Terms and Policies

1stMILE Mobile App Terms of Use

Effective Date: July 1, 2026

PLEASE READ THE FOLLOWING TERMS OF USE (THE “TERMS”) CAREFULLY. THEY GOVERN YOUR ACCESS TO AND USE OF THE 1STMILE MOBILE APP (THE “APP”). BY ACCESSING OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, DOWNLOAD, OR USE THE APP.

What These Terms Cover

These Terms are entered into between you and 1stMILE, LLC (“1stMILE,” “we,” “our,” or “us”) and its affiliates and subsidiaries and govern your access to and use of the App, and any other site or online service where these Terms are posted. The terms “User,” “Member,” and “you” refer to you, the person accessing or using the App. In addition, you acknowledge and agree to our Privacy Policy (https://1stmile.com/privacy-policy) which is incorporated herein by reference. These Terms and our Privacy Policy will be available for you to view at all times within the App. 1stMILE may amend these Terms at any time. These Terms contain disclaimers and other provisions that limit our liability to you.

The App

1stMILE, through the App, provides Members with a platform to join and participate in loyalty program(s) offered by participating automotive shops (“Shops”), track your vehicle(s) service and transaction history/ies, and compile other vehicle information. Each loyalty program offered by a participating Shop is subject to specific terms and conditions governing your participation in that Shop's loyalty program. By enrolling in a Shop's loyalty program, you may have the opportunity to earn discounts and loyalty points (“Points”) for purchasing certain products or other activities as specified by the Shop under the Shop's own program terms or rules. You acknowledge and agree that Shop loyalty programs are not offered by 1stMILE, and 1stMILE is not responsible for issuing any rewards pursuant to any Shop loyalty program.

Eligibility

Membership and use of the App is offered only to (a) legal residents in the 50 United States, the District of Columbia, and Puerto Rico, (b) who are at least 18 years of age or older or have reached the age of majority in their jurisdiction of legal residence at the time of participation (each an “Eligible Member”).

Only individuals are eligible to create an account with the App, and each individual may maintain only one account (each, a “Membership Account” or an “Account”). Corporations, groups and/or associated entities cannot enroll as Members. You must be legally competent to enter into contracts to register a Membership Account and use the App. 1stMILE reserves the right to limit the number of Membership Accounts enrolled in the App. All federal, state, provincial, and local laws and regulations apply.

Membership

To use the App, you must create a Membership Account. Eligible individuals may enroll by downloading the 1stMILE Loyalty App (“Loyalty App” or “App”) on their mobile device and following the instructions to provide the requested information (e.g., name, phone number, and email address) and agreeing to these Terms, the 1stMILE Privacy Policy, and all incorporated terms and conditions.

Each Member is solely responsible for all activities that occur under their Account and for maintaining the security of their login credentials. If Your Membership Account is compromised, you agree to immediately inform 1stMILE. Members must not disclose login credentials to any third party for any reason. 1stMILE will not be liable for any loss or damage of any kind arising from a Member's failure to comply with the requirements of this paragraph or any Member responsibilities under these Terms.

By entering your phone number and creating a Membership Account, you are providing 1stMILE and its agents with your signature expressly consenting to receive marketing messages and to be called or texted (including prerecorded messages or using an autodialer or automated means) at the number provided, even if the number is on a corporate, state, or national Do Not Call list. You acknowledge and agree that you are not required to agree as a condition of any purchase, and you represent that you are at least 18 years old and the age of majority. To opt-out of promotional SMS messages, please reply STOP to any message you receive. By entering your email address, you also acknowledge and agree to receive promotional emails from us. If you decide for any reason that you no longer wish to receive promotional emails from us, you can unsubscribe from our email distribution list by clicking the “unsubscribe” link located at the bottom of each promotional email. You can also opt out of receiving emails by sending a request to Privacy@1stMILE.com.

Termination

1stMILE reserves the right to reject, revoke, cancel, terminate, or suspend any Membership, your use of the App, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if 1stMILE believes: (a) the Member has (1) violated any of the these Terms; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the App; or (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the App, 1stMILE, or participating Shop; or (b) 1stMILE's provision of the App and/or any associated benefits to Member may violate any applicable laws to which 1stMILE or participating Shop is subject from time to time.

1stMILE may terminate the App, your Membership Account, and all related services any time without notice. 1stMILE reserves the right, in its sole discretion and without notice, to expire your Membership Account after 12 months of account inactivity. If you are not eligible for a Membership Account, you are prohibited from accessing and using the App and prohibited from creating a Membership Account. If enrolled and you wish to stop participating, you may delete this App; to delete or cancel Your Membership Account, call 1stMILE at (855) 554-6179.

