PLEASE READ THESE TERMS AND CONDITIONS OF USE (the “TERMS”, OR “TERMSOF USE”) CAREFULLY BEFORE USING THE SERVICE AS THEY CONSTITUTE A LEGALAGREEMENT BETWEEN YOU AND MILEAGEQUEST.

By accessing our website or using any services, including by downloading, installing or using any associated software, APIs or apps supplied or created by Mileage Quest, LLC (“Mileage Quest,” “we,” “us,” or “our”) on behalf of us or our affiliates, including any that enable you to use the services,you agree to these Terms and the Mileage Quest privacy policy as well as any additional terms applicable to the software or services in which you may elect to participate. These Terms sets forth the conditions which govern your use of the software, website and of the content and the services and solutions made available on or through the website or any app (“Services”).You and your employer may separately be bound by an agreement governing the Services and nothing in these Terms shall limit the obligation sand rights in that agreement. The Privacy Policy, together with these Terms, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Agreement". PLEASE REVIEW THE TERMS PERIODICALLY. We reserve the right to discontinue or modify any part of these Terms in our sole discretion. If we make changes that affect your use of the Services, we will post notice of the change via the Services. Any updates shall become effective immediately upon posting. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF UPDATESWILL CONSTITUTE YOUR ACCEPTANCE OF THE UPDATED TERMS. If you do not agree to the changes, you may close your account and you should not use the Services or participate in any program offered via the Services after the effective date of the changes. The most current version of the Terms can be accessed at any time by selecting the Terms link on the website. 

1. GENERAL RULES
As a requirement of your use of any Service, you affirm and agree that: You are at least 18 years of age, and are able to create a binding legal obligation on behalf of yourself and/or your company and/or employer; You are responsible for all Content (as defined below) you provide and your activities on Mileage Quest; You will use Mileage Quest in compliance with all applicable laws, rules, and regulations; You will not use Mileage Quest to solicit the performance of any activity which infringes our rights or the rights of others; You will not use Mileage Quest to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us; You may only use the Services using your valid account established and maintained by you and in all respects subject to these Terms. 
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2. YOUR ACCOUNT
Access to certain areas of the Service is enabled only by username and password. You shall maintain your password in strict confidence. In no event shall you share your password with any third party or allow another person to access the Services using your password. You shall immediately notify us if you have any reason to believe that your username or password has been lost, compromised, or misused. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will presume that anyone using the Service through your account is you. You agree that you are solely responsible for any activity that occursunder your account. Your account is non-transferrable. You cannot sell,combine, or otherwise share it with any other person. We reserve the right torevoke or deactivate your username and password if you violate the Agreement. You understand and agree that MileageQuest shall have no responsibility for anyincident arising out of or related to your account settings. 

