The eMiles® Service (“eMiles Service”) is owned and operated by e-Miles, Inc. (“eMiles”), a Delaware limited liability company. The eMiles Service is subject to the terms and conditions of this member agreement (“Member Agreement”).
Please read this Member Agreement carefully before accessing or using the eMiles Service. By accessing or using the eMiles Service, you agree to be bound by the terms and conditions set forth below, as if you had actually signed them.
If you do not agree to the terms and conditions set forth below, you may not use the eMiles Service. If you use the eMiles Service, you acknowledge and agree that this Member Agreement is a legally binding contract between you and eMiles. eMiles may modify the terms and conditions in this Member Agreement as described below. You agree to review the Member Agreement often to familiarize yourself with such modifications.
By completing the registration process, which includes submitting the eMiles Enrollment Form, you become an authorized user of the eMiles Service (a “Member”).
Section 1) Eligibility
- Member must have a unique primary e-mail address as well as a unique account for the sponsor selected (if required) during the eMiles enrollment or redemption process .
- The eMiles Service is limited to one account per individual, even if an individual has multiple e-mail addresses.
- Automated services, scripts or other machines are not eligible.
- Member must be 18 years of age or older to be eligible for participation in the eMiles Service.
- Member must be a legal resident of the United States, Puerto Rico, Guam or U.S. Virgin Islands to be eligible for participation in the eMiles Service.
Section 2) Member Registration Obligations
- Equipment. In order to access and use the eMiles Service, Member needs computer equipment and telecommunications access necessary to connect to and access the Internet. Member must provide, at Member’s own expense, all equipment, all services (including, where applicable, telephone service) and pay all related third-party service fees (such as ISP charges) necessary to access the eMiles Service and any future enhancements or additional services.
- Registration Data. In consideration of use of the eMiles Service, Member agrees to provide to eMiles and its third-party partners true, accurate, current, and complete information as prompted by this website’s online registration form (the “Registration Data”). If Member provides any information that is untrue, inaccurate, not current, or incomplete, eMiles may suspend or terminate Member’s account immediately and may refuse Member all current or future use of the eMiles Service.
- Frequent flyer or Sponsor Account. Member must provide an active and valid frequent flyer or hotel loyalty program account number (if required) during registration or redemption via direct access of eMiles website or invitation from sponsor.
Section 3) Password, Account Access and Responsibilities
- Member’s Password, Account Access Rights and Responsibilities
- Member must select a password as part of the registration process.
- In order to prevent unauthorized activity, to access the eMiles Service, Member must give the eMiles Service their e-mail address and selected password in order to update Member profile information, update personal information (name, e-mail address, etc.) and redeem eMiles points.
- For security purposes, Member is advised to memorize, and not to write down, his/her password.
- Member is responsible for keeping his/her e-mail address and password confidential, and is solely responsible for all activities that occur under Member’s e-mail address and password, including all unauthorized activities.
- Member agrees to (a) immediately notify eMiles of any unauthorized use of Member’s e-mail address and password or any other breach of security related to this website or the eMiles Service, and (b) ensure that Member logs out from Member’s account at the end of each session.
- Member agrees to abide by all applicable local, state, federal, and international laws and regulations with respect to Member’s account.
- eMiles Password, Account Access Rights and Responsibilities
- eMiles will encrypt Member’s password on the database.
- eMiles is entitled to act on instructions received under Member’s password and e-mail address.
- eMiles cannot and will not be liable for any credits or debits made to Member’s account by another individual who uses Member’s password, or for any loss or damage arising from Member’s failure to adequately safeguard Member’s e-mail address and/or password.
Section 4) Value of the eMiles Points
- eMiles points may not be redeemed for cash.
- eMiles points are not transferable:
- may not be auctioned, traded, bartered or sold, and
- not transferable…
- …upon death.
- …by gift.
- …as part of a domestic relations matter.
- …or otherwise, except by operation of law.
- eMiles Member accounts may not be merged under any circumstances.