Member Communications

From time to time, Shop loyalty program information will be updated. Please check the App for the most up-to-date information. Each Member is responsible for reading a participating Shop's loyalty program rules any other Shop communications to understand their rights, responsibilities, and status with respect to a particular Shop's loyalty program, as well as the structure for earning points and/or discounts. Please be aware that Shops may amend their loyalty program at any time without notice, and that by enrolling in a Shop's loyalty program, you may be agreeing to receive advertising, marketing materials and other communications from the Shop as permitted by law.

Grant of License

1stMILE either owns, or has licenses to, the App and the intellectual property rights associated with it. Some components of the App may be owned by third-party service providers (“Third-Party Providers”), but 1stMILE has a valid license, including the right to sublicense, from such Third-Party Providers. 1stMILE grants you a limited, non-exclusive, revocable, non-transferable, royalty-free license, without the right to sublicense, to access and use the App in accordance with these Terms (the “License”). This License includes use of the App and any materials contained in the App. The App is subject to the intellectual property rights of 1stMILE and any Third-Party Providers and their respective licensors, existing under any foreign, state, or local laws or regulations, now or hereinafter in force and effect, and in any jurisdiction worldwide, including, without limitation, patent law, industrial rights law, copyright law, moral rights law, trade secret law, trademark law (together with all of the goodwill associated therewith), unfair competition law, publicity rights law, or privacy rights law, and any and all other proprietary rights whether under statutory or common law (or otherwise), and any and all national, foreign, and state registrations, applications, renewals, extensions, and restrictions of any of the foregoing.

Prohibited Use

You must comply with all laws, rules, and regulations applicable to your use of the App. You will not, and will not permit any third party to do or attempt to do any of the following: (a) access or monitor any material or information in the App using any manual process or robot, spider, scraper, or other automated means; (b) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, loan, or distribute any material or information provided to you by 1stMILE; (c) use the App in any manner that would interfere with the rights of any third party or otherwise fail to comply with applicable third-party terms; (d) take any action that could compromise the security of the App; (e) violate the restrictions in any robot exclusion headers in any aspect of the App, work around, bypass, or circumvent any of the technical limitations of the App, use any tool to enable disabled features or functionalities of the App, or decompile, disassemble or otherwise reverse engineer the App; (f) transfer any rights granted to you under these Terms; (g) perform or attempt to perform any actions that would interfere with the proper working of the App, prevent access to or use of the App by other users, or impose an unreasonable or disproportionately large load on 1stMILE's infrastructure, including, but not limited to, excessively high volume data transfers or bandwidth use; (h) encourage any conduct that would constitute a criminal offense or that gives rise to civil liability; (i) attempt to damage, disable, overburden, or impair 1stMILE's servers or networks; (j) impersonate any person or entity or otherwise misrepresent your identity or affiliation with another person or entity; or (k) otherwise use the App except as permitted by these Terms (collectively, “Prohibited Use”). 1stMILE reserves the right, at any time and in its sole discretion, to terminate any License granted under these Terms, remove any content, or assert legal action with respect to any content or use of the App that 1stMILE reasonably believes is or might be Prohibited Use or otherwise violate these Terms. 1stMILE's failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

User-Generated Data, User Content, and Feedback

“User-Generated Data” means any and all information that is generated by your use of the App, including, but not limited to, automatic reporting and other tools that give you the ability to create, post, and distribute various forms of content for and in connection with the App.

You may have the opportunity to upload information to the App (“User Content”). You represent that you will not contribute User Content to the App unless you have created it or have express permission from the creator or copyright owner to do so. By contributing User Content to the App, you grant 1stMILE, its parents, subsidiaries, affiliates, and successors a worldwide, perpetual, irrevocable, non-exclusive, fully paid, royalty free, sub-licensable right to use, modify, reproduce, adapt, publish, prepare derivative works from, distribute, and publicly display any User Content contributed by you.

You may not, and represent and warrant that you will not, contribute any User Content that, in 1stMILE's sole discretion: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, disparaging, libelous, threatening, predatory, harassing, hateful, racially or ethnically offensive, abusive, inflammatory, or is otherwise objectionable or inappropriate; (ii) promotes or encourages conduct that is illegal or would give rise to civil liability; (iii) breaches any duty toward, or rights of, any person or entity, including rights of publicity or privacy; (iv) contains corruptive data or any other harmful, disruptive, or destructive files; (v) is “spam” or contains direct marketing communications, unsolicited advertising, promotional materials or other forms of solicitation or commercial content; (vi) poses or creates a privacy or security risk to any person; (vii) is objectionable, restricts or inhibits any person or entity from using or enjoying any aspect of the App, or which may expose 1stMILE, its parents, subsidiaries, affiliates, or other App users to harm or liability; or (viii) is an impersonation of, or attempt to impersonate, another person. 1stMILE reserves the right, but shall have no obligation to, screen, edit, remove, or disable any User Content at any time and for any reason without notice. You acknowledge that by using the App, you may be exposed to User Content that is offensive, indecent, or objectionable. 1stMILE has no duty to pre-screen User-Generated Data or User Content. You agree that 1stMILE shall not have any responsibility for or liability with respect to any User Content posted by you or others, and 1stMILE expressly disclaims any and all liability in connection with any User Content or User-Generated Data.

