Terms of Use

Miles Together Terms of Use

Effective: February 22, 2023

Welcome to Miles Together!

These terms of use, as updated from time to time (the “Agreement”) constitute a contract between you and Miles Together and establish the terms and conditions under which you will access and use the services and features (the “Miles Together Services”) available on Miles Together’s website located at milesapp.co and all related sub-domains, tools and services or through downloadable applications we make available to you (collectively, the “Website”). As used in this Agreement, “Miles Together,” “we,” “us,” and “our” shall mean Blaze Global LLC, a dba Miles Together, and its subsidiaries and affiliates. The Miles Together Services and the Website, collectively, may be referred to herein as the “Services”.

ACCEPTANCE OF TERMS. By using the Services, you unconditionally agree to the terms and conditions set forth in this Agreement and the Miles Together privacy policy available on the Website (“Privacy Policy”). We may update these Terms of Use or our Privacy Policy at any time, and your continued usage of the Website after an update constitutes your acceptance of any revisions to these Terms and Conditions of use or our Privacy Policy.

PRIVACY POLICY. Please see our separate Privacy Policy, which describes how we collect, protect, use and share information obtained through the Website or the Miles Together Services.

USERS; GENERAL ACCESS. You may be accessing and using the Website as (i) an administrator, teacher or staff member (“Educator”) of a school or other educational facility or program (“School”), (ii) a student enrolled at a School (“Student”) or (iii) a parent or legal guardian of a Student (“Parent”). Your right to use the Website is limited in scope, revocable, personal, non-transferable and non-exclusive. You are responsible for obtaining any equipment and Internet service necessary to access the Services. You acknowledge that the Services are evolving and that the form and nature of the Services may change from time to time without notice to you.

ACCESS AND USE TERMS.

(a) General Access and Use Rights. Subject to the terms and conditions of this Agreement, Miles Together hereby grants to you, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Website and the Miles Together Services. For Educators, Students or Parents, your access to the Website must be via login credentials to be provided by Miles Together (“Login Credentials”). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken. You may not (i) create more than one account to access the Website, (ii) share your Login Credentials with any third party or (iii) transfer your account on the Website to any third party. Miles Together is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or to remarket the Services or to provide access to the Services to any third party. Miles Together may terminate any Login Credentials in its sole discretion.

(c) Privacy; Rights in Your Data. You will own any data or information that you submit to the Website, and all such information is subject to our Privacy Policy. You hereby represent and warrant that (i) all data you submit to Miles Together or the Website (“your Data”) will be true and correct and (ii) you have the right to provide any and all of your Data that you provide for the purposes of this Agreement. You hereby grant to Miles Together a perpetual, irrevocable, royalty-free right to use your Data for any purpose, subject in all respects to our Privacy Policy. If you object to your Data being used in a manner permitted by this Agreement and the Privacy Policy, please do not use this Website. Upon termination of your Login Credentials for any reason, you may no longer have access to any of your Data or Submissions that you provided to the Website or Miles Together.

(d) Usage by Children. Parents must agree to this Agreement (and to the Privacy Policy) on behalf of their children who are Students prior to any use of the Services by their children. If you are a Parent and you do not agree to the use of the Services by your children, please notify Miles Together at support@milesapp.co with your Login Credentials and we will immediately terminate the Login Credentials of your children who are Students.

SUBMISSIONS. The Services may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data including trails, moods or journal entries, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content such as new trails, to the Website (“Submissions”). By posting Submissions on or at the Website, you agree to the following:

By submitting the Submissions to Miles Together, or displaying, publishing, or otherwise posting any content on or through the Website, you hereby do and shall grant Miles Together a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Submissions in connection with the Website, and Miles Together’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Website a non-exclusive license to access your Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Website and under this Agreement. For clarity, the foregoing license grant to Miles Together does not affect your other ownership or license rights in your Submission(s), including the right to grant additional licenses to the material in your Submission(s), unless otherwise agreed in writing;
You represent and warrant that you own or otherwise control all rights to such Submissions and that disclosure and use of such Submissions by Miles Together (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party; and
You acknowledge and agree that: (i) without limiting the licenses granted by you to Miles Together with respect to your Submissions, Miles Together shall have the right to reformat, excerpt, or translate your Submissions; (ii) all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated; (iii) Miles Together will not be liable for any errors or omissions in any content; and (iv) Miles Together cannot guarantee the identity of any other users with whom you may interact in the course of using the Website.
You hereby grant Miles Together a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Website any suggestions, enhancement requests, recommendations or other feedback that you provide to Miles Together relating to the operation of the Website.
Miles Together does not review, monitor or endorse, and has no control over, any Submission. Miles Together cannot guarantee the authenticity of any data which users may provide about themselves.
Miles Together has no obligation to monitor the Website or Submissions at any time including without limitation journal entries and mood selection. Miles Together may remove any Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Submission), or for no reason at all.

STANDARDS OF CONDUCT AND APPLICABLE LAW.

(a) Conduct. You may not use the Services to:

post any Submissions or other content that is, or which Miles Together considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable;
introduce viruses, worms, Trojan horses and/or harmful code to the Website or on the Internet;
display material that exploits children under 18 years of age;
post any Submissions or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property rights of any third party;
post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests;
intentionally or unintentionally violate any applicable law; or
collect, save or otherwise download content from our Website using automated means such as bots, robots or scrapers.

Miles Together has no obligation to monitor the Website or Submissions at any time including without limitation journal entries and mood selection. Miles Together reserves the right to remove any Submissions from the Services at any time in our sole discretion.

