Rewards Program Terms

The Paceline Rewards Program (“Program”) is brought to you by Tam(squared) Inc. (“Company”, “We” or “Us”).  These Program terms (“Program Terms”) govern your use of the Program.

PLEASE READ THESE PROGRAM TERMS AND THE RELATED TERMS OF USE LOCATED AT HTTP://PACELINE.FIT/TERMS AND THE COMPANY PRIVACY POLICY LOCATED AT HTTP://PACELINE.FIT/PRIVACY (BOTH OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE) BEFORE PARTICIPATING IN THE PROGRAM.  BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THESE PROGRAM TERMS, INCLUDING, WITHOUT LIMITATION, THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER INCLUDED IN THE TERMS OF USE.  THIS AFFECTS YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH COMPANY.

In the event of any conflict or inconsistency between these Program Terms and the terms of any other policies incorporated herein, these Program Terms will prevail, govern and control with respect to any matters pertaining to the Program, and the other policies will prevail, govern and control with respect to all other matters. If you do not agree to these Program Terms, you may not participate in the Program. The Program is only for your own personal use. You may not use the Program for commercial purposes, or in any way that harms Company or any other person or entity, as determined by Company in its sole discretion.

Eligibility.

The Paceline mobile application (“Mobile Application”) allows users to receive financial and other rewards based upon personal characteristics, including, but not limited to, areas such as physical activity and financial habits.

Users of the Mobile Application are automatically enrolled in the Program and are referred to herein as “Program Members”.

In order to participate as a Program Member, you must reside in the United States and be 18 years of age or older with a Paceline account in good standing.  You may only have one Program account and may not share your Program account or have multiple Program accounts.  Memberships cannot be merged or transferred.

How to Earn Streaks.

The Program awards “Streaks” based upon American Heart Association and World Health Organization guidelines.

Streaks are awarded to Program Members based on their physical activity, as measured by certain Company-approved third party devices and services.  The amount of physical activity required to earn Streaks is displayed to Program Members within the Mobile Application.  There may be other ways to earn Streaks, and all methods are subject to change in Company’s sole discretion.  The ability and details around each Streak earning opportunity, including, but not limited to, any specific physical activity threshold, will be disclosed when the opportunity is presented.

The Program may require that the requisite amount of physical activity occur within specific periods of time.  The start times and the end times may be based on the local date and time settings of the measuring device.  Company is not responsible for device time zone changes that prevent a Program Member from achieving a Streak.  In addition, Company is not responsible for measurement errors by third party devices and services.

Streaks accumulate over the course of 12-week measurement periods (“Measurement Periods”).  At the end of each Measurement Period, Streaks that have not been used to claim “Rewards” (as defined below) automatically expire.  A new Measurement Period begins, and the Program Member restarts at zero Streaks.

Streaks are granted at the discretion of Company.  Company reserves the right, in its sole discretion, to determine and modify, at any time, the value of Streaks and the number of Streaks that may be earned for any given activity.

Streaks have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Streaks obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Streaks may be confiscated or cancelled. Streaks will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed.

How To Use Streaks to Claim Rewards.                                                                

Company may offer rewards (“Rewards”) in the Mobile Application in exchange for accrued Streaks.  The Rewards available and the number of Streaks required for redemption of a Reward will be displayed in the Mobile Application and may vary at Company’s sole discretion.  Company reserves the right to modify, amend or revise the Rewards available.

Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only.  The actual Reward may vary from the Reward pictured.  All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by Company in its sole discretion.

Streaks may only be used to claim Rewards in accordance with these Program Terms.  Streaks cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion.  Once you have used your Streaks to claim Rewards, they are gone and there are no refunds, returns or exchanges for additional Streaks, cash, or other goods and services, even if you return the merchandise or other item(s) that your Streaks were used toward.

Company is not the provider of Rewards, and all Rewards offered under the Program are provided by third party business partners.  Company shall not be responsible or liable for, and is hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, from a Program Member’s acceptance, receipt, possession and/or use or misuse of any Reward, and Company has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Reward, including, without limitation, to such Reward’s quality or fitness for a particular purpose.

Rewards are offered on an “as available” basis, contingent upon third-parties’ availability to provide the Rewards and other contingencies which may impact availability of Rewards at certain times and places.  Rewards may be subject to additional terms and conditions, in which case, you agree to such additional terms and conditions when you use Streaks to claim such Rewards.  Please see specific Reward offers in the Mobile Application for such additional terms and conditions.

Except as otherwise permitted by Company and the third-party provider of a Reward in the applicable additional terms and conditions, Rewards are non-assignable and non-transferable and may not be bartered or sold.  Any Rewards assigned, transferred, bartered or sold in violation of these Program Terms may be confiscated or cancelled.

Taxes.

Program Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Company in its sole discretion, Company reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.

How To View Streak History and Rewards and Report Errors.

