Last Updated: October 23, 2023
MILES FOR MILITARY IS NOT SPONSORED BY, ENDORSED BY, OR AFFILIATED WITH THE U.S. GOVERNMENT OR ANY MILITARY BRANCH. PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK.
Miles for Military is pleased to offer you an opportunity to participate in our Miles for Military program that provides active military service members opportunities to earn and redeem volunteer hours in exchange for an airline flight ticket (“Program”). The terms and conditions of this Hero Program Agreement (“Agreement”) govern your participation in the Program and forms a contract by and between you and Miles for Military Incorporated, a nonprofit organization with offices located at 101 Huntington Ave, floor 24, Boston, MA 02199 (“MFM,” “us,” or similar). Please read the following carefully. If you do not agree to the terms of this Agreement, do not sign up for or participate in the Program.
In order to register for, participate in, and receive the benefit of the Program, you must be, and represent and warrant, that you are an active-duty U.S. military member. MFM may require you to provide reasonable documentation evidencing your status. Your participation of the Program is subject to the MFM Privacy Policy. You hereby consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy. You also acknowledge and agree that your use of our website, including our portal, is subject to and governed by the MFM Terms of Service.
You may register for the Program by creating an account on our website located at milesformilitary.org (“Account”). You represent and warrant that all information associated with your Account is accurate and up to date. You are strictly prohibited from impersonating any individual or misrepresenting any details of your identity or military affiliation. In order to request airline ticket(s) issued in your name and paid for by MFM(“Ticket”), you must submit the appropriate form to request a Ticket via the MFM portal (“Request”). You are only entitled to receive one Ticket per year, calculated from the date the previous Ticket was issued to you. While MFM will attempt to honor the specific details of your Request, MFM cannot guarantee that the Ticket will meet all of your requirements or standards. Further, while MFM will endeavor to provide you a Ticket that meets your timing requests, MFM cannot guarantee the fulfillment of your Request according to any specific timeline. A Ticket will only be issued to you by MFM if: (i) you have completed 22 hours of volunteer work for a charitable organization approved by MFM; (ii)such volunteer work has been appropriately documented and submitted to MFM; and(iii) the applicable charitable organization has confirmed the volunteer details provided in your documentation are accurate. Once these conditions have been met, and MFM has approved your Request, MFM will purchase the airline ticket(s) necessary to ensure your singular, individual travel from your designated departure airport to your designated arrival airport in your Request. You are solely entitled toe-tickets for yourself, individually, for certain flights, with the applicable airfare at the time of purchase to be pre-paid by MFM. Tickets are not and shall not be deemed to be compensation for any activity you perform and report via the Program.
Upon purchase by MFM, title of the applicable airline ticket(s) will automatically transfer to you. All airfare is subject to availability at the time of booking and is not guaranteed until thee-tickets have been issued. All airfare is governed by the applicable airline’s individual policies. The airline has not sponsored or endorsed the Program. Many airfares require instant purchase and are non-refundable and each airline’s cancellation conditions vary. You will receive, and be responsible for, any refunds or change of reservation fees following issuance of the e-ticket(s). Currency rates may be based on various publicly available sources. Rates are not verified as accurate, and actual rates may vary. Some e-tickets include checked baggage in the airfare, and some do not include any checked baggage allowance. The Transportation Security Administration mandates each e-ticket reservation exactly match the valid form of identification used at time of travel. Thus, you must supply us with your full legal name as it appears on your photo ID or passport.
You will at all times during your participation in the Program, and use of any benefit or service offered by MFM, comply with applicable laws, rules, regulations, and policies. You represent and warrant that your planned travel is for a lawful, non-commercial purpose and you are solely responsible for communicating with any third parties regarding your travel, including any other personnel of the United States Armed Forces. No Ticket may, under any circumstances, be sold, bartered, transferred, or traded, or attempted to be sold, bartered, transferred, or traded, to any third party for any amount.
You may have the opportunity to submit to MFM (or its third-party service providers) audio, video, and visual images and recordings of you, including but not limited to photographs, testimonials, video recordings, audio clips, or any derivatives thereof (collectively, “Media”). You represent and warrant that (a) you are the sole owner of the Media, (b) the Media is original and non-infringing, and (c) the Media does not reflect any third party or contain any third-party content. You hereby grant to MFM the irrevocable, unrestricted, perpetual, worldwide, royalty-free, fully sublicensable and fully transferable, right, permission, and license to use, re-use, publish, republish, exhibit, transmit, broadcast, publicly perform, reproduce, record, photograph, digitize, adapt, exploit, and create derivative works of, without further consent from or other compensation to you, the Media and your name (including fictitious name), likeness, picture, image, voice, and biographical information (collectively, your “Likeness”). This includes the right to vary, change, alter, modify, add to, or delete the Media, and you consent to the digital compositing or distortion of the Media by MFM or its service providers. You hereby release, waive, discharge, and agree to hold harmless MFM from and against any and all legal and equitable claims, damages, liabilities, costs, and expenses arising out of or in connection with any use, distortion, alternation, or other manipulation of any Media or your Likeness by MFM. Without limiting the foregoing, MFM reserves the right to make public announcements about your participation in the Program without your prior notice or consent. MFM has no obligation to use the Media or your Likeness.
The Program and any Tickets are provided “as is” with all faults. MFM makes no warranty whatsoever, of any kind, express or implied, with respect to the Program or Tickets, including any warranty of condition, quality, or suitability, warranty of merchantability, fitness for a particular purpose, title, or non-infringement, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. You are solely responsible for, and MFM disclaims any and all liability arising out of or relating to, your use or failure to use the Ticket, in whole or part. As between you and MFM, you are solely responsible for all other travel costs or conditions, including getting yourself to or from any applicable airport. MFM is not responsible or liable in any manner for any adverse effect or consequences resulting from or arising out of the travel that is the subject of the Ticket. You also acknowledge and agree that this Agreement does not create any employment or volunteer relationship between you and MFM.
IN NO EVENT SHALL MFM, OR ITS AFFILIATES, BOARD OF DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS OR SERVICE PROVIDERS, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCE DAMAGES OR ANY LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE,ARISING OUT OF OR RELATING TO, OR IN CONNECTION WITH, THE PROGRAM OR ANY TICKETS, OR ANY BREACH OF THIS AGREEMENT BY MFM, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT MFM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHER WISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MFM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY, AND OTHERWISE EXCEED $100.
You shall indemnify, defend, and hold harmless, MFM and its officers, directors, employees, agents, affiliates, successors, and permitted assigns against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interests, awards, penalties, fines, and costs or expenses of any kind whatsoever (including reasonable attorneys’ fees), that are incurred by MFM arising of or related to your breach of this Agreement or violation of applicable laws, rules, regulations, or policies.
This Agreement is governed by and construed in accordance with the internal laws of the State Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Program shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts in each case located in the city of Boston. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
YOU AGREE THAT MFM AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING MFM IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.
ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of this Agreement will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under this Agreement. This Agreement, together with the MFM Terms of Service and Privacy Policy, constitute the sole and entire agreement between you and MFM regarding the Program and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Program; in the event of any conflict, however, the terms of this Agreement control.