Joggy Community Rewards Program
Terms and Conditions of Participation
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE JOGGY COMMUNITY REWARDS PROGRAM. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
1) Membership Eligibility and Overview
a) The Joggy Community Rewards Program (“Program”) is offered at the sole discretion of Joggy Energy, LLC. (“Joggy,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations, or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid email address are eligible to become members. Employees of Joggy and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program.
b) By joining the Program and becoming a Program member, you agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Program Terms”) and by any changes or modifications we may make. You should review these Program Terms to understand the terms and conditions that apply to the Program as they may change from time to time. These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services.
c) By enrolling in the Program, you also accept and agree to be bound by our separate terms on the Joggy website. You acknowledge that you have read and accept the (i) Privacy Policy (getjoggy.com/privacy-policy) and our website Terms and Conditions (getjoggy.com/terms), which are incorporated herein by reference and include provisions. IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND JOGGY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION; BINDING ARBITRATION” IN THE TERMS AND CONDITIONS (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). If you do not agree to these Program Terms, our Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.
2) Program Enrollment and How it Works
a) Eligible individuals may enroll in the Program by signing up at getjoggydoggy.com.
b) The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You may be eligible for certain benefits and rewards, including but not limited to Brand Coins and Brand Collectibles. Brand Coins and Brand Collectibles will be offered in our sole discretion and may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn Brand Coins and Brand Collectibles will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.).
c) At this time, neither Brand Coins nor Brand Collectibles may be shared or combined. Only the account member may accumulate Brand Coins or Brand Collectibles.
d) Brand Coins and Brand Collectibles earned through the Program have no cash value, and are non-transferable. The sale, barter, transfer, or assignment of any Brand Coins or Brand Collectibles offered through the Program, other than by us, is expressly prohibited.
e) Brand Coins or Brand Collectibles cannot be exchanged or returned for monetary refund.
f) We are not responsible for Brand Coins or Brand Collectibles lost or redeemed due to fraudulent activity.
g) We reserve the right to change Program benefits, how you earn Brand Coins and Brand Collectibles and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or point level, the number or types of rewards or benefits you may receive or earn at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
h) If you have concerns that a purchase or other activity was not properly applied to your account, you should contact us (hello@getjoggy.com). Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
i) Brand Coins and Brand Collectibles can only be redeemed on the Site, unless otherwise noted by Joggy.
j) Brand Coins are intended to be used for utility purposes, specifically to purchase products and to participate in, and receive benefits from, the Program. However, Brand Coins and/or any other benefits derived from the Program, as well as any transactions made to or from your wallet, may result in tax consequences in your jurisdiction. It is your sole responsibility to determine whether any taxes apply to your receipt or transfer of Brand Coins and/or any other benefits derived from your participation in the Program or use of the wallet, and to withhold, collect, report, and remit the correct amount(s) of taxes to the tax authorities that you are subject to under applicable law. To assist you in any reporting obligations that you may have, we provide you with your transaction history in your account, including all deposits, withdrawals, and the history of any benefits distributed to you as a result of your participation in the Program. Please be aware that we are not obligated to, and will not determine, whether any taxes apply to you, nor will we collect, calculate, report, or remit any taxes to any tax authority on your behalf. If you are unsure whether you have tax obligations as a result of your participation in the Program or use of the wallet, please check your local tax laws or seek professional advice to ensure that you meet your local tax obligations.
3) Founding Community Members
a) Eligible individuals may become Founding Community Members by purchasing a non-fungible token created by or on behalf of Joggy exclusively for Founding Community Members (hereinafter a “Founding Member Brand Collectible”). A Founding Member Brand Collectible is an exclusive, unique piece of digital art sold by us as part of our branding strategy and Program. ALL SALES ARE FINAL ONCE THE FOUNDING MEMBER BRAND COLLECTIBLE IS TRANSFERRED, AND NO REFUND REQUESTS WILL BE HONORED.
b) The initial price of each Founding Member Brand Collectible will be set and determined by us in our sole discretion. We cannot guarantee that Founding Member Brand Collectibles, any specific Founding Member Brand Collectible, or Founding Member Brand Collectibles at the initial price will be available for purchase at the time you seek to purchase one. We reserve the right to modify the types, prices, and number of Founding Member Brand Collectibles available at our sole discretion.
