Member Agreement

The e-Miles® Service ("e-Miles Service") is owned and operated by e-Miles, Inc. ("e-Miles"), a Delaware limited liability company. The e-Miles 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 e-Miles Service. By accessing or using the e-Miles 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 e-Miles Service. If you use the e-Miles Service, you acknowledge and agree that this Member Agreement is a legally binding contract between you and e-Miles. e-Miles 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 e-Miles Enrollment Form, you become an authorized user of the e-Miles Service (a "Member").

Section 1) Eligibility

  1. Member must have a unique primary e-mail address as well as a unique account for the sponsor selected (if required) during the e-Miles enrollment or redemption process .
  2. The e-Miles Service is limited to one account per individual, even if an individual has multiple e-mail addresses.
  3. Automated services, scripts or other machines are not eligible.
  4. Member must be 18 years of age or older to be eligible for participation in the e-Miles Service.
  5. 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 e-Miles Service.
  6. Member must have a unique primary e-mail address as well as a unique account number (if required) for the sponsor selected during the e-Miles enrollment process.

Top

Section 2) Member Registration Obligations

  1. Equipment. In order to access and use the e-Miles 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 e-Miles Service and any future enhancements or additional services.
  2. Registration Data. In consideration of use of the e-Miles Service, Member agrees to provide to e-Miles 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, e-Miles may suspend or terminate Member's account immediately and may refuse Member all current or future use of the e-Miles Service.
  3. 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 e-Miles website or invitation from sponsor.

Top

Section 3) Password, Account Access and Responsibilities

  1. Member's Password, Account Access Rights and Responsibilities
    1. Member must select a password as part of the registration process.
    2. In order to prevent unauthorized activity, to access the e-Miles Service, Member must give the e-Miles 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 e-Miles miles.
    3. For security purposes, Member is advised to memorize, and not to write down, his/her password.
    4. 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.
    5. Member agrees to (a) immediately notify e-Miles of any unauthorized use of Member's e-mail address and password or any other breach of security related to this website or the e-Miles Service, and (b) ensure that Member logs out from Member's account at the end of each session.
    6. Member agrees to abide by all applicable local, state, federal, and international laws and regulations with respect to Member's account.
  2. e-Miles Password, Account Access Rights and Responsibilities
    1. e-Miles will encrypt Member's password on the database.
    2. e-Miles is entitled to act on instructions received under Member's password and e-mail address.
    3. e-Miles 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.

Top

Section 4) Value of the e-Miles Miles

  1. e-Miles miles may not be redeemed for cash.
  2. e-Miles miles are not transferable:
    1. may not be auctioned, traded, bartered or sold, and
    2. not transferable...
      1. ...upon death.
      2. ...by gift.
      3. ...as part of a domestic relations matter.
      4. ...or otherwise, except by operation of law.
  3. e-Miles Member accounts may not be merged under any circumstances.

Top

Section 5) Earning e-Miles Miles

  1. Members earn e-Miles miles through earning opportunities for the Member's time spent viewing marketing or advertising messages and answering questions about the messages.
  2. Member agrees to accept personalized information, earning opportunities, and offers from e-Miles 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.
  3. Members can earn e-Miles miles each time Member participates in an earning opportunity.
    1. The amount of e-Miles miles that can be earned will be stipulated with each earning opportunity.
    2. Member acknowledges that he/she may not be eligible to receive certain earning opportunities. If Member is sent or receives an invitation in error, e-Miles reserves the right to reduce the Member's account for the e-Miles miles erroneously deposited.
  4. On occasion, e-Miles, Clients and Sponsors may allow Member to earn additional e-Miles miles via special earning opportunities.
    1. The amount of e-Miles miles offered for special earning opportunities will be stipulated in each special earning opportunity announcement.
    2. Member must comply with the terms of each special earning opportunity to earn any such additional e-Miles miles.
  5. On occasion, e-Miles, 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 e-Miles miles in their Member account.
  6. 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, e-Miles reserves the right to reduce the Member's account for the e-Miles miles erroneously deposited.