Section 5) Earning eMiles Points
- Members earn eMiles points through earning opportunities for the Member’s time spent viewing and participating in offers provided through the eMiles Service.
- Member agrees to accept personalized information, earning opportunities, and offers from eMiles or its third-party clients (“Clients”), third-party sponsors (“Sponsors”) or reward partners (“Reward Partner”) via electronic mail and the Internet and direct (physical) mail.
- Members can earn eMiles points each time Member participates in an earning opportunity.
- The amount of eMiles points that can be earned will be stipulated with each earning opportunity.
- Member acknowledges that he/she may not be eligible to receive certain earning opportunities. If Member is sent or receives an invitation in error, eMiles reserves the right to reduce the Member’s account for the eMiles points erroneously deposited.
- On occasion, eMiles, Clients and Sponsors may allow Member to earn additional eMiles points via special earning opportunities.
- The amount of eMiles points offered for special earning opportunities will be stipulated in each special earning opportunity announcement.
- Member must comply with the terms of each special earning opportunity to earn any such additional eMiles points.
- On occasion, eMiles, Clients and Sponsors may communicate special earning opportunities via direct mail to Members who have not requested to be excluded from direct mail communications. Members who are sent communications via direct mail will receive eMiles points in their Member account.
- Member acknowledges that he/she may not be eligible to receive certain earning opportunities. If Member is sent or receives a special earning opportunity in error, eMiles reserves the right to reduce the Member’s account for the eMiles points erroneously deposited.
Section 6) Participation in Marketing, Advertising and Special Earning Opportunities
- Member’s Participation in the eMiles Service, Client and Sponsor Marketing and Advertising Rights and Responsibilities
- Member’s participation in the eMiles Service, Client, Sponsor and Reward Partner marketing and advertising is solely at the member’s discretion. eMiles will not be in any responsible for personally identifiable information that Member may voluntarily share with Client, Sponsor or Reward Partner in the course of participating in an earning opportunity.
- Member is responsible for complying with any rules or terms set forth by Client or Sponsor.
- Member’s Participation in the eMiles Service, Client, Sponsor and Reward Partner Special Earning Opportunity Rights and Responsibilities
- Member’s participation in the eMiles Service, Client and Sponsor special earning opportunities is solely at Member’s discretion. eMiles shall not be a party to, or in any way responsible for, any contractual arrangements or other transactions that occur between Member, on the one hand, and a Client or Sponsor or Reward Partner, on the other hand.
- Member is responsible for complying with any rules or terms set forth by Client, Sponsor or Reward Partner.
- eMiles Participation in Client, Sponsor or Reward Partner Marketing and Advertising and Special Earning Opportunities Rights and Responsibilities
- eMiles assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any content provided by Clients, Sponsors or Reward Partners , or any part thereof.
- eMiles assumes no liability, obligation, or responsibility for the transactions between Member and Client or Sponsor, including but not limited to:
- Fulfillment and timeliness of delivery Client, Sponsor or Reward Partner goods or services.
- Security associated with credit card, debit card or other transactions directly initiated by Member with Client or Sponsor.
- Maintenance of privacy of any personal information given by Member directly to Client or Sponsor.
- Member agrees that eMiles shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Member and Clients or Sponsors, or as the result of the presence of such Clients or Sponsors on this website or via the eMiles Services.
Section 7) Redemption of eMiles Points
- Once Member has achieved a threshold points redemption level (“threshold level”), eMiles points can be redeemed or deposited toward the Member’s selected redemption or deposit option.
- The rules surrounding the deposit of eMiles points, including the threshold level, are subject to change by eMiles at any time and without prior notice.
- eMiles points are awarded for the Member’s selected redemption option in different increments that are dependent upon the frequent flyer program, hotel loyalty program or reward partner threshold level if the Member (i) has accrued the required amount of miles, (ii) requested a deposit, and (iii) is an active eMiles Member registered with the eMiles program.
- Once eMiles points are redeemed or deposited toward the Member’s selected redemption option , it is subject to the terms and conditions of that particular frequent flyer program, hotel loyalty program or reward partner .
