40 payable to PCP in payment of the transfer fee.. A new MyPCP account will be created with the balance of any remaining services. This Contract may not be transferred to any entity in the business of selling or leasing motor vehicles.

PAYMENTS: Selling Dealer shall perform Preferred Customer Program services covered under this Contract without charge to YOU for such services (except for any state or local taxes). YOU shall pay for any other services performed by Selling Dealer. Your account designated on your customer account page @ mypcp.us will automatically be charged for prepaid one month plans.

GENERAL: The terms and conditions outlined above represent the full and complete agreement between the parties. No oral representation or statements may be relied upon by YOU. This Contract shall be governed by the laws of the state in which it is sold No amendment, supplement, or waiver of any of the provisions of this Contract will be binding against the Selling Dealer or PCP unless it is in writing and is signed by the authorized representative of Selling Dealer or PCP PCP may delegate the performance of their respective duties and obligations and their rights and benefits under this Contract.By participating and using the app for any purpose, you consent to receive text messages, Emails and Phone call sent by an automatic telephone dialing system or the customer engagement team. Consent to these terms is not a condition of purchase.

3RD PARTY SDK: MYPCP website and TOM BELL AUTO app utilizes the 3rd party SDK of Facebook to share the links on Facebook wall. We use Facebook SDK Share Post Now (Friends) refers to sharing on your own Timeline. "Share..." gives you options to share on a friend's Timeline, in a group, or on a Page you manage. But no user's data is collected in this process nor given to Facebook.

USER DATA: The TOM BELL AUTO app shows the customer information that is taken at the time of creating the contract. User can update his/her name, phone, zip, state and country in the TOM BELL AUTO app. User can upload the image from their mobile device to his/her profile or can upload images via chat between the customer and the Dealership customer support.

Personal and Sensitive User Data: We prioritizes user privacy and does not share personal data such as names, phone numbers, or email addresses with third parties. We adhere strictly to this principle to safeguard your personal information. Additionally, any third-party code integrated into our app complies with our policies, ensuring the protection of user data.

SMS Opt-In and Opt-Out Process
Opt-In Process:

  • Upon becoming a customer of our dealership, you will receive an opt-in message, which reads as follows: "Please send 'Start' to opt-in to SMS messaging."
  • To consent to receiving SMS messages from us, simply respond to the opt-in message with 'Start'
  • Once you opt-in, you will be included in our SMS communication list, allowing us to provide you with important updates, promotions, and notifications via text message.

Opt-Out Process:

  • We respect your privacy and understand that you may choose to opt out of our SMS messaging service at any time.
  • With every SMS message you receive from us, there will be an opt-out message included, which reads: "To unsubscribe, type Yes'."
  • To discontinue receiving SMS messages, reply to any of our SMS messages with the word Yes' or ‘UNSUB’.
  • Upon opting out, you will no longer receive SMS messages from us, although we may still contact you through other channels as permitted by our communication policy.

Your privacy is of utmost importance to us, and we are committed to ensuring a simple and transparent SMS opt-in and opt-out process for our customers. If you have any questions or concerns regarding our SMS communication practices, please refer to our full Privacy Policy or contact our support team for further assistance.

PLEASE READ THE TERMS OF THIS CONTRACT CAREFULLY BEFORE ACCESSING OR USING YOUR MYPCP APP, OR YOUR DEALER BRANDED APP DESIGNED BY DCI, OR YOUR CUSTOMER ACCOUNT PAGE @ mypcp.us, OR THE SERVICES OUTLINED IN THE CONTRACT. BY EXECUTING A CONTRACT, ACCESSING OR USING THE MYPCP APP OR YOUR DEALER BRANDED APP DESIGNED BY DCI,OR YOUR CUSTOMER ACCOUNT PAGE @ mypcp.us, OR THE DEALER”S SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. PLEASE DO NOT USE THE MYPCP APP OR YOUR DEALER BRANDED APP DESIGNED BY DCI, OR YOUR CUSTOMER ACCOUNT PAGE @ mypcp.us, OR THE DEALER’S SERVICES IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT.