Terms of Service

MILE Website and Mobile App Terms of Service

Effective date: [02/06/2024]

 

These Terms of Service (“Terms”) apply to your use of our website(s), products, services, and applications, including the MILE mobile app, and all related features, technologies and software (collectively, the “Services”).  These Terms are a binding contract between you and MILE Technology Inc. (“MILE,” “we,” “us” or “our”), so it is very important that you carefully read them.   
BY CREATING AN ACCOUNT WITH US, ACCESSING OR USING THE SERVICES IN ANY WAY, OR DOWNLOADING OUR MOBILE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS. If you do not wish to be bound by the Terms, do not create an account with us and do not use the Services. Declining to accept these Terms means you will be unable to use our Services.

 

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER DISCUSSED BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

We may post additional usage and conduct rules regarding the Services. You are required to abide by those rules as if set forth in full in these Terms.

Eligibility

To use our Services, the following requirements and restrictions apply.
  • You must be at least 18 years old. 
  • You may use our Services only for your own personal, non-commercial, use, and only on your own behalf.  
  • If your use of the Services is prohibited by any applicable laws, then you may not use the Services.  
  • You must not be barred from using or receiving the Services under the laws of the United States or any other applicable jurisdiction.
  • We must not have previously disabled your account for violation of law or any of our policies.

Registration and Your Account

You may be required to create an account and purchase a Membership (as defined below) to use certain features in the Services. To create an account, you must submit an application for an account to MILE. When you create an account in the Services, we will also ask you for your phone number so that we may send you an SMS two factor authentication text message to confirm your account registration and login.  Your first and last name, your email address, phone number and gender are required to use the Services. We may also ask you to provide option information, such as your brand preferences and whether you were referred to MILE and by whom.

As a registered user, you can update your account settings by logging into your account and clicking “My Account” and then “Contact Preferences” in the mobile application. All account setting updates must be made in the mobile application and not through the website. We may, in our sole discretion, reject, change, suspend and/or terminate your account.

As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to access your account or access Services through your account. Your account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your account or any other breach or threatened breach of our security or the security of your account.

In addition, you agree that: 
  • You will not attempt to create accounts or access or collect information in unauthorized ways. 
  • You will not attempt to buy, sell, rent, lease or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
  • You will not create multiple accounts for yourself.
  • You will not create, or attempt to create, an account if we have already disabled or suspended your account (unless we give you permission). 

Privacy

MILE takes your privacy very seriously.  To learn about how MILE collects and uses your information, please click [https://mile.club/pages/privacy-policy].

Memberships and Payment

Some parts of our Services are subject to fees and are billed on a membership subscription basis and require payment before they can be accessed (“Membership”). To acquire a Membership, you must complete and submit an application to us through our mobile application (a “Membership Application”). We may approve or deny your Membership Application at our sole discretion. We offer three Membership options from which you may choose when selecting your Membership after your Membership Application has been approved: Economy, Business, and First Class (each a “Membership Tier”). The Economy, Business, and First Class Membership Tiers respectively allow for up to three (3), ten (10), and twenty-five (25) purchases per Billing Cycle. Different Membership Tiers may be subject to differences in pricing and features. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties. If you purchase a Membership, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly basis.


Membership Usage and Product Limits. Each Membership Tier is subject to monthly product purchase limits (the “Purchase Limit”). Upon reaching the Purchase Limit, you may continue to access the website and mobile app, but you will not be permitted to purchase any additional products until the commencement of the subsequent Billing Cycle, provided, however, that you may upgrade your Membership Tier at any time to immediately benefit from the increased Purchase Limit in such Membership Tier. If you do not meet your Purchase Limit in a Billing Cycle other than the Billing Cycle immediately preceding an upgrade, any unused credits or purchase limits will not roll over and cannot be used in other Billing Cycle. Upon upgrading your Membership, any unused purchase credits as of the date of the upgrade will roll over and be applied to the first billing cycle following such upgrade. This rollover is only applicable in the first billing cycle following an upgrade. All purchases made on the MILE website or mobile application are subject to the Terms of Sale at [https://mile.club/pages/terms-of-sale] (or successor website). Any violation of the Terms of Sale shall constitute a violation of these Terms.