- eMiles assumes no liability or responsibility for, and makes no warranty with respect to, any rewards provided by eMiles Sponsors or third-party Reward Partners.
- eMiles assumes no liability, obligation, or responsibility for the transactions between Member and Sponsor or Reward Partner, including but not limited to:
- Fulfillment and timeliness of delivery of Sponsor or Reward Partner goods or services
- Security associated with credit card, debit card or other transactions directly initiated by Member with Sponsor or Reward Partner
- Maintenance of privacy of any personal information given by Member directly to Sponsor or Reward Partner
- Value of points
- Operations of flights
- Member agrees that eMiles shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Member, Client, Sponsor or Reward Partner, or as a result of such Sponsors or Reward Partner on this website or via the eMiles Services.
- Member acknowledges and agrees to assume the liability for and payment of all taxes and fees, if any, that may result from a deposit or redemption by Member of eMiles points when Member uses eMiles points deposited or redeemed toward the Member’s frequent flyer or hotel loyalty program that may result from a deposit or redemption by Member of eMiles points Sponsor upgrades are subject to limited availability and may not be available. All Sponsor program rules apply. Sponsor awards are limited and may not be available.
Section 8) Expiration of eMiles Points
- eMiles points not redeemed toward a selected redemption option expire one (1) year from when the eMiles points were earned. For example, eMiles points earned in January will expire in January of the following year if the eMiles points have been deposited.
- eMiles points will expire after one (1) year if a member does earn points from one (1) or more earning opportunities each month.
- At eMiles’ sole discretion, eMiles may choose to waive or defer enforcement of the expiration of Member’s eMiles points.
Section 9) Changing Sponsor
If applicable, you may change your selection to another eMiles program for one (1) of the following reasons:
- You move fifty (50) miles or more from your current address.
- There is a significant reduction or elimination in service to your city with your selected Sponsor.
- Your selected Sponsor is no longer an eMiles participating sponsor.
- Other conditions could apply on a case-by-case basis, subject to eMiles Member Agreement.
Section 10) Proprietary Rights to Content
- Member agrees that title, ownership rights, and other intellectual property and proprietary rights in the eMiles Service shall remain in eMiles and/or its licensors and suppliers.
- Member acknowledges that the content of this website and the eMiles Service – including but not limited to text, sound, videos, photographs, graphics, software or other material contained in either eMiles, Sponsor or Reward Partner electronic communications, services or software – is copyrighted by eMiles and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by eMiles or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sales, or redistributed in any way without the prior written permission of eMiles and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by eMiles and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by eMiles, its Clients, Sponsors or Reward Partners may be downloaded onto a single computer for Member’s personal, noncommercial use. Member must abide by all copyright notices, information or restrictions contained in or attached to any such content.
- Member may use eMiles, Client’s, Sponsor’s or Reward Partners’ content, service or software only as expressly authorized by eMiles, the Sponsor, the Client or the Reward Partner ..
- Member acknowledges and agrees that the eMiles Service and any necessary software provided by eMiles or its Clients, Sponsors or Reward Partners or other third-party partners and used in connection the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. eMiles grants Member a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with Member’s use of this website and the eMiles Service; provided that Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. Member agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to the eMiles Service. Member agrees not to access the eMiles Service by any means other than the interface that is provided by eMiles for such use.
Section 11) Member Conduct
- Member agrees not to use the eMiles Service or this website to:
- Violate any local, state, national or international law;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Members;
- Impersonate any person, or otherwise misrepresent Member’s identity;
- Interfere with, disrupt or violate the terms and conditions and operating rules of the eMiles Service or servers or networks connected to the eMiles Service; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Member’s use of the eMiles Service;
- Attempt to gain unauthorized access to the eMiles Service, or to other accounts, computer systems, or networks connected to the eMiles Service;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Use the eMiles Service to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate goodwill, proceeds, revenue, income or any benefit by providing access to the eMiles Service to others.
- Member agrees to provide truthful and well considered answers to all earning opportunities.