c) All Founding Member Brand Collectibles will be purchased through our Joggy community page getjoggydoggy.com powered by TYB, Inc. and your use of the brand community page is governed by TYB’s Terms and Conditions (tyb.xyz/terms-of-service). You acknowledge and agree that you have read and accepted the TYB Terms and Conditions. Founding Member Brand Collectible transactions that take place on our community page are managed and confirmed via the Avalanche Network. You understand that neither Joggy nor TYB, Inc. have control over transactions on the Avalanche Network, nor do Joggy or TYB, Inc. have the ability to reverse or refund any payments or transactions relating to the Founding Member Brand Collectible. Neither Joggy nor TYB, Inc. have any liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the brand community page or otherwise via the Avalanche Network. By participating in the Program, you agree not to take any action on the brand community page that involves or results in the wrongful seizure or receipt of any Founding Member Brand Collectibles, including the purchase or sale of Founding Member Brand Collectibles by illegal means.
d) In order to receive Brand Coins, Brand Collectibles or a Founding Member Brand Collectible (collectively “Brand Items”), you must create a digital wallet that can store your Brand Items. You can create your wallet at the Magic Labs, Inc. website which can be accessed through the brand community page. Your use of the wallet is at your own risk and subject to the terms and conditions of Magic Labs, Inc. (https://magic.link/legal/user-terms). By creating a wallet, you acknowledge and agree that you have read and accepted the Magic Labs, Inc.’s Terms and Conditions. You must provide all equipment, connectivity, and software necessary to create your wallet. You are solely responsible for any fees, including internet connection, mobile fees or gas, that you incur when purchasing or receiving a Brand Item. You understand that neither Joggy nor TYB, Inc. have control over transactions on the Magic Labs website, nor does Joggy or TYB, Inc. have the ability to reverse or refund any payments or transactions relating to the creation or use of a wallet through Magic Labs, Inc. Neither Joggy nor TYB, Inc. have any liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Magic Labs, Inc. website.
e) You are responsible for all use of your wallet and for any actions that take place using your wallet, whether by you or by another person. . You acknowledge and agree that certain information, including your wallet address and the transactions you conduct through that wallet address, may be publicly available and viewable on the blockchain.
f) Only one Program account may be associated with a single Founding Member Brand Collectible. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the wallet submitted at the time of purchase.
g) Without liability to you, we reserve the right to update, change, remove, cancel, suspend, disable or restrict your access to the wallet, or discontinue the wallet or the transfer, or change any features, components or content of the wallet.
h) Transactions for the sale of Founding Member Brand Collectibles are processed via a third-party payment processor and/or point of sale system vendor STRIPE (“Payment Processor”). The payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement”). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor and to charge your payment method for all amounts that may become due under this Agreement. All bank, credit card, or other payment information is sent directly to and stored with the Payment Processor using its security protocols. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to purchase a Founding Member Brand Collectible, or you may have your use of services suspended or terminated.
2) Ownership of Collectibles
a) Once purchased or received, you will own the Brand Collectible and/or Founding Member Brand Collectible (collectively the “Collectibles”) but such ownership is subject to the resell restrictions and the limited license in and to the underlying artwork in the Collectibles as set forth herein. Subject to your complete and ongoing compliance with these Program Terms, and any other additional terms set forth therein, Joggy grants you, solely for your personal, non-commercial use, a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to publicly or privately display (including on social media platforms and digital galleries) any intellectual property (or related intellectual property rights) included in the Collectibles owned by you (such intellectual property, including any name, image, likeness, art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be included in such Collectibles (the “Collectible IP”) solely (a) for your own personal, non-commercial use; or (b) as part of a third party website or application that permits the inclusion, involvement, or participation of your Collectibles, provided that the website/application cryptographically verifies each Collectible owner’s rights to display the Collectible IP for their Collectible to ensure that only the actual owner of such Collectible can display the Collectible IP, and provided that the Collectible IP is no longer visible once the owner of the Collectible leaves the website/application. For clarity, except for the foregoing license, neither your purchase or receipt of a Collectible nor this Agreement grants you any other license or rights to any Collectible IP and you agree that all rights, titles and interests in and to the Collectible IP belong exclusively to Joggy (or, as applicable, its subsidiaries and/or licensors) and no rights are granted to you other than the foregoing license.
b) You shall not, nor authorize or permit any third party to, do or attempt to do any of the foregoing without Joggy’s express prior written consent in each case: (a) modify the Collectible in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Collectible to advertise, market, or sell any product or service; (c) use the Collectible in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Collectible in any other forms of media, except to the limited extent that such use is solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize the Collectible and any merchandise that includes, contains, or consists of the Collectible; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Collectible; or (g) otherwise utilize the Collectible for your or any third party’s commercial benefit.