3. PROPRIETARY RIGHTS AND LICENSES
Until termination of the Agreement and subject to full satisfaction of any applicable payment obligations and your compliance with this Agreement, Mileage Quest grants you a personal, limited, nonexclusive, revocable, nontransferable right and license to use the Services solely for y our internal business purposes. With respect to any software or applications, including without limitation software as a service, subject to these Terms, we hereby grant to you a limited, nonexclusive, non-transferable license to access and use the Services during the term of this Agreement, solely by the number of authorized users, and only up to the approved and mutually agreed usage volumes, if any, as set forth on the applicable ordering document or as otherwise mutually agreed.  The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes here and in the documentation provided by Mileage Quest for the applicable Service (the “Documentation”). Mileage Quest reserves all other rights in the Services. Except for the limited rights granted here, Mileage Quest retains all right, title, and interest, including all intellectual property rights, in and to the Services, including without limitation know-how, techniques, processes, ideas, algorithms, and software design and architecture of the Services, which shall at all times be Mileage Quest’s proprietary and confidential information. No rights are granted to you hereunder other than as expressly set forth. You acknowledge that the Services constitute Mileage Quest’s valuable trade secrets and improper use, or disclosure would cause Mileage Quest irreparable harm. Accordingly, you agree to use the Services solely as authorized in this Agreement. You further acknowledge that any license granted pursuant to this Agreement is not a sale and does not transfer to you title or ownership of the Services or a copy of the Services, but only a right of limited use. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO MILEAGEQUEST.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Mileage Quest (collectively, “Feedback”) are not confidential and you hereby grant to Mileage Quest a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwiseuse such Feedback as it deems appropriate, for any and all commercial ornon-commercial purposes, in its sole discretion.If you are agreeing on behalf of a company, you hereby grantMileageQuest the right (i) to use your company’s  logo and name on MileageQuest’s websiteand/or customer lists; and (ii) to issue a press release announcing therelationship and identifying the type of Services purchased by you provided,however, that the wording of any such press release or announcement shall beapproved in advance by you, which approval shall not be unreasonably withheld. 4. PRIVACY AND DATAWe take the privacy of your personal data seriously. We encourageyou to carefully review our Privacy Policy for important disclosures about waysthat we may collect, use, and share Personally Identifiable Information (“PII”)the Privacy Policy is incorporated in these Terms. Our Privacy Policy coversonly the collection and use of PII by MileageQuest and does not cover thecollection or use of PII by other users. 
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5. TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES.
All trademarks, service marks, logos, slogans, and taglinesdisplayed on or through the Services are the property of MileageQuest or theirrespective owners and nothing contained herein should be construed as grantingany license or right to use any trademarks, service marks, logos, slogans, ortaglines displayed on or through the Services without the express writtenpermission of MileageQuest, or such third-party that may own the trademark,service mark, logo, slogan or tagline. 6. YOUR USE OF THE SERVICES. You agree not to access or use, nor permit any third party to use, the Services in an unlawful way or foran unlawful or illegitimate purpose, including without limitation any violationof the antifraud or registration provisions of the securities laws of the U.S.or any state. You shall not post or transmit via the Services (a) a message orinformation under a false name; (b) information that is unlawful, libelous,defamatory, obscene, fraudulent, predatory of minors, harassing, threatening orhateful to any person; or (c) information that infringes or violates any of theintellectual property rights of others or the privacy or publicity rights ofothers. You shall not attempt to disrupt the operation of the Services in anymanner, including through the use of methods such as denial of service attacks,flooding or spamming and you will not transmit, distribute, introduce, orotherwise make available in any manner through the Services any computer virus,keyloggers, spyware, worms, Trojan horses, time bombs or other malicious orharmful code (collectively, “Harmful Code”). You shall not use the Services inany manner that could damage, disable, or impair our services or networks. Youshall not attempt to gain unauthorized access to any user accounts or computersystems or networks, through hacking, password mining or any other means. Youshall not use any robot, scraper, or other means to access the Services. Youagree you will not (i) provide access to or give any part of the Services toany third party; (ii) reproduce, modify, copy, sell, trade, lease, rent orresell the Services; (iii) decompile, disassemble, or reverse engineer theServices; (iv) make the Services available on any file-sharing or applicationhosting service; (v) access the Services to (1) build a competitive product orservice, (2) build a product or service using similar ideas, features,functions or graphics of the Services, (3) copy any ideas, features, functionsor graphics of the Services, or (4) determine whether the Services are withinthe scope of any patent. You will also not use the Services for any otheractivity that places MileageQuest in the position of fostering, or havingpotential or actual liability for, illegal activity in any jurisdiction, or attempt to probe, scan, penetrate or test the vulnerability of a Mileage Quest system ornetwork or to breach MileageQuest’s security or authentication measures, whether by passive or intrusive techniques. If you break any of your promises above or any of the rules in this agreement, we may terminate your account. Your actions may also subjectyou to legal consequences. Use of the Services may be availablethrough a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including anyapplicable changes, updates, and fees as well as the terms of your agreementwith your mobile device and telecommunications provider.

MILEAGEQUEST MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND,EXPRESS, STATUTORY, OR IMPLIED AS TO THE AVAILABILITY OF TELECOMMUNICATIONSERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANYLOCATION; ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATIONSERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TOTRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
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 7. CONTENT
Services may enable you and other users to enter certain content, data, and other information (“Content”). The Services contains a wide variety of Content, whether (1) proprietary to Mileage Quest, or (2) proprietary to third parties. Content includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features, and any other materials that you may view, access, or download through the Services. You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Mileage Quest or other parties that have licensed their material to Mileage Quest, and are protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior written consent of Mileage Quest or written consent of such third-party that owns the Content. All rights not expressly granted herein by Mileage Quest and/or its licensors to you are reserved by Mileage Quest and/or its licensors. Content is provided to you AS IS. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content and you here by agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. Mileage Quest is not a messaging or data storage service, and you are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures to your users. Mileage Quest is not responsible for any of your Content that you submit through the Services. You hereby represent and warrant that you own or have all necessary rights in and to the Content posted by you on or through the Services to grant the license in this Agreement, that the posting and use of Content onor through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person and that the posting of Content on the Services will not result in a breach of contract between you and a third party. EXCEPT AS MUTUALLY AGREED UPON IN WRITING BY THE PARTIES, YOUAGREE NOT TO USE THE SERVICES TO COLLECT, MANAGE OR PROCESS SENSITIVEINFORMATION. MILEAGEQUEST SHALL NOT HAVE  ANY LIABILITY THAT MAYRESULT FROM YOUR USE OF THE SERVICES TO COLLECTOR MANAGE SENSITIVE INFORMATION. “Sensitive Information” means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as, but not limited to, the Gramm– Leach–Bliley Act, the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards. Our Services may contain links to other websites. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other fileson your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Please be aware that the terms of our Privacy Policy do not apply to these third-party websites.