Top

Section 6) Participation in Marketing, Advertising and Special Earning Opportunities

  1. Member's Participation in the e-Miles Service, Client and Sponsor Marketing and Advertising Rights and Responsibilities
    1. Member's participation in the e-Miles Service, Client, Sponsor and Reward Partner marketing and advertising is solely at the member's discretion. e-Miles 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.
    2. Member is responsible for complying with any rules or terms set forth by Client or Sponsor.
  2. Member's Participation in the e-Miles Service, Client, Sponsor and Reward Partner Special Earning Opportunity Rights and Responsibilities
    1. Member's participation in the e-Miles Service, Client and Sponsor special earning opportunities is solely at Member's discretion. e-Miles 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.
    2. Member is responsible for complying with any rules or terms set forth by Client, Sponsor or Reward Partner.
  3. e-Miles Participation in Client, Sponsor or Reward Partner Marketing and Advertising and Special Earning Opportunities Rights and Responsibilities
    1. e-Miles 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.
    2. e-Miles assumes no liability, obligation, or responsibility for the transactions between Member and Client or Sponsor, including but not limited to:
      1. Fulfillment and timeliness of delivery Client, Sponsor or Reward Partner goods or services.
      2. Security associated with credit card, debit card or other transactions directly initiated by Member with Client or Sponsor.
      3. Maintenance of privacy of any personal information given by Member directly to Client or Sponsor.
  4. Member agrees that e-Miles 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 e-Miles Services.

Top

Section 7) Deposit of e-Miles Miles

  1. Once Member has achieved a threshold miles redemption level ("threshold level"), e-Miles miles can be redeemed or deposited toward the Member's selected redemption or deposit option.
  2. The rules surrounding the deposit of e-Miles miles, including the threshold level, are subject to change by e-Miles at any time and without prior notice.
  3. e-Miles miles 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 e-Miles Member registered with the e-Miles program.
  4. Once e-Miles miles 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 .
  5. e-Miles assumes no liability or responsibility for, and makes no warranty with respect to, any rewards provided by e-Miles Sponsors or third-party Reward Partners.
  6. e-Miles assumes no liability, obligation, or responsibility for the transactions between Member and Sponsor, including but not limited to:
    1. Fulfillment and timeliness of delivery of Sponsor or Reward Partner goods or services
    2. Security associated with credit card, debit card or other transactions directly initiated by Member with Sponsor or Reward Partner
    3. Maintenance of privacy of any personal information given by Member directly to Sponsor or Reward Partner
    4. Value of miles
    5. Operations of flights
  7. Member agrees that e-Miles 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 e-Miles Services.
  8. 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 e-Miles miles when Member uses e-Miles miles deposited or redeemed toward the Member's frequent flyer or hotel loyalty program that may result from a deposit or redemption by Member of e-Miles miles 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.

Top

Section 8) Expiration of e-Miles Miles

  1. e-Miles miles not deposited or redeemed toward a selected redemption option expire one (1) year from when the e-Miles miles were earned. For example, e-Miles miles earned in January will expire in January of the following year if the e-Miles miles have been deposited. e-Miles miles earned in calendar year 2012 will be considered and treated as 1st quarter 2013 earnings.
  2. e-Miles miles will expire if a member does not reply to one (1) or more earning opportunities each month.
  3. At e-Miles' sole discretion, e-Miles may choose to waive or defer enforcement of the expiration of Member's e-Miles miles.

Top

Section 9) Changing Sponsor

If applicable, you may change your selection to another e-Miles program for one (1) of the following reasons:
  1. You move fifty (50) miles or more from your current address.
  2. There is a significant reduction or elimination in service to your city with your selected Sponsor.
  3. Your selected Sponsor is no longer an e-Miles participating sponsor.
  4. Other conditions could apply on a case-by-case basis, subject to e-Miles Member Agreement.