You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to, the App (“Feedback”). Feedback may also include your responses to surveys or other reporting. 1stMILE and its authorized Third-Party Providers may obtain information from you regarding the use of the App, including, but not limited to, App usage or patterns, online activities or any other activities conducted through your use of the App. You agree that your Feedback is provided gratuitously, unsolicited, and without restriction. 1stMILE shall have no duties or obligations with respect to Feedback provided by you. 1stMILE shall be entitled to use and disseminate any Feedback for any purpose, in its sole discretion, without any compensation to you.

Intellectual Property Rights of 1stMILE and Third Parties

1stMILE either owns, or has licensed, all U.S. legal right, title, and interest in and to the App, including, but not limited to, any trademark, copyright, patent, trade secret, trade dress, service marks, and other worldwide intellectual property rights as they relate to App (the “Intellectual Property”). Except as otherwise set forth in these Terms, these Terms do not grant you any rights with respect to the Intellectual Property. 1stMILE, the 1stMILE logo, and other 1stMILE trademarks, service marks, graphics, and logos used in connection with the App are trademarks or registered trademarks of 1stMILE, its parents or affiliates (collectively, “1stMILE Marks”). Other trademarks, service marks, graphics, and logos used in connection with the App are the trademarks of their respective owners (collectively, “Third-Party Marks”). The 1stMILE Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of 1stMILE or the applicable trademark holder. The App and all content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights and also may have security components that protect digital information only as authorized by 1stMILE or the owner of the any content.

Copyright Infringement

1stMILE reserves the right to terminate your access to the App in the event you infringe on any copyright rights of 1stMILE or any third party. 1stMILE also reserves the right to remove any User Content or any other material posted by a User that is alleged to infringe the copyrights of others.

Advertising and Promotions

1stMILE may display advertisements, promotions, and offers for 1stMILE and its affiliates (including promotions for 1stMILE products and services) through the App interface, and such advertisements, promotions, and offers may be modified, replaced, or removed at any time in 1stMILE's discretion. Some of these advertisements may be personalized or targeted to you based on information you have provided to 1stMILE through the App or otherwise. Please visit our Privacy Policy (https://1stmile.com/privacy-policy) to learn more about our information collection, use, and sharing practices.

Third-Party Content, Applications, Products, and Services (including Advertising and Promotions)

1stMILE may provide third-party content in the App (including embedded content) or links to participating Shops, third-party vendors, or other third-party content, websites, products, and services, including advertisements and promotions (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse, or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement, or adoption by 1stMILE of any application or any information contained therein, and can make no guarantees as to its accuracy or completeness. You acknowledge and agree that 1stMILE is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update and review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you use other websites or apps via Third-Party Content, or participate in promotions or business dealings with third parties, you should understand that our Terms and policies no longer govern, and that the terms and policies of those third-party websites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party website, program, or app to which you navigate from our App.

Modification

1stMILE may, in its sole discretion, change, modify, or amend these Terms at any time. If we make material changes to these Terms, we will inform you by posting a notice on the App. Any changes will be immediately effective upon posting the revisions to the App, and you waive any right you may have to receive specific notice of such changes. Your continued use of the App will confirm your acceptance of the changes; therefore, you should frequently review these Terms to understand the terms and conditions that apply to your use of the App. In the event you do not agree with the amended Terms, your sole and exclusive remedy is to stop using the App.

Limitation of Liability and Release

BY CREATING AN MEMBERSHIP ACCOUNT, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS AND CONDITIONS; (B) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST 1STMILE, ITS PARENT OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH THE APP AND (C) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS' OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE APP, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE OR ANY OFFER OR BENEFIT, (II) ANY ERRORS PUBLISHED IN RELATION TO THE APP, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, PRINTING, ERRORS OF DESCRIPTION, ERRORS IN ANY APP MATERIALS, AND ERRORS IN THE CREDITING OR DEBITING OF POINTS FROM MEMBER ACCOUNTS, (III) ANY CHANGE IN ANY BENEFIT, OFFER OR DISCOUNT (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND 1STMILE's CONTROL, (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, TERMINATION, OR MODIFICATION OF THE APP, ANY PARTICIPATING SHOP LOYALTY PROGRAM OR ANY COMPONENT THEREOF, (V) HUMAN ERROR, (VI) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE APP, COMPUTER SYSTEM, POS, COMPUTER TIMING AND/OR DATING MECHANISM, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY ANY OF THE RELEASED PARTIES OR BY YOU, (VII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR OF ANY OTHER THIRD PARTY, (VIII) LOST, LATE, MISDIRECTED, DAMAGED OR DESTROYED CORRESPONDENCE, POINTS, OFFERS, DISCOUNTS OR ANY OTHER BENEFIT (OR ANY ELEMENT THEREOF), (IX) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS, OFFERS, DISCOUNTS, OR OTHER BENEFIT, AND (X) ANY ACTS OR OMISSIONS BY YOU OR THIRD PARTIES INCLUDING NEGLIGENCE OR WILLFUL MISCONDUCT.

