Terms of Service

These Terms of Service (“Terms”) are provided to you (“Customer”, “you, “your”) in connection with the Many the Myles’s (“Many the Myles”) Web site (“Site”) and Service (“Service” as defined below) offered and provided by Many the Myles Consulting LLC (“Many the Myles,” “we,” or “us”).

1. Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms. By using the Site, you agree to use the Site in accordance with these Terms, our Privacy Policy, and any additional Terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site.

2. Service. The order, purchase, subscription, access, or use of the Service by the Customer (“Customer”) or Authorized Customer (“Authorized Customer” as defined below) constitutes an affirmative agreement by Customer and Authorized Customer to abide and be bound by these Terms and its modifications.

a. Service Definition. This Service provides in-person and remote assistance involving setup, installation, and training on the safe and secure use of technology software and hardware for older adults in their homes or residences on their behalf and at their direction, and in coordination with their caregivers and adult children. This Service includes providing information to older adults and their caregivers about the features and use of consumer software and hardware products that are available through third-party channels but does not include the direct provision by Many the Myles of any software or hardware. We will provide the support and services to you described in these Terms for your consumer electronics and appliances regardless of where these products were purchased. However, any Service provided for third party consumer software and hardware products is not a guarantee, warranty, or extended warranty that your products will not contain defects or that we can repair any item or that we will replace or provide a refund of your product’s purchase price in the event your product cannot be repaired. It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Many the Myles shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Many the Myles shall not be liable in any way for damages arising from Service-related software or apps downloaded to Customer’s equipment by Many the Myles.

b. We will provide this Service to (1) the person who has placed an “Order” to purchase the Service (“Customer”) for themselves or (2) to the person (“Authorized Customer”) that is authorized by and acting on behalf of another person in the role of family member or caregiver. If you are an Authorized Customer purchasing the Service on behalf of a Customer, you represent and warrant to Many the Myles that you have the full right, power, and authority to enter into these Terms, receive information related to the Service on behalf of the Customer, and grant the rights hereunder. You further represent and warrant that you have the legal right, power, and authority to consent to these Terms on behalf of the Customer and yourself, and you are at least 18 years of age. You have read and understand the Terms.

c. Service Appointment Cancellation Policy. Service appointments are subject to a twenty-four (24) hour cancellation policy. Customers and Authorized Customers may cancel or change a reservation for a visit (the “Reservation”) up until twenty-four (24) hours before it begins. Within twenty-four (24) hours of the Reservation start time, it is no longer possible to cancel or move your Reservation, and you will be billed for the entire Reservation. Without prior notification, Many the Myles maintains the right to refuse to sell the Service to any customer for any reason or no reason at all. If your Service is canceled, we will attempt to notify you using the email address you have given us with the Service.

d. Access to Customer Premises and Equipment. Customer shall provide Many the Myles and our agents with reasonable in-person or remote access as determined by us to the Customer’s property at which the Service will be provided to allow us to install, configure, maintain, inspect, upgrade equipment associated with Customer’s services, as deemed by Many the Myles to be reasonable and necessary. This includes allowing us to send software and/or downloaded apps to the equipment for the purpose of obtaining equipment specifications and configuration data as well as installing, configuring, maintaining, inspecting, and upgrading the equipment. Should Many the Myles be unable to access the Customer’s property and equipment, we reserve the right to terminate the Service.

e. Service Requirements. Our internet-based remote support session will only be conducted where the Customer and/or Authorized Customer is present during the session, able to participate in the session, and able to provide consent to share with us the Customer’s screen and control of the mouse, if needed. The Customer and/or Authorized Customer agrees that upon the initiation of our remote connection to the Customer’s equipment, we will be able to see any content that is visible and open on your desktop or home screen. The Service require an Internet connection; telephone or video connection to us, and up-to-date antivirus software installed on all computer devices that are accessed by the Service.

3. Modifications. We may change the Terms and conditions of the Service from time to time. Upon any such change in the Service, Many the Myles will notify the Customer and Authorized Customer by posting the changes to the website. Many the Myles reserves the right to modify or discontinue the Service with or without notice to the Customer and Authorized Customer. The Customer and Authorized Customer shall have no rights and Many the Myles will have no obligations regarding the Service thereafter. Many the Myles shall not be liable to the Customer, the Authorized Customer or any third party should Many the Myles exercise its right to modify or discontinue the Service.

4. Privacy. It is our policy to respect the privacy of our customers. For information on our privacy practices, please review our privacy policy at www.manythemyles.com/privacy.

5. Limitations of service. We shall not be liable for any failure or delay in performance due to any cause beyond our control. We may refrain from providing the service and instead refund your payment, wholly or in part, on the basis that the minimum system requirements are not met or if your technical needs or other requirements are unusual or extensive and beyond the scope of these Terms, as determined by us.

6. Limitations on Use. By using our Site or the Service, you agree not to (i) modify, prepare derivative works of, or reverse engineer, our Site or the Service; (ii) knowingly or negligently use our Site or the Service in a way that abuses or disrupts our networks or the Site or the Service; (iii) transmit through the Site or the Service any harassing, indecent, obscene, or unlawful material; (iv) or use the Site or the Service in violation of applicable laws, or regulations.