Payment Methods.  A valid payment method, including a Visa, Mastercard or American Express credit or debit card, or a purchase using Google Pay or Apple Pay is required to process payments for your Membership. In addition to these valid payment methods, you may also use PayPal or Shop Pay for all product purchases. You agree to provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and any other information requested at the time of the transaction. By submitting such payment information, you automatically authorize MILE Technology Inc. to charge all Membership fees and product purchases incurred through your account to your designated payment method. Please note that when you make payments, the transaction is processed by a third-party payment processor and your full financial information is not shared with us. In the event that your payment method fails, your product purchase will be rejected and, in the case of Membership payments, we may suspend or terminate your Membership until a valid payment method is provided, and we may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. You authorize us, from time-to-time, to undertake steps to determine whether your payment method is valid.


Month-to-Month Memberships. Your Membership will be automatically renewed at the end of the monthly Billing Cycle unless you terminate your Membership, which may be done through your account, during the prior calendar month. You will be automatically charged the applicable monthly Membership fee for each month or partial month during which your month-to-month Membership is in effect.


Cancellation.  You may cancel your Membership at any time, for any reason, through your account.  However, please note that fees already paid are not refundable, even if you cancel your Membership (unless otherwise explicitly stated or required by law). You can cancel your Membership by logging into your account and selecting “Membership & Billing” and “Cancel Membership” under “My Account.”


Upgrades. You may choose to upgrade your Membership at any time to a Membership Tier with more benefits than your current Membership. We will immediately charge you the full Membership fee for such upgraded Membership Tier upon the effective date of your upgrade. An upgrade will reset your monthly Billing Cycle to align with the date of your upgrade and we will charge you the full rate of the applicable upgraded Membership Tier beginning as of the effective date of the next Billing Cycle. 


Late Payments. We reserve the right to suspend, terminate or disable your access to any of the Services in the event that any fees owed to us are not received on or before the applicable payment due date.


Taxes. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, any other applicable taxes that may be imposed, based on these Terms, or the use of the Services, and any applicable fees or surcharges that may occur regarding the transaction.


Pricing Changes.  We may change or modify fees and pricing, including Membership fees and pricing, at any time in our discretion.  Any pricing changes will take effect at the time of the next Billing Cycle immediately following such change.  We will provide you with prior notice of any change in Membership fees or pricing.   Sales, promotions and other special discounted pricing offers (if any) are temporary and, upon the renewal of your Membership, any such discounted pricing offers may expire. We reserve the right to update and/or discontinue or modify any coupons, credits, sales and special promotional offers at our sole discretion. We reserve the right to make free Services fee-based or change the cost of the Services, or to charge for other Services, at any time. We may repackage the Services from time to time in our sole discretion. 


Free Trials.  Following our acceptance of your Membership Application, we may provide you with free access to the Economy Membership Tier via a 7-day trial period starting from the moment that you activate such trial period by submitting your payment details (the “Free Trial Period”). If you decide that you do not want to become a paying user of a Membership, you have to terminate your Membership prior to the end of the Free Trial Period, otherwise, at the end of the Free Trial Period, you will become a paying user of your selected  Membership Tier and we will charge your payment method for the applicable fees.  


You may only use a Free Trial offer once.  The Free Trial Offer may only be used by you if you have not previously purchased a Membership.  We reserve the right to withdraw or to modify the Free Trial Offer at any time without prior notice and with no liability.


Other.  We reserve the right to refuse or cancel your order or Membership at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.  We reserve the right to refuse or cancel your order or Membership if fraud or an unauthorized or illegal transaction is suspected, or for violating our Terms. If we cancel your Membership at no fault of your own, as determined by us in our sole discretion, we will reimburse any fees you have prepaid for the remainder of the Billing Cycle, beginning as of the effective date of your Membership cancellation.