Top

Section 10) Proprietary Rights to Content

  1. Member agrees that title, ownership rights, and other intellectual property and proprietary rights in the e-Miles Service shall remain in e-Miles and/or its licensors and suppliers.
  2. Member acknowledges that the content of this website and the e-Miles Service - including but not limited to text, sound, videos, photographs, graphics, software or other material contained in either e-Miles, Sponsor or Reward Partner electronic communications, services or software - is copyrighted by e-Miles 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 e-Miles 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 e-Miles and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by e-Miles and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by e-Miles, 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.
  3. Member may use e-Miles, Client's, Sponsor's or Reward Partners' content, service or software only as expressly authorized by e-Miles, the Sponsor, the Client or the Reward Partner ..
  4. Member acknowledges and agrees that the e-Miles Service and any necessary software provided by e-Miles 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. e-Miles 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 e-Miles 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 e-Miles Service. Member agrees not to access the e-Miles Service by any means other than the interface that is provided by e-Miles for such use.

Top

Section 11) Member Conduct

  1. Member agrees not to use the e-Miles Service or this website to:
    1. Violate any local, state, national or international law;
    2. Stalk, harass, or harm another individual;
    3. Collect or store personal data about other Members;
    4. Impersonate any person, or otherwise misrepresent Member's identity;
    5. Interfere with, disrupt or violate the terms and conditions and operating rules of the e-Miles Service or servers or networks connected to the e-Miles Service; or disobey any requirements, procedures, policies, or regulations of such networks;
    6. Interfere with another Member's use of the e-Miles Service;
    7. Attempt to gain unauthorized access to the e-Miles Service, or to other accounts, computer systems, or networks connected to the e-Miles Service;
    8. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
    9. Use the e-Miles Service to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
    10. Resell, barter, trade, auction or otherwise generate goodwill, proceeds, revenue, income or any benefit by providing access to the e-Miles Service to others.
  2. Member agrees to provide truthful and well considered answers to all earning opportunities.
    1. e-Miles reserves the right to withhold awarding or reverse the award of e-Miles miles to Member if Member's earning opportunity responses are judged, by e-Miles at its sole discretion, to be untruthful or not well considered.

Top

Section 12) Termination

  1. This Member Agreement commences upon Member's completion of the registration process, which includes submitting the e-Miles Enrollment Form. This Member Agreement, and your account, may be terminated as follows:
    1. By Member. Member may terminate membership in the e-Miles Service at any time. Member's termination of the e-Miles 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. e-Miles 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 e-Miles Member.
    2. By e-Miles. e-Miles may terminate this Member Agreement, Member's password, account or use of the e-Miles 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 e-Miles miles; or if e-Miles believes that Member has violated or acted inconsistently with the letter or spirit of this Member Agreement.
    3. If Member sells, resells, auctions, barters or trades e-Miles miles, or rewards obtained with e-Miles miles, e-Miles reserves the right to use Members' name, address, e-mail address, and/or telephone number to halt the improper alienations of e-Miles miles and/or rewards. This includes, but is not limited to, contacting online auction services to discontinue auctions for e-Miles miles and/or rewards.
  2. Effect of Termination. Upon termination by either Member or e-Miles:
    1. e-Miles 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 e-Miles Service.
    2. Member's right to use the e-Miles Service ceases immediately.
    3. Member agrees to forfeit any awarded but not deposited e-Miles miles upon termination.
    4. Should Member object to any of the terms or conditions of this Member Agreement or any subsequent modifications thereto or become dissatisfied with the e-Miles Service, Member's only recourse is to:
      1. Immediately discontinue use of the e-Miles Service, and
      2. Properly terminate membership in the e-Miles Service (see item (a)(i) above).
  3. Member agrees that e-Miles 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.
  4. Survival. The provisions of Sections 3b, 4, 6c, 7h, 9, 11, 12 and 14 through 24 shall survive any termination of this Member Agreement.