7. DISCLAIMER OF WARRANTIES. THE SITE OR THE SERVICE IS PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE, THIRD-PARTY SITES OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, THIRD-PARTY SITES OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THIRD-PARTY SITES OR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, THIRD-PARTY SITES OR SERVICE. YOUR USE OF THE SITE, THIRD-PARTY SITES OR SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, THIRD-PARTY SITES OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE, THIRD-PARTY SITES OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY. MANY THE MYLES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THIRD-PARTY SITES OR THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, THIRD-PARTY SITES OR SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MANY THE MYLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.

a. If you are dissatisfied with the site, your sole and exclusive remedy is to discontinue using the site.

b. Notwithstanding any language to the contrary, Many the Myles’s maximum liability to Customer and the Authorized Customer arising from or related to the Service under this Agreement shall be limited to the fees paid by Customer and Authorized Customer to Many the Myles for the Customer’s and Authorized Customer’s most recent purchase of a Service session under this Agreement prior to the time the cause of action arose.

9. DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION. ANY DISPUTE INVOLVING YOU AND MANY THE MYLES OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.

“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with Many the Myles whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes (1) the Site, (2) the Service; or (3) any Terms and conditions. Dispute shall also include all disputes that arose before your access, use, or acceptance of the Site or the Service and after the cancellation or termination of the Service, including any claims that are the subject of a purported class action litigation.

For any dispute, you agree to first contact Many the Myles at myles@manythemyles.com and attempt to resolve the dispute with us. In the event that we have not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms by binding arbitration.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Many the Myles for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may choose to have the arbitration conducted by telephone or based on written submissions, or at another mutually agreed upon location.

YOU AND MANY THE MYLES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Many the Myles agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.

NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.

10. APPLICABLE LAW. THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE COMMONWEALTH OF VIRGINIA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND MANY THE MYLES.

11. Indemnification. Customer agrees to indemnify, defend, and hold harmless Many the Myles and its employees and agents from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Many the Myles by reason of, or arising from: (a) Customer’s and Authorized Customer’s breach of this Agreement; (b) Customer’s and Authorized Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s and Authorized Customer’s actual or alleged failure to promptly pay fees due Many the Myles or third parties; (d) Customer’s and Authorized Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer and Authorized Customer.

12. Fees and Payment. You agree to pay all applicable, undisputed fees for the Service on the Terms set forth in this agreement. Any and all payments you make to us for access to the Service are final and non-refundable. You are responsible for all fees and charges imposed by your voice and data transmission providers related to your access and use of the Service. You agree that we may charge your payment card or bill you for all amounts due for your use of the Service, and we make take steps to update your payment card information (where permitted) to ensure payment can be processed. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Service if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We reserve the right to update the price for Service at any time after your Initial Term, and price changes will be effective as of your next use of the Service. In accordance with applicable law, we will notify you of any price changes by publishing on our website, emailing, quoting, or invoicing you.

13. Term and Termination. These Terms will be in effect from the day of your Order for the purchase of the Service. The Service will continue unless the Customer or Authorized Customer notifies us of your termination of these Terms either by email to myles@manythemyles.com or speaking with us by phone at least 48 hours before any existing service appointment. If we permit you to reinstate Service at any time after termination, you agree that you will be bound by the then-current Terms.

a. Termination for Cause. Either party may terminate the Agreement (i) if the other party breaches its material obligations and fails to cure within 30 days of receipt of written notice, or (ii) where permitted by applicable law, if the other party becomes insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of its business, and (iii) we may suspend access or terminate immediately if you breach Sections 6 or 14.

b. Effect of Termination. If the Service is terminated, neither party will be liable for any damages resulting from termination of the Agreement, and termination will not affect any claim arising prior to the effective termination date.

14. Intellectual Property Rights.

a. Many the Myles Limited License to You. This Site and all the materials contained on it are our property, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal noncommercial use only. You may only use this Site and the materials on it as authorized by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site.

b. Your License to Many The Myles. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are 13 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

c. When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, as we deem appropriate.

d. Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by email to myles@manythemyles.com. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms or on the Site.

Please include the following information in your written notice:

(1) a detailed description of the copyrighted work that is allegedly infringed;

(2) a description of the location of the allegedly infringing material on the Site;

(3) your contact information, including your address, telephone number, and, if available, e-mail address;

(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;

(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and

(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

e. Restrictions on Linking and Framing. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by Many the Myles. However, you may not frame or inline link to any of the content of the Site, or incorporate into another Web site or other service any of our material or intellectual property without the written permission of Many the Myles.

15. Entire agreement. These Terms constitute the entire agreement between you and us with respect to the Service provided to you and will prevail over any conflicting, additional, or other Terms of any marketing collateral or other document or expression.

16. Communication. We may call or text you at any phone number that you provide us (including any mobile number) to inform you about the status of your support or service or if your internet connection is dropped (in the event of a remote online session). Calls may be live or pre-recorded and calls or texts may be made via automated dialing system. Voice and data rates may apply.

17. Contact. Please contact us at myles@manythemyles.com with any questions regarding these Terms.