- eMiles reserves the right to withhold awarding or reverse the award of eMiles points to Member if Member’s earning opportunity responses are judged, by eMiles at its sole discretion, to be untruthful or not well considered.
Section 12) Termination
- This Member Agreement commences upon Member’s completion of the registration process, which includes submitting the eMiles Enrollment Form. This Member Agreement, and your account, may be terminated as follows:
- By Member. Member may terminate membership in the eMiles Service at any time. Member’s termination of the eMiles Service is effective upon Member terminating his/her membership on this website. The use of any other mechanism to request that your membership be cancelled could result in the delay of your membership cancellation. eMiles may continue to use information collected prior to cancellation. Such cancellation may not terminate any third-party program you have elected to participate in while an eMiles Member.
- By eMiles. eMiles may terminate this Member Agreement, Member’s password, account or use of the eMiles Service, and remove and discard any Member content in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data; lack of use; sale, resale, auction, barter, or trade of eMiles points; or if eMiles believes that Member has violated or acted inconsistently with the letter or spirit of this Member Agreement.
- If Member sells, resells, auctions, barters or trades eMiles points, or rewards obtained with eMiles points, eMiles reserves the right to use Members’ name, address, e-mail address, and/or telephone number to halt the improper alienations of eMiles points and/or rewards. This includes, but is not limited to, contacting online auction services to discontinue auctions for eMiles points and/or rewards.
- Effect of Termination. Upon termination by either Member or eMiles:
- eMiles may immediately deactivate or delete Member’s account and all related information and files and/or bar any further access to such files or the eMiles Service.
- Member’s right to use the eMiles Service ceases immediately.
- Member agrees to forfeit any awarded but not deposited eMiles points upon termination.
- Should Member object to any of the terms or conditions of this Member Agreement or any subsequent modifications thereto or become dissatisfied with the eMiles Service, Member’s only recourse is to:
- Immediately discontinue use of the eMiles Service, and
- Properly terminate membership in the eMiles Service (see item (a)(i) above).
- Member agrees that eMiles shall not be liable to Member or to any third party for any termination of Member’s account or Member’s access to the Services.
- Survival. The provisions of Sections 3b, 4, 6c, 7h, 9, 11, 12 and 14 through 24 shall survive any termination of this Member Agreement.
Section 14) Modifications to Terms and Conditions
- eMiles may discontinue, add to or revise any or all aspects of the eMiles Service in its sole discretion and without notice, including access to any support services, publications and other products or services ancillary to the eMiles Service or membership. Sponsors or Reward Partners may be added, changed or modified at any time in eMiles sole discretion.
- If Member objects to any changes, Member’s sole recourse shall be to cease using the eMiles Service. Member’s continuing use of the eMiles Service after notification of any such change(s) constitutes conclusive evidence of Member’s acknowledgement of the modification to this Member Agreement and Member’s agreement to be bound by such change(s).
- Any new or additional features of the eMiles Service shall be subject to this Member Agreement.
Section 15) Disclaimer of Warranties
- Member agrees that use of the eMiles Service and this website is solely at the risk of the Member.
- The eMiles Service and all services offered therein are provided on a strictly “as is” and “as available” basis, without representation or warranty of any kind.
- Neither eMiles nor its third-party partners make any warranty, express or implied:
- With regard to any products, services or gifts obtained by Members through the eMiles Service or through Clients, Sponsors or Reward Partners .
- That the eMiles Service will meet Member’s requirements.
- That the eMiles Service will be uninterrupted, timely, free of errors or without defects.
- As to the results a Member may obtain by using the eMiles Service.
- As to the accuracy or reliability of any information obtained via the eMiles Service.
- eMiles expressly disclaims any and all express, implied and statutory warranties regarding the eMiles Service, information, services or goods provided by or through the eMiles Service (other than those incapable of exclusion under the laws applicable to this Member Agreement), including, but not limited to:
- The implied warranty of merchantability;
- The implied warranties of fitness for a particular user or purpose; and
- eMiles cannot and shall be liable or responsible for those guarantees, warranties and representations, if any, offered by Clients, Sponsors or Reward Partners , manufacturers of merchandise or suppliers of services.
