Welcome to Miles for Military. Miles for Military Incorporated, a nonprofit organization (“MFM,” “we”, “us”, “our”, or similar) provides military members the opportunity to participate in our Miles for Military program that allows active-duty military service members who meet certain eligibility requirements to apply to receive airline tickets (our “Program”). Information about our Program, as well as our portal for participating in the Program, are made available via our website located at www.milesformilitary.org[KA1] (collectively, our “Services”).
These Terms of Service (“Terms”) are by and between you and Miles for Military and govern your access and use of the Services. “You” and similar terms means you, as an individual, as well as any organization, business, or entity on whose behalf you are accessing or using the Services (“Organization”). By accessing or using the Services, and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization.
These Terms apply to all access or use of our Services by general website visitors, military members, donors, charitable organizations, or business contacts or partners.
By: (i) accessing or using our Services, including visiting our website, or (ii) otherwise clicking on the “I Agree,” “Submit,” “Create Account,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms. You also agree to bind the Organization on whose behalf you are accessing or using the Services. If you do not want to agree to these Terms, you must not access or use the Services.
Use of our Services is also subject to our Privacy Policy[KA2] . If you are a military member, your participation in our Program is also subject to the Hero Program Agreement located at [URL link[KA3] ]. These documents are both incorporated herein by reference.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.
PLEASE CAREFULLY REVIEW THE WARRANTY DISCLAIMERS, INDEMNIFICATION OBLIGATIONS, JURY TRIAL WAIVER, AND CLASS ACTIONS WAIVER PROVIDED FOR BELOW.
The Services may allow you to make a donation to our organization (a “Transaction”). In connection with any Transaction, you may be asked to supply certain relevant information, including your bank account information, creditor payment card number and expiration date, or similar payment information, and your billing address. You represent and warrant that you have the right to use any bank account, credit or payment card, or other payment mechanism that you submit in connection with a Transaction, and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant MFM the right to provide such information to third parties (e.g., our payment processing provider), or allow third parties to collect such information on our behalf, for the purposes of facilitating the Transaction.
Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that MFM is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses, or shares your information. Please review such third-party payment processor’s terms and privacy policies.
Receipts for donations will be sent to the email address provided in connection with the Transaction; please ensure this information is accurate.
The Services are controlled and operated by MFM from its offices within the United States. The Services are not intended to subject MFM to any non-U.S. jurisdiction or law. MFM makes no representation that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.
You shall not use the Services for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of, or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services or MFM systems, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
In connection with the Services, you must not: (i) transmit or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious or could lead to the harm or deletion of any computer systems or data; (ii) use any device, software or routine that interferes with the Services; (iii) use the Services in an unlawful or fraudulent manner; (iv) impersonate any other person or misrepresent your identity in any manner, including through the use of another user’s credentials; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services; (vi) use any automatic device, process or means (including any bot) to access the Services for any purpose, including monitoring, scraping, exporting, or copying content or any data on or from the Services; and (vii) otherwise attempt to interfere with the proper working of the Services.
We reserve the right to terminate access to the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
You acknowledge that, as between you and MFM, MFM owns all right, title, and interest, including all intellectual property rights, in and to the Services (including the code for the software powering the Portal) and, with respect to third-party materials, the applicable third-party owns all right, title and interest, including all intellectual property rights, in and to the third-party materials, trademarks, images, and related designs.
MFM names and logos, including MILES FOR MILITARY, and all related product and service names, design marks and slogans are the trademarks or service marks of MFM or MFM’s licensors. All rights are reserved. You are not authorized to use any MFM name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of MFM. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners.
The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on the Services are either owned by MFM, are licensed to it, or are used with permission. MFM and its licensors, vendors or other service providers retain and reserve all proprietary and property rights to the contents of the Services.
The Services may allow you to upload, post, transmit, or share information, text, data, photographs, and other content (collectively, “User Content”), including through the Portal. In uploading, posting, or sharing such User Content, you grant MFM and its affiliated entities a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download User Content, and post or forward User Content to others, for the purpose of providing you the Services or any other use described in our Privacy Policy. You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Content does and will comply with these Terms.
You are responsible for any User Content, including its legality, reliability, accuracy, and appropriateness. MFM is not responsible or liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Services.
The following content standards apply to any and all User Content and use of the Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
THE SERVICES ARE PROVIDED “AS IS” AND MFM HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN. MFM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MFM MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Services. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Services.
Governing Law, Waiver of Jury Trial, and Waiver of Class Actions
These Terms are governed by and construed in accordance with the internal laws of The Commonwealth of 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 these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of The Commonwealth 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 these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign the rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
These Terms and the Privacy Policy constitute the sole and entire agreement between you and MFM regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
The DMCA allows us to restore the removed content if the party ling the original DMCA Notice does not le a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