ANY QUESTIONS REGARDING CONTENT MUST BE ADDRESSED TO MILEAGEQUESTUSING THE CONTACT INFORMATION SET FORTH IN OUR PRIVACY POLICY. INFORMATIONOBTAINED FROM INDEPENDENT SOURCES OTHER THAN MILEAGEQUEST (INCLUDING WITHOUTLIMITATION NEWSPAPERS, MAGAZINES, AND THE INTERNET) IS FURNISHED FORINFORMATIONAL PURPOSES ONLY; MILEAGEQUEST HAS NOT PREPARED SUCH SOURCES ORAPPROVED THEIR CONTENT. THE INFORMATION CONTAINED IN THE CONTENT WAS OBTAINEDFROM SOURCES BELIEVED TO BE RELIABLE; HOWEVER, MILEAGEQUEST DOES NOT GUARANTEEITS ACCURACY OR COMPLETENESS. MILEAGEQUEST DOES NOT RENDER TAX OR LEGAL ADVICE.AS SUCH, NO ONE SHOULD ACT UPON ANY TAX OR LEGAL INFORMATION CONTAINED IN THECONTENT WITHOUT CONSULTING A TAX PROFESSIONAL. 

8. SUBSCRIPTIONS
For all accounts, there are no refunds or credits for changes to your account or changes to the number of users in your plan. We reserve the right to change service fees upon fourteen (14) days’ notice. Such notice maybe provided at any time by posting the changes to Mileage Quest or by email. 

9. TERM AND TERMINATION
You are solely responsible for the proper cancellation of your account. This Agreement will remain in effect until you send us a request to cancel your account. You may cancel your account at any time by messaging our support team by sending Mileage Quest a formal cancellation request via our in-app messenger or by contacting support@mileagequest.app. Mileage Quest reserves the right to terminate this Agreement at its discretion for any reason or no reason at any time upon notice to you. Upon expiration or termination of this Agreement for any reason, the rights and licenses granted to you under this Agreement will immediately terminate. You are solely responsible for any export of your data from Services prior to termination, and Mileage Quest shall have no obligation to hold or maintain any such data following termination. You agree that Mileage Quest shall not be liable to you or any third party for any suspension or termination of your access to the Site or Services, except to the extent we suspend or terminate the Services without cause, in which case you may be eligible to seek– as your exclusive remedy – a prorated refund of prepaid subscription fees. 
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10. WARRANTY DISCLAIMER
TO THE EXTENT ALLOWED BY LAW, MILEAGEQUEST AND ITS AFFILIATES (ANDTHOSE THAT MILEAGEQUEST WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALLIMPLIED WARRANTIES AND REPRESENTATIONS (SUCH AS WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON INFRINGEMENT); (B)DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERROR;THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BEACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OROTHER MATERIAL PURCHASED OR OBTAINED THROUGH OR AS A DIRECT RELATIONSHIP MADETHROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERROR IN THESOFTWARE WILL BE CORRECTED; AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT ANDINFORMATION) ON AN “AS IS”AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THATYOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLYRESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANYIMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSONUSING YOUR LOGIN CREDENTIALS. MILEAGEQUEST CANNOT AND DOES NOT ASSUME ANYRESPONSIBILITY FOR YOUR MISUSE OF ANY ADVICE, IDEAS, INFORMATION, INSTRUCTIONSOR GUIDELINES ACCESSED THROUGH THE SERVICES.BY PROVIDING THE SERVICES, MILEAGEQUEST DOES NOT INTEND TO PROVIDEFINANCIAL, INVESTMENT, LEGAL OR TAX ADVICE AND/OR ANY OTHER ADVICE OF ANY KIND.YOUR USE OF THE SERVICES AND ANY DECISIONS YOU MAKE RELATING TO OPPORTUNITIES ANDINFORMATION ADDRESSED IN THE CONTENT ARE AT YOUR SOLE RISK. 