Section 16) LIMITATION OF LIABILITY
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A MEMBER FROM EMILES OR VIA THE EMILES SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- THE INFORMATION, SOFTWARE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
- MEMBER UNDERSTANDS THAT ANY GOODS AND SERVICES OFFERED THROUGH THE EMILES SERVICE ARE OFFERED BY THIRD PARTIES, AND THAT EMILES DOES NOT OPERATE, CONTROL OR ENDORSE ANY INFORMATION, GOODS OR SERVICES IN ANY WAY.
- MEMBER UNDERSTANDS THAT CLIENTS, SPONSORS AND REWARD PARTNERS MAY PLACE RESTRICTIONS ON THE USE OF ANY GOODS AND SERVICES OFFERED THROUGH THE EMILES SERVICE.
- NEITHER EMILES NOR ITS OFFICERS, DIRECTORS, STOCKHOLDERS, SUBSIDIARIES, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, OR OTHER THIRD PARTY PROVIDERS SHALL BE HELD LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM:
- THE USE OR INABILITY TO USE THE EMILES SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
- ANY TRANSACTION ENTERED INTO OR THROUGH THE EMILES SERVICE;
- THE RELIANCE ON OR USE OF ANY INFORMATION, GOODS, SERVICES OR MERCHANDISE PROVIDED ON THE EMILES SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY;
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE EMILES SERVICE AND/OR MATERIALS OR INFORMATION RETRIEVED THROUGH THE EMILES SERVICE; OR
- ANY OTHER MATTER RELATING TO THE EMILES SERVICE OR THIS MEMBER AGREEMENT.
- THE ABOVE LIMITATION IS APPLICABLE EVEN IF EMILES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF (OR KNOW OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO MEMBER. MEMBER’S RIGHTS VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
- MEMBER ACKNOWLEDGES AND AGREES THAT EMILES NEITHER ENDORSES THE CONTENTS OF ANY ELECTRONIC MAIL OR INTERNET COMMUNICATIONS NOR SHALL BE HELD RESPONSIBLE OR LIABLE FOR:
- THE ACCURACY OF MATERIAL CONTAINED IN ELECTRONIC MAIL, INTERNET, OR OTHER COMMUNICATIONS.
- ANY INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE ELECTRONIC MAIL, INTERNET, OR OTHER COMMUNICATIONS.
- ANY FRAUD OR OTHER CRIME FACILITATED BY THE ELECTRONIC MAIL, INTERNET, OR OTHER COMMUNICATIONS.
- MEMBER AGREES THAT EMILES IS NOT LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY PART OR ALL OF THE EMILES SERVICE, INCLUDING CHANGES OR DISCONTINUANCES OF SERVICE FROM PARTICULAR PROVIDERS TO THE EMILES SERVICE, WHICH MAY AFFECT THE AMOUNT OF THE EMILES POINTS OFFERED OR THE ACCURAL OF EMILES POINTS OR THE ABILITY TO REDEEM EMILES POINTS AFTER BEING REDEEMED TOWARD MEMBER’S SPONSOR OR REWARD PARTNER ACCOUNT.
Section 17) Laws and Arbitration
- The Member Agreement shall be governed by and construed according to federal law, as applicable, and by the laws of the State of Texas as applied to agreements made, entered into and performed entirely in Texas by Texas residents, notwithstanding the actual residence of the Member or other parties.
- The Member Agreement constitutes the complete, final and exclusive understanding between eMiles and Member relating to the subject matter hereof and governs Member’s use of the eMiles Services, superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter.
- Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software, or goods and services provided by or through Clients, Sponsors, Reward Partners or other third-party partners of eMiles.
- If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. eMiles and Member agree that all lawsuits or proceedings arising out of this Member Agreement; the enforceability, interpretation, or questions concerning the arbitration provisions set out below; or out of Member’s use of the eMiles Services shall be brought in the State or Federal Courts located in Dallas County, Texas, and the parties hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
- eMiles’ failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eMiles in writing.
- Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
- Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.
- eMiles may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.
- All headings in this Member Agreement are for convenience only and have no legal effect.
- By using this website, Member agrees that any dispute arising from or relating to the use of this website, if not amicably resolved, shall be resolved only through binding arbitration between Member and eMiles pursuant to the commercial rules of the American Arbitration Association. This arbitration shall be conducted in Dallas County, Texas, USA, before neutral arbitrators. This arbitration shall not be any type or form of class action in which the claims of purported, similarly-situated Members or third parties are pursued together. Accordingly, this arbitration (i) shall not involve other Members or third parties, (ii) shall not be combined with separate arbitration claims involving other Members or third parties, (iii) shall not involve mass or consolidated claims, and (iv) shall not involve any claim of a representative or member of a class or in a private attorney general capacity.
- The arbitrator shall only have the authority to resolve individual disputes between Member and eMiles.
- The Federal Arbitration Act (“FAA”) shall govern this provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statues of limitation, and shall honor all claims of privilege recognized at law.
- Arbitration proceedings are confidential, unless all Parties agree otherwise. Arbitration Orders and Awards are not confidential and may be disclosed by the Parties. A Party who improperly discloses confidential information shall be subject to Sanctions. The Arbitrator and Forum may disclose case filings, case dispositions, and other case information as required by a Court Order.
Section 18) Notice
Except as provided above with respect to modifications of this Agreement, eMiles may deliver notices to Member by prepaid certified mail, return receipt requested at the address in eMiles database, or via electronic mail at the electronic mail address in eMiles database; any such notice shall be deemed effectively given upon delivery. Member may give notice to eMiles by prepaid certified mail, return receipt requested at the following address: 5800 Tennyson Parkway, Suite 600, Plano, Texas 75024, Attn: Legal Department, and any such notice shall be effective upon receipt.
Section 19) Links
The provision by eMiles of a link to any other website or Internet location is for Member’s convenience only and does not signify eMiles endorsement of such other site or location or its contents. eMiles shall not be liable for any information, software or links found at any other website, Internet location or source of information, or for Member’s use of such information, software or links.
Section 20) No Resale
Member agrees not to reproduce, duplicate, copy, barter, trade, auction, sell, resell or exploit for any commercial purposes, any portion of this website, the eMiles Service, use of the eMiles Service, eMiles points, or access to the eMiles Service. The eMiles Service is provided for Member’s personal, noncommercial use only.
Section 21) Indemnification
Member agrees to indemnify and hold harmless eMiles and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, Clients, Sponsors, Reward Partners or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney’s fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by Member (or anyone acting under Member’s account or password) of this Member Agreement or the use or misuse of the eMiles Service by Member (or anyone acting under Member’s account or password), or the violation of any rights of another by Member (or anyone acting under Member’s account or password).
Section 22) Use and Storage
Member acknowledges that eMiles may establish general practices and limits concerning use of the eMiles Service, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the eMiles Service, the maximum disk space that will be allotted on eMiles servers on Member’s behalf, and the maximum number of times (and the maximum duration for which) Member may access the eMiles Service in a given period of time. Member acknowledges that eMiles reserves the right to terminate accounts that are inactive for an extended period of time, as determined by eMiles in its sole discretion. Member further acknowledges that eMiles reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member agrees that eMiles has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the eMiles Service.
Section 23) Trademark Information
e-Miles®, Miles for Minutes®, Miles for your time®, and the eMiles logo are trademarks of eMiles. Other eMiles trademarks, including other product or company names, trademarks, service marks, logos and trade names appearing on this website or on or through the eMiles Service, are the property of their respective owners.
Section 24) Other
- All interpretations of Member Agreement terms and conditions set forth herein shall be at the sole discretion of eMiles.
- Each Member is responsible for advising eMiles of any e-mail address changes.
- The earning of eMiles points is subject to all applicable laws and regulations. eMiles points may be subject to income or other taxes, which taxes and all reporting related thereto are the sole responsibility of the Member.
Member Agreement Revised as of 06/07/2017