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Tally Health's Referral Program's Terms of ServiceUpdated 2 months ago

REFERRAL PROGRAM


The following terms and conditions (these “Referral Terms”) govern participating in the REFERRAL PROGRAM (the “Referral Program”) offered      by Tally Health      (“Tally Health”, “we” or “us”).  These Referral Terms are made part of the Tally Health Terms of Service, which are incorporated herein.   


Tally Health reserves the right to modify these Referral Terms at any time, without notice to you.  Participation in the Referral Program and/or acceptance of Rewards is considered acceptance of these Referral Terms and any modified terms included therein. In its sole and absolute discretion, Tally Health may cancel, change, suspend or modify any aspect of the Referral Program and/or any Reward at any time, including the availability of any Rewards or benefits, without notice.  


THE REFERRAL PROGRAM: The Referral Program entitles members of a Tally Health membership Program (each “Member”) who make Qualified Referrals (as defined below) to earn Rewards (each a “Reward” and collectively “Rewards''). Current Rewards are described below may change from time to time and may be made available for limited times, all as determined by Tally Health in its sole discretion.  

ELIGIBILITY: To be eligible for the Referral Program, you must be a Member of a Tally Program and a legal resident of the fifty (50) United States or District of Columbia and over 18 years of age.  To participate in the Referral Program, you need to send referral links made available to you by Tally Health (“Referral Link”) to Qualified Referrals. Rewards will be made in the form of a Referral credit (“Referral Credit”) and automatically applied to the  next payment cycle of your Program fees in accordance with these Referral Terms. The Referral Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use. Nothing in this Agreement implies any employment or joint venture relationship between Tally Health and Member.

QUALIFIED REFERRALS.  A “Qualified Referral” occurs when a referral uses a Referral Link to link to a Program sign up page and, within 12 months of using such Referral Link,  becomes a first-time customer in a Program (not including Amplify and individual  TallyAge Test Kit customers) and stays an active member of such Program for at least thirty (30) days.  Members can make an unlimited number of Qualified Referrals in connection with the Referral Program. 


Referral Program participants are solely responsible for the placement of Referral Links that they send to referrals or place on their platforms and for ensuring that Referral Link matches the provided formatting necessary for Tally Health to properly track referrals.  Participants may not make inaccurate, overbroad, deceptive, or otherwise misleading claims about Tally Health or any Program.

Tally Health will use reasonable efforts to accurately track Qualifying Referrals generated from Referral Links. Notwithstanding the foregoing, you hereby acknowledge and accept that the Referral Links and the tracking system employed by Tally Health is not 100% fail-safe and that there may on occasion be instances of referrals made that are not credited to a participant due to malfunction of tracking systems or Referral Links,  actions by customers to circumvent a Referral Link so that Tally Health’s software is unable to accurately track the referral; bugs, glitches or crashes of the tracking software that render it unable to accurately track referrals for a period of time; or other reasons. You will not hold Tally Health liable to compensate for any claimed Rewards that were not tracked and recorded by Tally Health’s tracking software.


REWARDS. Rewards for Qualifying Referrals is currently a fifty dollar ($50.00) Program credit (“Reward”). Members must be active, paying members of a membership Program in order to receive Rewards. Credits for Members will be automatically applied to Member’s next monthly  Program membership fee, once a Qualified Referral Member has joined the membership Program and has stayed an active member for at least thirty (30) days. There is no limit to the number of Rewards a  Member can earn. Tally Health reserves the right to substitute a Reward of equal or greater value at any time in its sole discretion. Restrictions and additional Reward terms may apply and are subject to verification. Rewards will not be issued and will be forfeited if a Member terminates his/her membership in the Program prior to being charged their next monthly Program fee.  Rewards will not be issued and will be forfeited upon termination of Referral Program or if the Member is expelled from Referral Program. Tally Health is not responsible for Rewards that are not properly credited. Members are responsible for ensuring that they have provided an accurate email address to Tally Health. Rewards are not transferable and may not be copied, auctioned, traded, bartered or sold. Any other use constitutes fraud. Rewards are void where prohibited by law.

Tally Health may delay a Reward for the purposes of investigation and may refuse to verify and process any transaction Tally Health deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Referral Terms. All of Tally Health’s decisions are final and binding, including decisions as to whether a Qualifying Referral is verified or a Reward is earned pursuant to these Referral Terms.