Top

Section 13) Privacy Policy

See our Privacy Policy

Top

Section 14) Modifications to Terms and Conditions

  1. e-Miles reserves the right to modify this Member Agreement and Privacy Policy at any time without prior notice. It is a Member's responsibility to review from time to time and remain familiar with this Member Agreement and Privacy Policy. While e-Miles reserves this right, e-Miles may attempt to notify Member of such changes via e-mail and/or by posting such changes on the e-Miles website.
  2. e-Miles may discontinue, add to or revise any or all aspects of the e-Miles Service in its sole discretion and without notice, including access to any support services, publications and other products or services ancillary to the e-Miles Service or membership. Sponsors or Reward Partners may be added, changed or modified at any time in e-Miles sole discretion.
  3. If Member objects to any changes, Member's sole recourse shall be to cease using the e-Miles Service. Member's continuing use of the e-Miles 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).
  4. Any new or additional features of the e-Miles Service shall be subject to this Member Agreement.

Top

Section 15) Disclaimer of Warranties

  1. Member agrees that use of the e-Miles Service and this website is solely at the risk of the Member.
  2. The e-Miles Service and all services offered therein are provided on a strictly "as is" and "as available" basis, without representation or warranty of any kind.
  3. Neither e-Miles nor its third-party partners make any warranty, express or implied:
    1. With regard to any products, services or gifts obtained by Members through the e-Miles Service or through Clients, Sponsors or Reward Partners .
    2. That the e-Miles Service will meet Member's requirements.
    3. That the e-Miles Service will be uninterrupted, timely, free of errors or without defects.
    4. As to the results a Member may obtain by using the e-Miles Service.
    5. As to the accuracy or reliability of any information obtained via the e-Miles Service.
  4. e-Miles expressly disclaims any and all express, implied and statutory warranties regarding the e-Miles Service, information, services or goods provided by or through the e-Miles Service (other than those incapable of exclusion under the laws applicable to this Member Agreement), including, but not limited to:
    1. The implied warranty of merchantability;
    2. The implied warranties of fitness for a particular user or purpose; and
    3. Non-infringement.
  5. e-Milescannot 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.

Top

Section 16) LIMITATION OF LIABILITY

  1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A MEMBER FROM E-MILES OR VIA THE E-MILES SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  2. THE INFORMATION, SOFTWARE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
  3. MEMBER UNDERSTANDS THAT ANY GOODS AND SERVICES OFFERED THROUGH THE E-MILES SERVICE ARE OFFERED BY THIRD PARTIES, AND THAT E-MILES DOES NOT OPERATE, CONTROL OR ENDORSE ANY INFORMATION, GOODS OR SERVICES IN ANY WAY.
  4. MEMBER UNDERSTANDS THAT CLIENTS, SPONSORS AND REWARD PARTNERS MAY PLACE RESTRICTIONS ON THE USE OF ANY GOODS AND SERVICES OFFERED THROUGH THE E-MILES SERVICE.
  5. NEITHER E-MILES 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:
    1. THE USE OR INABILITY TO USE THE E-MILES SERVICE;
    2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
    3. ANY TRANSACTION ENTERED INTO OR THROUGH THE E-MILES SERVICE;
    4. THE RELIANCE ON OR USE OF ANY INFORMATION, GOODS, SERVICES OR MERCHANDISE PROVIDED ON THE E-MILES SERVICE;
    5. UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA;
    6. STATEMENTS OR CONDUCT OF ANY THIRD PARTY;
    7.  ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE E-MILES SERVICE AND/OR MATERIALS OR INFORMATION RETRIEVED THROUGH THE E-MILES SERVICE; OR
    8.  ANY OTHER MATTER RELATING TO THE E-MILES SERVICE OR THIS MEMBER AGREEMENT.
  6. THE ABOVE LIMITATION IS APPLICABLE EVEN IF E-MILES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF (OR KNOW OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES.
  7. 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.
  8. MEMBER ACKNOWLEDGES AND AGREES THAT E-MILES NEITHER ENDORSES THE CONTENTS OF ANY ELECTRONIC MAIL OR INTERNET COMMUNICATIONS NOR SHALL BE HELD RESPONSIBLE OR LIABLE FOR:
    1. THE ACCURACY OF MATERIAL CONTAINED IN ELECTRONIC MAIL, INTERNET, OR OTHER COMMUNICATIONS.
    2. ANY INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE ELECTRONIC MAIL, INTERNET, OR OTHER COMMUNICATIONS.
    3. ANY FRAUD OR OTHER CRIME FACILITATED BY THE ELECTRONIC MAIL, INTERNET, OR OTHER COMMUNICATIONS.
  9. MEMBER AGREES THAT E-MILES IS NOT LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY PART OR ALL OF THE E-MILES SERVICE, INCLUDING CHANGES OR DISCONTINUANCES OF SERVICE FROM PARTICULAR PROVIDERS TO THE E-MILES SERVICE, WHICH MAY AFFECT THE AMOUNT OF THE E-MILES MILES OFFERED OR THE ACCURAL OF E-MILES MILES OR THE ABILITY TO REDEEM E-MILES MILES AFTER BEING REDEEMED TOWARD MEMBER'S SPONSOR OR REWARD PARTNER ACCOUNT.