11. LIMITATION OF LIABILITY AND INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIREAGGREGATE LIABILITY OF MILEAGEQUEST, ITS AFFILIATES AND SUPPLIERS FOR ALLCLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO FIVE HUNDRED DOLLARS.SUBJECT TO APPLICABLE LAW, MILEAGEQUEST IS NOT LIABLE TO YOU OR ANY OTHERPERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT ORSPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOSTPROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTEROR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES,WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, ANYERRORS OR OMISSIONS IN THE SERVICES, ANY INFRINGEMENT BY THE SERVICES OF THEINTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSSOR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES, OROTHERWISE, EVEN IF MILEAGEQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. WITHOUT LIMITING THE LIMITATION OF LIABILITY PROVISIONS CONTAINEDHERE, IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR THE SITE, YOU AGREE THATYOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES OR THE SITE.UNDER NO CIRCUMSTANCES SHALL MILEAGEQUEST, ITS AFFILIATES, OR LICENSORS BELIABLE IN ANY WAY FOR YOUR USE OF SERVICES OR THE SITE, INCLUDING, BUT NOTLIMITED TO, YOU HEREBY RELEASE MILEAGEQUEST AND HOLD IT AND ITS LICENSORS ANDSUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KINDAND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL ANDCONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED ANDUNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THESERVICES OR THE SITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAWLIMITING OR PROHIBITING A GENERAL RELEASE.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you. Mileage Quest reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Mileage Quest in the defense of any Claims. You shall not settle any such claim without the written consent of the Mileage Quest.

 12. GOVERNING LAW AND DISPUTES
You and Mileage Quest agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any dispute of Claims relating in any way to the Services, or this Agreement will be resolved by binding arbitration, except that you may assert Claims in small Claims court if your Claims qualify.

WE EACH AGREE THAT ANY ANDALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS APLAINTIFF OR MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.BYENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ANDMILEAGEQUEST ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIALBY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASSACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY ANDKNOWINGLY WAIVED THESE RIGHTS. Arbitration will be conducted by the American Arbitration Association (AAA) before a single arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA rules. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This shall survive expiration, termination, or rescission of this Agreement. To begin an arbitration proceeding, send a letter requesting arbitration and describing your Claims to Mileage Quest LLC, in care of our registered agent. 

13. MISCELLANEOUS
Compliance. You and not Mileage Quest shall be solely responsible for your compliance with all applicable laws, including without limitation data protection, state and federal labor laws and reporting, and you shall hold Mileage Quest harmless, defend and indemnify Mileage Quest from any and all payroll, tax, and labor compliance liabilities.
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Calculations. Certain features of the Services, includingmultiplying hours tracked by a monetary figure supplied by you, are providedfor convenience and your reference only and can never be relied on as such andare not warranted or guaranteed by MileageQuest to be a payroll or tax calculationor any other payment calculation.

Assignment. You may not assign this Agreement or any rights orobligations here under, directly or indirectly, by operation of law orotherwise, without the prior written consent of MileageQuest. MileageQuest mayfreely assign this agreement. This Agreement will inure to the benefit of andbe binding upon both parties and their respective successors and permittedassigns. Any attempted assignment in violation of this section will be null andvoid.

Force Majeure. MileageQuest shall be excused from performanceunder these Terms, to the extent it is prevented or delayed from performing, inwhole or in part, as a result of an event or series of events caused by orresulting from: (a) weather conditions or other elements of nature or acts ofGod; (b) acts of war, acts of terrorism, insurrection, riots, civil disordersor rebellion, epidemics and/or pandemics; (c) quarantines or embargoes; (d)labor strikes; (e) error or disruption to major computer hardware or networksor software failures; or (g) other causes beyond the reasonable control of MileageQuest.

Severability. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect then forceability of any other provisions contained in these Terms, and theremaining portions of our Agreement shall continue in full force and effect.

Waiver. No waiver by either you or Mileage Quest of any breach, default, or failure to exercise any right allowed under these Terms is a waiverof any preceding or subsequent breach or default or a waiver or forfeiture ofany similar or future rights under our Terms.

Entire Agreement. The Terms, including the incorporated PrivacyPolicy and other terms incorporated by reference, constitutes the entireagreement and understanding between you and MileageQuest with respect to thesubject matter hereof and supersedes all prior or contemporaneouscommunications and proposals, whether oral or written, between you and MileageQuestwith respect to such subject matter.

Resellers. Notwithstanding the foregoing, for those Users who receive access to the Services via a third-party reseller, to the extent such reseller’s terms of use (“Reseller Terms of Use”) conflict with these Terms of Use, the Reseller Terms of Use shall control.

Last Updated: July 1, 2024