Your Representations to Us

You represent and warrant to us that (1) you have the right, authority, and capacity to agree to these Terms, to register for an account (if applicable), and to use the Services; (2) you will comply with these Terms when using the Services; (3) if applicable, you will provide all information and cooperation requested by us and/or necessary for us to perform the Services;  and (4) all information you supply to us is complete, accurate and current, and you have the right to provide it to us without violating the rights of any third party.

Technology Restrictions

The rights granted to you under these Terms are subject to the following restrictions concerning the Services:
  • You will only use the Services as permitted by these Terms.
  • You will not screenshot, copy, reproduce, distribute, transmit, republish, post, publicly perform or publicly display the Services, any part thereof, or any information or content made available on or through the Services;
  • You will not use the Services for any illegal, misleading, unlawful, fraudulent or unauthorized purpose, whatsoever.
  • You will not license, sell, rent, lease, transfer, assign, host or otherwise commercially exploit the Services;
  • You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Services; 
  • You will not access or use the Services to build a similar or competitive service or application, or if you are competitor of MILE; 
  • You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Services; 
  • You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Services, and you will not collect or harvest any personally identifiable information, including account usernames and passwords;
  • You will not disrupt the operation of the Services in any manner or impose an unreasonable or disproportionately large load on our infrastructure, including, but not limited to, through the use of methods such as denial of service attacks, flooding and spamming;
  • You will not transmit any "junk mail", "chain letter" or "spam" or any other similar solicitation;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
  • You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;
  • You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Services;
  • You will not hack, spam or phish; and
  • You will not use the Services other than for their intended purposes.

Your Feedback

We welcome feedback, comments and suggestions for improvements to the Services from our users (“Feedback”).  You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Services, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. We will treat any Feedback you provide to us as non-confidential and non-proprietary.  

Rights We Grant to You

Subject to these Terms, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to access and use the Services in accordance with these Terms. You acknowledge that you are receiving licensed rights only. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Services; (ii) create derivative works of the Services; (iii) use the Services in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Services. 

Any software that we provide to you in connection with the Services may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

Rights We Retain

We reserve and retain all rights not specifically granted in these Terms.

In addition, we may change or alter your username and remove any content from the Services, including your Content, if we believe it is appropriate or necessary to do so. 

Third-Party Content

Our website and mobile application exist as an e-commerce platform and online marketplace, featuring products offered for sale by us from  third party vendors. Accordingly. the Services may contain or make available access to information, products, services and other materials, including but not limited to product descriptions and product photographs, from third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive.  We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.  Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service, privacy policies, rules, restrictions, and other terms of the providers of such Third Party Materials).  

Ownership. 

All of our products and services, all MILE logos, symbols, names, trade dress or “look and feel”, and those portions of the Services that are property of MILE, as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Services does not convey or imply the right to use the Services in combination with any other information or products.

Changes to the Services

Our Services are continuously evolving and improving. We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether, in whole or in part. We may impose limits on certain features, or restrict access in certain ways. We may take any of these actions at any time, and we may not provide you with prior notice when we do so.

Data Charges 

You are responsible for any mobile charges that you may incur by using our Services. Please contact your mobile device service provider for specific information about the types and amounts of these charges.

Security

The information that the Services collects may be stored locally on your device and may be transmitted to our servers in other countries where we or our service providers operate. The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help protect your personal information against unauthorized access and disclosure. However, we do not guarantee that your personal information or private communications will always remain private when using the Services.

Termination

You may terminate these Terms and stop using the Services at any time.  You may terminate your account by deleting your account in your account settings.  

MILE may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means we may stop providing you with any Services, or impose new or additional limits, restrictions, or requirements on your ability to use our Services.

Provisions that, by their nature, should survive termination of these Terms shall survive.  By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Indemnification

You agree, to the fullest extent permitted by applicable law, at your own cost and expense, to indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (a) your access to or use of the Services; (b) your Content; and (c) your breach of these Terms.

Disclaimers

We try to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result. 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US OR VIA THE SERVICES ARE “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.

WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY (1) CONTENT OR DATA THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES; OR (2) ANY PRODUCTS MADE  AVAILABLE TO YOU IN CONNECTION WITH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, INACCURATE, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE WILL BE RESPONSIBLE FOR.