REFERRAL RESTRICTIONS. Only natural persons can be Qualifying Referrals.  Participants in the Referral Program cannot refer themselves or create multiple, fictitious or fake accounts with Tally Health or participate in the Referral Program by pretending to be Member’s own “friends”.  Participants may not use the Referral Program in a manner that violates any law (including any “spam” laws), infringes or violates the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Referral Program, as such conduct will be grounds for immediate termination and disqualification from the Referral Program, forfeiture of any Reward accrued, cancellation and forfeiture of any Reward and/or deactivation of any Referral Link.  In addition, Members may not (i) tamper with the Referral Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Referral Program. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE A REFERRAL LINK OR THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

MEMBER’S CODE OF CONDUCT:  Tally Health believes in full transparency and in full, fair and effective disclosures of material facts relating to Member’s relationship with Tally Health.  Tally Health requires that all Members abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Endorsement Guides”).  Per the FTC Endorsement Guides, Member should disclose Member’s connection to Tally Health when speaking favorably about or otherwise promoting the Program.  Tally Health reserves the right to review any marketing materials or statements participant use as part of the Referral Program and participants agree to remove any statement or marketing materials regarding a Program at Tally Health’s request.   


TERMINATION:  Tally Health may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Referral Program, a Program and/or any Reward at any time, including the availability of any Reward, without notice.  Tally Health may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Referral Terms or the  Terms of Service, or for taking any actions that are inconsistent with the intent of these Referral Terms or the Terms of Service.  Tally Health reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Tally Health deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Referral; Terms or the Terms of Service; or (b) damaging, tampering with or corrupting the operation of a Referral Link, a Program or the Website; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Tally Health to be generally inconsistent with the intended operation of the Referral Program.  Any decision Tally Health makes relating to termination or suspension of any Member’s participation in the Referral Program shall be final and binding in all respects. Tally Health shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Referral Term or Terms of Services or intent of these Referral Terms or Terms of Service. 


DISCLAIMERS AND LIMITATION OF LIABILITY: 


The Referral Program, the Referral Links and any products and services offered on the Website, and all technology, software, functions, materials, data, images, text, and other intellectual property rights, information and content provided or used by or on behalf of Tally Health in connection with the Referral Program are provided “as is” and “as available”. Tally Health does not make any representation or warranty of any kind, whether express, implied, statutory, or otherwise, with respect to the Referral Program. Tally Health disclaims all warranties with respect to the Referral Program, including any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranties arising out of any law, custom, course of dealing, performance, or trade usage. Tally Health does not warrant that the Referral Links or Referral Program will function as described, consistently or in any particular manner, or will be uninterrupted, accurate, error-free, or free of harmful components. Tally Health is not responsible for (a) any errors, inaccuracies, viruses, malicious software, or service interruptions, including power outages or system failures, or (b) any unauthorized access to or alteration of, or deletion of, destruction, damage, or loss of, your site or any data, images, text, or other information or content. Further, Tally Health is not responsible for any compensation, reimbursement, or damages arising in connection with (x) any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, (y) any investments, expenditures, or commitments by you in connection with your participation in the Referral Program, or (z) any termination or suspension of your participation in the Referral Program. Nothing in this section will operate to exclude or limit warranties, liabilities, or representations that cannot be excluded or limited under applicable law.


Tally Health will not be liable for indirect, incidental, special, consequential, exemplary damages, or any loss of revenue, profits, goodwill, use, or data arising in connection with the service offerings, even if Tally Health has been advised of the possibility of those damages. Tally Health’s aggregate liability arising in connection with the Referral Program will not exceed the total Rewards paid or payable to you under the Referral Program in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred. You hereby waive any right or remedy in equity, including the right to seek specific performance, injunctive, or other equitable relief in connection with this agreement. Nothing in this paragraph will operate to limit liabilities that cannot be limited under applicable law.


TAXES:  All taxes applicable to any Rewards provided by Tally Health under this Agreement will be Member’s responsibility and Tally Health shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation.  If Tally Health is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income, reflecting the Rewards paid by Tally Health to Member, then Member will be required to complete and submit a Form W-9 to Tally Health. 

                              

PRIVACY. The personal information collected, processed and used as part of the Referral Program will be used in accordance with Tally Health’s Privacy Policy. Tally Health and/or its service providers may contact Members about their participation in the Program.  


SPONSOR:  Tally Health, 228 Park Ave S, PMB 28994, New York, New York 10003     


Last updated date: January 8, 2024.


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