(b) Applicable Law. Your use of the Services is subject to all applicable, local, state, national laws and regulations. You may only use the Services for lawful purposes. You shall not use or allow others to use the Services in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy.

INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS.

(a) Restrictions. You shall not, and shall not permit any person or entity to: (i) use the Services for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Services; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Services or any software component of the Services; (iv) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (v) act in a fraudulent, tortious, malicious, or negligent manner when using the Services; or (vi) circumvent or disable Miles Together’s copyright protection mechanisms or license management mechanisms.

(b) Ownership. You acknowledge that the structure, organization, intellectual property such as trademarks or trade secrets and code used in conjunction with the Services are proprietary to Miles Together and that Miles Together and/or its licensors retain exclusive ownership of the Services, documentation, and any other intellectual property rights relating to the Services, including all modifications, enhancements, derivatives, and other software and materials relating to the Services, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available the Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by Miles Together or copies thereof to others in violation of this Agreement.

(c) No Other Rights. Except as expressly set forth in this Agreement or other written agreement between you and Miles Together, no license or other right in or to the Services or content is granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.

(d) Suggestions. If you provide any feedback, improvements or other suggestions (collectively, “Suggestions”) to Miles Together for improvements to the Services, you hereby grant to Miles Together a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with the Services and any other products or services. Additionally, Suggestions shall be subject to the terms and conditions applicable to Website Submissions.

LIMITED WARRANTY. (a) Mutual Warranties; Disclaimer. Each of you and us represents and warrants to the other party that such party has the legal power to enter into this Agreement.

Miles Together does not warrant or represent that the Services will be error-free, uninterrupted or secure.

(b) Disclaimers. You acknowledge that the Services are provided “AS IS” and is based in part on Submissions provided by Students, Parents and Educators, which are not verified by Miles Together, and that any content acquired through the use of the Services is at your sole risk and discretion. Miles Together and its suppliers are not liable or responsible for any results generated through the use of the Website. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT.

(c) Exclusion for Specific Jurisdictions. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

LIMITATION OF LIABILITY.

(a) Limitation. Miles Together’s aggregate liability for all claims arising from this Agreement, cumulatively between you and Miles Together, shall not exceed one hundred United States dollars ($100). Further, Miles Together shall not be liable for any property damage caused by the use of the Services, reports produced through the use of the Services or by any errors, delays or failures of the Services.

(b) Disclaimer. IN NO EVENT SHALL BLAZE, ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BLAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(c) No Liability to any Third Party. TO THE MAXIMUM PERMITTED EXTENT, BLAZE DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE SERVICES BY ANYONE OTHER THAN YOU.

INDEMNIFICATION. (a) By You. You shall indemnify and hold Miles Together, its directors, officers, employees, suppliers, agents, successors, and assigns harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by (i) your Submissions or referrals hereunder, (ii) your use of the Services; (iii) your use of any Submissions that you acquire via the Services and/or (iv) your gross negligence or willful misconduct.

(b) By Miles Together. Miles Together shall indemnify and hold you harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by a claim alleging that the Services (excluding all Submissions) directly infringes a copyright, a U.S. patent issued prior to the commencement of the term of this Agreement or a trademark of any party.

(c) Procedure. A party’s obligations to indemnify the other party with respect to any third party claim, action or proceeding shall be conditioned upon the indemnified party: (i) providing the indemnifying party with prompt written notice of such claim, action or proceeding, (ii) permitting the indemnifying party to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by the indemnifying party, and (iii) cooperating at the indemnifying party’s request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information. No indemnified party shall enter into any settlement agreement for which it will seek indemnification under this Agreement from the indemnifying party without the prior written consent of the indemnifying party. Nothing herein shall restrict the right of a party to participate in a claim, action or proceeding through its own counsel and at its own expense.

NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Miles Together’s copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Miles Together’s agent for copyright issues relating to this Website is as follows:

Blaze Global LLC

1 East Erie St

Suite 525-4364

Chicago IL 60611

In an effort to protect the rights of copyright owners, Miles Together maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

GOVERNING LAW; JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and applicable United States federal law, without reference to “conflicts of laws” provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your access to the Website or use of the Miles Together Services shall lie exclusively in, or be transferred to the courts of Cook County and/or the District of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action. Notwithstanding the foregoing, Miles Together shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction.

LINKS TO THIRD-PARTY WEB SITES. This Website may contain links to non-Miles Together websites. These links are provided to you as a convenience, and Miles Together is not responsible for the content of any linked web site. Any non-Miles Together website accessed from this Website is independent from Miles Together, and Miles Together has no control over the content of that website. In addition, a link to any non-Miles Together website does not imply that Miles Together endorses or accepts any responsibility for the content or use of such website.

MISCELLANEOUS. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Miles Together of that third party or of any product or service provided by a third party. You may not assign or transfer this Agreement in whole or in part to any third party. This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns. Miles Together and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. This Agreement, together with the Privacy Policy and any other terms and conditions set forth on the Website, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended except by a writing signed by both parties or by an updated Agreement (or Privacy Policy) posted on the Website by Miles Together in its sole discretion. The laws of the United States of America prohibit the export of certain products, software, and data to particular persons, territories and foreign states. Nothing from this Website may be exported, in any way, in violation of United States law. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

FOR ADDITIONAL INFORMATION.

If you have any questions about the rights and restrictions above, please contact us by email at support@milesapp.co