Top

Section 17) Laws and Arbitration

  1. 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.
  2. The Member Agreement constitutes the complete, final and exclusive understanding between e-Miles and Member relating to the subject matter hereof and governs Member's use of the e-Miles Services, superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter.
  3. 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 e-Miles.
  4. 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. e-Miles 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 e-Miles 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.
  5. e-Miles' 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 e-Miles in writing.
  6. 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.
  7. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.
  8. e-Miles may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.
  9. All headings in this Member Agreement are for convenience only and have no legal effect.
  10. 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 e-Miles 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.
  11. The arbitrator shall only have the authority to resolve individual disputes between Member and e-Miles.
  12. 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.
  13. 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.

Top

Section 18) Notice

Except as provided above with respect to modifications of this Agreement, e-Miles may deliver notices to Member by prepaid certified mail, return receipt requested at the address in e-Miles database, or via electronic mail at the electronic mail address in e-Miles database; any such notice shall be deemed effectively given upon delivery. Member may give notice to e-Miles 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.

Top

Section 19) Links

The provision by e-Miles of a link to any other website or Internet location is for Member's convenience only and does not signify e-Miles endorsement of such other site or location or its contents. e-Miles 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.

Top

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 e-Miles Service, use of the e-Miles Service, e-Miles miles, or access to the e-Miles Service. The e-Miles Service is provided for Member's personal, noncommercial use only.

Top

Section 21) Indemnification

Member agrees to indemnify and hold harmless e-Miles 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 e-Miles 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).

Top

Section 22) Use and Storage

Member acknowledges that e-Miles may establish general practices and limits concerning use of the e-Miles Service, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the e-Miles Service, the maximum disk space that will be allotted on e-Miles servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access the e-Miles Service in a given period of time. Member acknowledges that e-Miles reserves the right to terminate accounts that are inactive for an extended period of time, as determined by e-Miles in its sole discretion. Member further acknowledges that e-Miles reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member agrees that e-Miles 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 e-Miles Service.

Top

Section 23) Trademark Information

e-Miles®, Miles for Minutes®, Miles for your time®, and the e-Miles logo are trademarks of e-Miles. Other e-Miles trademarks, including other product or company names, trademarks, service marks, logos and trade names appearing on this website or on or through the e-Miles Service, are the property of their respective owners.

Top

Section 24) Other

  1. All interpretations of Member Agreement terms and conditions set forth herein shall be at the sole discretion of e-Miles.
  2. Each Member is responsible for advising e-Miles of any e-mail address changes.
  3. The earning of e-Miles miles is subject to all applicable laws and regulations. e-Miles miles may be subject to income or other taxes, which taxes and all reporting related thereto are the sole responsibility of the Member.

Top



Member Agreement Revised as of 04/19/2013