1STMILE AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE APP, ANY PARTICIPATING SHOP LOYALTY PROGRAM AND/OR THE ACCEPTANCE OR USE OF ANY BENEFIT. BY PARTICIPATING IN THE APP AND/OR ANY PARTICIPATING SHOP LOYALTY PROGRAM, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.

IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS, HEIRS, EXECUTORS, AND ADMINISTRATORS, AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE APP OR ANY PARTICIPATING SHOP LOYALTY PROGRAM, ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY POINTS, OFFER, OR BENEFIT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, OR TERRORISM OR ANY ACT OR OMISSION OF A THIRD PARTY.

THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of All Warranties

WITHOUT LIMITING THE FOREGOING, THE APP, INCLUDING WITHOUT LIMITATION, ALL TRACKING AND CALCULATION OF POINTS, OFFERS, DISCOUNTS AND BENEFITS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

NEITHER 1STMILE OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE APP OR ANY PARTICIPATING SHOP LOYALTY PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED.

NEITHER THE APP NOR ANY BENEFIT OFFERED BY THE PROGRAM CREATES, CONSTITUTES OR GIVES RISE TO ANY LEGAL OR CONTRACTUAL RIGHTS BY MEMBERS AGAINST 1STMILE. A MEMBER'S USE OF THE APP IS SOLELY AT THE MEMBER'S OWN RISK.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. THIS SECTION WILL SURVIVE TERMINATION OF MEMBER'S PARTICIPATION IN THE PROGRAM.

Dispute Resolution

Except where prohibited by law, Members (and former Members) agree that: (a) any and all disputes, claims and causes of action arising out of or connected with The APP or benefits hereunder shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in King County, Washington State.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Member (or former Member) or 1STMILE in connection with the App, shall be governed by, and construed in accordance with, the laws of the State of Washington, United States without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.

Taxes

ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF POINTS, OFFERS, AND DISCOUNTS NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF MEMBER.

Caution and Warning

Any attempt to deliberately damage or undermine the legitimate operation of the App may be a violation of criminal and civil laws. Should such an attempt be made, 1stMILE reserves the right to seek damages or other remedies to the fullest extent permitted by law. Any abuse of the App, failure to follow any Terms, or any misrepresentation by a Member may subject that Member to cancellation of his/her Account and will affect eligibility for future participation. 1stMILE further reserves the right to seek all remedies, whether available at law or at equity, criminal or civil.

Assignment

These Terms, and any rights and Licenses granted hereunder, may not be transferred or assigned by you and any attempted assignment will be deemed void. 1stMILE reserves the right to assign these Terms and the rights and obligations hereunder to any third party without notice to you. These Terms will be binding and inure to the benefit of the parties hereto and their successors and permitted assigns.

Survival

The provisions of these Terms which are expressly, or by implication, intended to continue in force notwithstanding the termination of these Terms or your termination of use of the App for any reason, will survive termination or expiration of these Terms.

No Waiver; Severability

The failure of 1stMILE to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be adjudged by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be removed to the minimum extent necessary and the remainder of these Terms shall remain in full force and effect.

Conflicts

In the event of a conflict between these Terms and any other terms and conditions or policies of 1stMILE, these Terms shall prevail as to the subject matter contained herein.

Headings and Subheadings

The use of titles and headings with reference to certain portions of these Terms is solely for the convenience of the reader and are of no legal effect.

Privacy

For an explanation of our practices and polices relating to the collection, use, and storage of Member personal information, please refer to the Privacy Policy (https://1stmile.com/privacy-policy). The Privacy Policy will be available for you to view at all times within the App. 1STMILE, its agents, affiliates, subsidiaries, representatives or service providers may use Members' personal information for purposes of Point fulfillment and/or for future marketing, such as to notify them of a product or promotion that may be of interest.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the App is 1stMILE, LLC., 8383 158th Ave NE #100, Redmond, WA 98052. To file a complaint regarding the App or to receive further information regarding use of the App, send a letter to the above address or contact 1stMILE via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.

Contact / Questions

For more information about the Program and/or Member Accounts, or if You have other questions, email Us at Privacy@1stMILE.com.