3) Founding Member Rewards
a) Founding Member Rewards, which requires a Founding Member Brand Collectible to be linked to your Account, includes the following additional benefits beyond those offered by the Program:
- Early Access. Help beta test and shape the Joggy community program as a Founding Member;
- Free Product. Receive one free product at Joggy’s e-comm launch;
- Team Pricing. Pay employee pricing for Joggy items with special access to deals and products; and
- Cash or In-Kind Rewards. Special Revenue based rewards paid to Founding Members.
4) Marketing Communications
a) By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving Joggy marketing emails and Program related emails.
b) You may opt-out of receiving Joggy marketing emails at any time by following the instructions provided in the email or as otherwise provided in the Joggy Privacy Policy or Terms and Conditions, but operational emails will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, a redemption confirmation email, a new rewards acquisition email, a profile update email, or other communications that relate to your account or the Program. If you terminate your Program membership, you will no longer receive Program-related communications.
5) Assumption of Risks Related to Brand Items and Blockchain
a) Brand Items have no inherent or intrinsic value, cannot be sold and are not investment vehicles or financial instruments.
b) There are risks associated with using blockchain networks, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the potential utility of your Brand Items.
c) Brand Items exist only by virtue of the ownership record maintained on the Avalanche Network. Joggy may store the Brand Items on its own servers or those of third-party service providers. Any Transfer of Brand Items occurs within the Avalanche Network and not on the Joggy platform. Transactions regarding Brand Items may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
d) The regulatory landscape governing blockchain technologies, cryptocurrencies, and NFTs is evolving. Changes in the legislative or regulatory environment may impact our ability to offer certain products or services. In addition, there are risks associated with the dependence on third-party decentralized trading platforms, applications or other intermediaries (e.g., exchanges), counterparties or custodians to hold or convert digital assets that may be subject to little or no regulation, or that may operate in violation of regulations, including regulations related to sanctions compliance and anti-money laundering.
e) You are solely responsible for determining what, if any, tax obligations might arise from your transactions regarding Brand Items. Except as required by law, (i) Joggy is not responsible for determining your tax reporting or compliance obligations, and (ii) you are solely responsible for all tax obligations, including payment obligations, arising from your transactions completed via the Sites.
f) YOU ACCEPT AND ACKNOWLEDGE THAT JOGGY WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE AVALANCHE NETWORK, HOWEVER CAUSED. UPGRADES TO THE AVALANCHE NETWORK, OR A CHANGE IN HOW TRANSACTIONS ARE CONFIRMED ON THE AVALANCH NETWORK MAY HAVE UNINTENDED, ADVERSE EFFECTS ON YOUR BRAND ITEMS.
g) JOGGY HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. JOGGY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE AVALANCHE NETWORK, OR ANY WALLET, INCLUDING, BUT NOT LIMITED TO, LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE AVALANCHE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN A LOSS OF YOUR BRAND ITEMS.
h) JOGGY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE MAGIG LABS PLATFORM, THE AVALANCHE NETWORK, OR YOUR WALLET, INCLUDING, BUT NOT LIMITED TO, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE AVALANCHE NETWORK, OR ANY WALLET.
6) Termination and Modification
a) The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict, reverse or terminate these Program Terms, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. We may refuse to honor any pay-out for any benefits received under this Program regardless of your entitlement.
b) We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity (i.e. no points earned or redeemed) for more than 24 months, illegal activity, fraud, misrepresentation or other Page 8 of 9 conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account, including but not limited to Brand Items, will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
c) If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on our website. If you cancel your membership, you will lose any accumulated benefits and Brand Items.
7) Disclaimer of Warranties; Limitation of Liability
a) NEITHER JOGGY NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE PROGRAM TERMS OR THE PROGRAM OR ANY OF THE REWARDS, BRAND ITEMS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
b) YOU AGREE THAT NEITHER JOGGY NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD, BRAND ITEM OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
c) FURTHER NEITHER JOGGY NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
d) YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS, BRAND ITEMS, OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
8) Privacy
The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our Privacy Policy. CA Residents: The Program may be considered a “financial incentive” under California law. Please review our Privacy Policy, which includes our Financial Incentive Notice.
9) Contact
For information about the Program and your membership, contact us at hello@getjoggy.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.