Program Members can view their Streak history and Rewards within the Mobile Application.  If you think your Streaks balance is incorrect, you must report your issue before the end of the Measurement Period in which the Streak was supposed to have been earned, using the “Support” section of the Mobile Application, or by contacting Paceline support as noted in the Contact Us section below.  If Company agrees that a correction is needed, it may take up to four weeks.  Failure to supply necessary documentation may result in an inability to award Streaks.  For verification, you should retain all documentation, including but not limited to device history, until your Streak is credited to your Program account.

Account Termination.

Participation in the Program is a privilege granted to Program Members, and as such can be suspended, revoked, or terminated at any time by Company for any reason. If your Program membership is terminated, all Streaks associated with your Program membership and any other Program benefits will be forfeited immediately upon termination.  If your Program membership is terminated due to fraudulent activity or noncompliance with these Program Terms, in addition to forfeiting all Streaks and other Program benefits, you cannot participate in or rejoin the Program.

In addition, Streaks and other Program benefits expire should you cancel your Paceline account.

Use of certain Rewards may require access to the Mobile Application.  For example, if you use a Reward to attend a class at a gym, the gym may require that you check in via the Mobile Application.  For that reason, please do not cancel your Paceline account or delete the Mobile Application prior to using your claimed Rewards.

Program Changes and Termination.

Company may modify any of these Program Terms, including, but not limited to, the methods through which Streaks can be earned, how Streaks can be used, the types or “classes” of Streaks available, and the conditions under which Streaks may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Program Member’s ability to use the Streaks that he/she has already earned. The Program has no predetermined termination date and may continue until such time as Company decides to terminate the Program. Company may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, by giving notice via the Mobile Application.

If you continue to participate in the Program by earning Streaks, using Streaks to claim Rewards, logging onto your account or in any other way after these Program Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Program Terms will be available in the Mobile Application and will supersede all previous versions of these Program Terms.

If Company decides in its sole discretion to discontinue the Program, Program Members will have approximately thirty (30) days or an amount of time deemed reasonable by Company in its sole discretion from the date Program termination is announced to use their remaining Streaks.  Use of any remaining Streaks will be on a first come, first serve basis and otherwise subject to the availability of Rewards. Program Members may not rely on continued Reward availability. Company makes no representation or warranty about the number or type of Reward that may be available after Program termination has been announced, and many Reward that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announced. Any Streaks remaining in a Program Member’s account at the time of termination will be forfeited and no compensation will be provided.

Company may cancel your membership, cancel accumulated Streaks, alter the number of Streaks in your account or suspend your membership privileges at any time with immediate effect if Company determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Program Terms; (d) engaged in any fraud or abuse concerning Streaks, Streaks usage or Streaks redemption; or (e) engaged in any conduct or act that causes Company to terminate or suspend your access to the Mobile Application. Company may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Program Terms shall limit Company in its exercise of any legal or equitable rights or remedies.

Transfer of Rights.

Company’s rights and obligations under the Program may be assigned or transferred by Company to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.

Interpretation of Program Terms.

All interpretations of these Program Terms will be at Company’s sole discretion and Company’s decisions will be final.

Program Malfunctions and Conduct.

Company is not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, Company is not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Streaks. In no event will Company be liable for, and members expressly release the Company from any claims as to the issuance of any unintended Streaks. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Company reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Company deems appropriate. In the event Company is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Company’s control (each a “Force Majeure” event or occurrence), Company have the right to modify, suspend, or terminate the Program, in whole or in part.

Disclaimer and Limitation of Liabilities.

ACCRUED STREAKS DO NOT CONSTITUTE PROPERTY OF A PROGRAM MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. STREAKS ARE CREDITS THAT COMPANY MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. STREAKS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Program Member is responsible for ensuring that the information in his/her account is accurate and is kept current. If a Program Member believes that his/her account does not properly reflect Streaks earned from engaging in any activities, the Program Member must contact Company to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Company reserves the right to seek damages from any such person to the fullest extent permitted by law. Company’s failure to enforce any of these Program Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting or use of Streaks, or a Program Member’s compliance with these Program Terms will be resolved by Company in its sole discretion.

The Program and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons.  Company is not responsible for any unavailability, interruptions or errors of the Program or its features.  Company is not responsible for unauthorized use of Streaks. Company may from time to time request information from you to confirm your identity before it will allow the redemption of Rewards.  Company may delay your access to the Rewards until you comply with this information request.  The Program and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis.  Company makes no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Program, the information, materials, content, availability, and products.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, FOR ITSELF AND ITS THIRD PARTY BUSINESS PARTNERS PROVIDING REWARDS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND ITS THIRD PARTY BUSINESS PARTNERS PROVIDING REWARDS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY (OR ANY OF ITS THIRD PARTY BUSINESS PARTNERS) KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.  IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $100.

Dispute Resolution

THE ONLINE TERMS OF USE THAT ARE INCORPORATED INTO THESE PROGRAM TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES, WHICH ARE APPLICABLE TO ALL PROGRAM MEMBERS.

Contact Us.

If you have any questions about the Program or otherwise need to contact Company for any reason, you can reach Company at our Support page.

Last updated: November 19, 2019

 

Privacy Preference Center