We are not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of: (1) use, access or attempted use or access of the Services; (2) accessing, receiving, or downloading any information from the Services; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these Terms for the benefit of any user.

Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU RELATING TO THE SERVICES OR ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $100. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. 

WITHOUT LIMITING THE LIMITATION OF LIABILITY DESCRIBED ABOVE, IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES.

Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; accordingly, the limitations and exclusions set forth in this Section may not apply to you.

Governing Law, Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND  MILE TECHNOLOGY INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.  These Terms are governed by the laws of the State of New York, without regard to its principles of conflicts of law, and regardless of your location. 

  1. Applicability of Arbitration Agreement. You and  MILE Technology Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services will be resolved by binding arbitration on an individual basis, except that you and  MILE Technology Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. 
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
  4. Fees. AAA sets forth its fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/. If  MILE Technology Inc. is the party initiating an arbitration against you,  MILE Technology Inc. will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against  MILE Technology Inc., you will be responsible for the first $100 toward the nonrefundable initial filing fee, and  MILE Technology Inc. will pay the remainder of your initial filing fee and both parties’ administrative fee.
  5. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and  MILE Technology Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and  MILE Technology Inc.
  6. Waiver of Jury Trial. YOU AND  MILE TECHNOLOGY INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and  MILE Technology Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and  MILE Technology Inc. over whether to vacate or enforce an arbitration award, YOU AND  MILE Technology Inc. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  7. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a  state or federal court located in the State of New York.
  8. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
  9. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor  MILE Technology Inc. can force the other to arbitrate. To opt out, you must notify  MILE Technology Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your MILE username and the email address you used to set up your MILE account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must mail your opt-out notice to this address: MILE, ATTN: ARBITRATION OPT-OUT, [add mailing address]. 
  10. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with  MILE Technology Inc.

Force Majeure

You agree that MILE is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Other Terms

These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by us as provided herein. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services. You consent to our providing you notifications about the Services or information the law requires us to provide via notifications through the Services, SMS messages to the mobile phone number associated with your account, or to any email address associated with your account. Notices through the Services, through SMS messages, or emailed to you will be deemed given and received when the notice, SMS message, or email is sent. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.


A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Apple App Store Supplemental Terms

By downloading the MILE mobile application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

You hereby acknowledge that these Terms are between you and MILE, and not Apple, Inc. (“Apple”) and that MILE, and not Apple, is solely responsible for the Services and content thereof that you downloaded via the Apple App Store and installed on your Apple Device.  


Scope of License. Without limiting the other terms and conditions of these Terms, you may only use the Services on your Apple Device as permitted by the Usage Rules set forth in the App Store Terms of Service.


Maintenance and Support: MILE is solely responsible for providing any maintenance and support services with respect to the Services, as specified in these Terms, or as required under applicable law. MILE and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.


Warranty: The Services are provided subject to the disclaimers and limitation of liability sections above. If any warranty is imposed by law in respect of the Services and not effectively disclaimed by that section, then in the event of any failure of the Services to conform to such warranty, you may notify Apple, and Apple will refund you the purchase price (if any) for the Services; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to such warranty will be MILE’s sole responsibility.


Product Claims: You acknowledge that MILE, not Apple, is responsible for addressing any claim you or any third-party may have relating to the Services or your possession and/or use of the Services, including but not limited to (i) product liability claims, (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.


Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Services or your possession and/or use of the Services infringes that third-party’s intellectual property rights, MILE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.


Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.


Developer Name and Address: Any questions, comments, complaints or claims relating to the Services and/or your use of the Services must be directed to: MILE, 228 Park Ave S, PMB 45423 New York, New York 10003-1502 US.


Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and, upon your acceptance of the terms of these Terms, Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.


Updates to these Terms

We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website or on our application of any material changes, and you can see when these Terms were last revised by referring to the “Effective date” above. Your continued use of the Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.

Contact Us

If you have any comments, questions, concerns, or suggestions about these Terms, please contact us  at support@mile.club.

MILE 

228 Park Ave S, PMB 45423 New York, New York 10003-1502 US





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