Last updated: December 1, 2021

These terms and conditions (“Terms”) are a binding agreement between you and Tenstreet, LLC (“us,” “we” or “Tenstreet,”).  Please review these Terms carefully.  Each time you use or access the striveforgold.com, driveforgold.com, staymetrics.qualtrics.com, or any company reward site maintained by and utilizing Stay Metrics or Tenstreet services, (“Services”) you agree to these Terms.  If you do not agree to be bound by these Terms you should close your browser and not access or use these Services.
These Terms apply to both the organizations that subscribe to or set up an account (“organization,” “contracted carrier” “employer,” “subscriber”) and the end user who participates in that account (“you,” “employee,” “individual,” “user”).
We reserve the right to update and change these Terms from time to time without notice.  Any new features, enhancements, new functionality, tools, and/or resources added to the current Services are subject to these Terms.  Continued use of the Services after any such changes constitute your consent to such changes.  Violations of the Terms could result in the suspension or termination of your use of the Services.  
If you have any questions, feel free to contact our support team at rewards@tenstreet.com.

Account Terms

Users must be at least 18 years of age or older to participate in and use the Services.  By using the Services, you warrant that you are at least 18 years of age and that you are authorized to participate in and use the Services.
No one individual or organization may maintain an account without a subscription. Extraneous accounts that are not connected to an active subscription may be deleted at our discretion.
We are committed to continually improving and enhancing the Services and, subject to any other written agreement you may have with us, you acknowledge and agree that the specific form and/or nature of the Services may change from time to time without prior notice and we may cease providing the Services (or any specific features within the Services) to you or to users generally at our sole discretion, without prior notice to you.
You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.  You will not use the Services in any way that will damage, disable, overburden, impair or interfere with other’s use of the Services and you will not use the Services for any purposes which is unlawful or prohibited by law. We reserve the right to refuse access or take any other appropriate action for conduct that is in violation of applicable law or these Terms.
You understand and agree that your contracted carrier or employer is solely responsible for determining how your points are awarded as well as when your points expire and any other terms or conditions for how you may redeem those points as a part of rewards program.  Product manufacturers may also have additional terms and conditions associated with the products that are available through the Services. 

Privacy

Through the use of the Services, you agree to our Privacy Policy which governs the collection, use, and disclosure of your information.  You may view our Privacy Policy at: https://www.tenstreet.com/about-tenstreet/privacy-policy/.
You are responsible for maintaining the privacy and security of your account, which includes restricting access to your computer and other devices that you use to connect to your account.  Tenstreet will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.  You agree to immediately notify us of any unauthorized use of your account. 
You may stop using the Services at any time. To request the removal of your user account and anonymization or deletion of any personal data (if required) you may contact your organization’s administrator of the rewards program offered through the Services. If you are an organization, you may end your use of the Services by contacting us to cancel any subscriptions that may be in effect at that time.

Electronic Communications

The use of the Services may include communications with you by electronic means, including but not limited to email, text message, automatic telephone dialing system, and other electronic communications.  Your use of the Services and agreement to these Terms is your specific consent to receive such electronic communications for the purpose of providing the Services to you, which may include promotional and marketing messages.  You agree that the electronic communications from us are reasonable and proper for the purpose of providing the Services and that all legal requirements for electronic communications have been satisfied.  You have the right to withdraw your consent to receive electronic communications from us.  To do so, you may reply STOP to any text message received, you may click the unsubscribe button on any email, or you may contact rewards@tenstreet.com.   
We may provide you with notices, disclosures, agreements, and other communications electronically and you agree to that the receipt of such electronic communications fully satisfy any legal requirement that communications be provided to you in writing.

Third Party Sites

The Services may include hyperlinks to other websites or content or resources. We do not have control over any websites or resources that are provided by companies or persons other than our own. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. We encourage you to use caution when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Copyright and Ownership

Tenstreet owns all intellectual property rights to any and all protectable components of the Services, including but not limited to the name of the Services, the rewards program, end-user interface elements, artwork, images, logos, data compilations, software, and related documentation.  Organizations or employers that utilize our Services along with various third-party partners may also have intellectual property within or displayed in the Services.  Such organizations retain ownership of their intellectual property and protectable content. 
Through the use of the Services, you will not have, acquire, or own any rights to the intellectual property. You may not copy, modify, adapt, reproduce, distribute, reverse-engineer, decompile, or disassemble any aspect of the Services owned by Tenstreet or any other third parties.  You may not mine, scrape, mirror, distribute, transmit, display, public, license, create derivative works from, create links to or from, transfer, or sell any information, material, products or services associated with the Services. 

Disclaimer of Warranties

The Services are provided to you by Tenstreet on an “as-is” and “as available” basis with no warranties or representations of any kind, express or implied.  We do not warrant that (i) the Services or any products and services received will meet your specifications, requirements, or needs, (ii) that the Services will be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, services information or other materials obtained by you through the Services, (iv) the accuracy, completeness, or reliability of the content on the site or Services including product descriptions, or that (v) any errors in the Services will be corrected. 
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE DO NOT WARRANT THE SERVICES, THIS SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS, AND SERVICES INCLUDING ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES OR THIS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, ACCURACY, RELIABILITY, OR RESULTS.  WE DO NOT WARRANT THAT THE SERVICES, THE SITE, OR THE RELATED SYSTEMS WILL BE UNINTERRUPTED, OR FREE FROM ERRORS, INACCURACIES, OR OTHER HARMFUL COMPONENTS. 

Limitation of Liability

Your use of the Services is at your sole risk and you waive any claim against Tenstreet related to (i) the use or inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, material, products, information, or services obtained through the Services; (iii) any messages received or transactions entered into through the Services; and (iv) any other matter related to the Services.  Title for all items redeemed or acquired through the Services as well as the risk of loss will pass to you upon our delivery to the carrier. 
You expressly agree that Tenstreet shall not be liable to you or any third party for any damages of any kind including direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, or other intangible losses arising out of the Services, this site, or from any information, content, materials, products, software, goods, services, or related content.

Indemnification

You agree to indemnify, defend, and hold harmless Tenstreet, and its affiliates, officers, directors, shareholders, employees, agents, suppliers, and partners from all liabilities, losses, damages, penalties, costs, and expenses (including reasonable attorneys’ fees and expenses) arising from your use of the Services, your violation of these Terms, or the infringement by you or any other authorized user on your account, of any intellectual property relating to the Services. 

Force Majeure

Neither party is responsible for any events or circumstances beyond its control and without negligence of such party that prevent it from the performance, delay, or breach of its obligations under these Terms, which include but are not limited to acts of war, riots, embargos, strikes, pandemics, fires, flood, theft, action or inaction of government, disruptions in communications or acts of God.  The party affected by such circumstances shall take all reasonable actions to minimize the consequences of any such event.

Other

The failure of Tenstreet to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 
No consent or approval is deemed to have been granted by Tenstreet without being written and signed by an authorized officer or agent of Tenstreet.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions and any applicable Terms.
These Terms shall be governed by, interpreted and enforced in accordance with the laws of the State of Oklahoma without reference to the principles or rules of conflict of laws.  The parties to this Agreement specifically consent to the jurisdiction of the Courts of Oklahoma over any action arising out of or relating to this Agreement with venue for any such action in the state or federal courts located in Tulsa County, Oklahoma.