Welcome to Milo!

Milo.Gift ("Milo") is a website ("Site", including mobile website) operated by YieldFX Inc ("YieldFX"). that offers for sale and operates merchant-issued gift cards, digital products, rewards points, and offer coupons.  By visiting Milo, making a purchase, or using any feature or service offered by the website, you agree to these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. These Terms of Use constitute an agreement between YieldFX and you. Additional terms and conditions apply to some services offered on the Site (e.g., the Cash+ deposits, gift cards, marketplace, etc.) or through other channels. Those terms and conditions can be found where the relevant service is offered on the Site or otherwise and are incorporated into these Terms of Use by reference. We recommend that you print out a copy of these Terms of Use for your records.

By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Site.

Please note that these Terms of Use contain provisions that govern the resolution of claims between YieldFX and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please see the Legal Disputes section for complete details and review carefully.


Privacy and Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Site. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to YieldFX. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. YieldFX does, however, reserves the right at all times to disclose any information as YieldFX deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

You are responsible for all activities that occur under your account on the Site, and for establishing security procedures for maintaining the security and confidentiality of passwords associated with your account. You may not share your account or password with anyone, and you agree to (1) notify YieldFX immediately of any unauthorized access to or use of your password or any other breach of security; and (2) exit from your account at the end of each session on the Site. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself.


Changes

YieldFX reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Site. Changes, however, shall not apply retroactively to claims for which you or YieldFX have given notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign anon-electronic version of these Terms of Use.

We will notify you of any change to these Terms of Use by any reasonable means, such as by updating the "Last Updated" date at the top of these Terms of Use.
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Intellectual Property Rights

‍The Site contain valuable trademarks and service marks owned and used by YieldFX, including but not limited to, Milo.Gift, YieldFX, the Mio.Gift design logo, and the tag lines "The art of giving", "The gift the Grows", and "The new home for money at rest"(collectively, the "YieldFX Marks"). Any use of the YieldFX Marks without the prior written permission of YieldFX is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the YieldFX Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of YieldFX.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING,UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF ORDUPLICATING ALL OR ANY PART OF THE SITE OR ANY AI FEATURES IS PROHIBITED ANDMAY BE AN INFRINGEMENT OF YIELDFX PATENTS AND INVENTIONS.

All digital and physical products advertised, listed, and sold by YieldFX on the Site are offered by independent retail businesses, distributors,  and other third parties("Suppliers"). All other trademarks, service marks, product names, package designs and company names or logos associated with these Suppliers that are not owned by us but appear on the Site are the property of their respective owners.


Product Reviews, Social Media, and other User-Generated Content

‍From time to time, the Site permits the submission of content, such as comments, photographs, text, graphics, moving images, sound, illustrations, blogs and product reviews, or any content or information that you publish through social media and permit us to feature by your use of the YieldFX Social Tags (as defined herein) or general written consent, whether generated by you and other users (in each case, "User Content"). User Content is governed by these Terms.

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary. You acknowledge that you will not be paid for YieldFX’s use of your User Content.

By submitting User Content directly or by using the YieldFX Social Tags (as defined herein), you represent and warrant to YieldFX that: (i)you have used and are personally familiar with the product that is the subject of your User Content, (ii) your User Content is accurate, honest, and reflects your opinion, (iii) your User Content contains clear and conspicuous disclosures if your User Generated Content is submitted as a result of a sweepstakes entry or gift from YieldFX, (iii) does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (iv) you own or have the legal right to use and authorize YieldFX to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (v) your User Content does not violate YieldFX’s Acceptable Use Policy set forth below;(vi) and that you will indemnify YieldFX for all claims resulting from User Content that you supply.

As between you and YieldFX, you will retain all of your ownership rights in and to your User Content. By submitting User Content to YieldFX, you hereby grant to YieldFX a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, adapt, translate, reformat, publish, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media)your User Content, in whole or in part, including future rights that YieldFX(or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant: (i) to YieldFX the right to use the name and social media user profile associated with your User Content, and (ii) to each user of the Sites anon-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use. We may display your User Content or create and display derivative works, including but not limited to advertisements, from your User Content on pages or mediums where your User Content may be viewed by you or others, and we may use your User Content or the created derivative works to advertise, market and promote YieldFX or the Site.

YieldFX calculates a product’s star rating using a proprietary algorithm instead of a simple average. This algorithm considers factors such as the recency of the review, whether the product was purchased directly from YieldFX, and review distributions within product classes to provide an accurate and contextualized representation of each product.

YieldFX does not endorse any User Content or any opinion, recommendation, or advice expressed therein. YieldFX reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. YieldFX has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason. YieldFX takes no responsibility and assumes no liability for User Content. To the extent that User requires that User Content must be taken down due to third party copyright claims, please review our Copyright Policy. 


‍Social Media Tag Usage

‍When you tag us, we may want to share the User Content that you post.BY USING #YIELDFX, #MILO-GIFT, #MILO_GIFT, #GIVEWITHMILO, OR@GIFTWITHMILO AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANYOF THE SITES (THE “YIELDFX SOCIAL TAGS”), EACH USER AGREES TO PROVIDE YIELDFXWITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP,TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S), TEXT, GRAPHICS,MOVING IMAGES, SOUND, AND ILLUSTRATIONS, OR ANY OTHER MATERIALS IN ANY AND ALLMARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIACHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOTINFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUTNOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS. 


Acceptable Use Policy

‍By submitting User Content and otherwise using the Site, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights(including any privacy and publicity rights) unless you own, or have permission from the rightful owner of such rights to post such User Content and to grant YieldFX all of the rights granted herein; (ii) submit any User Content containing minors’ likenesses that does not comport with relevant laws, rules, and regulations (iii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iv) use the Sites to harm any person or entity, including YieldFX; (v) impersonate any person or entity, including but not limited to, a representative of YieldFX, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (viii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Site or any other computer software or hardware or telecommunications equipment; (ix) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (x) collect, store or use personal information about other users of the Site without their consent; (xi) use the Site (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xii) use any of the Site in any manner that could overburden or impair any of the Site or the networks or systems connected to the Site; and/or(xiii) use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

You also agree that you will not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. YieldFX reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

You further agree that you may not use, or allow any other person or entity to use, any materials found on this website for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against YieldFX or its affiliates or for the purpose of developing or using an offering or product directly or indirectly competing with an offering or product from YieldFX. Your failure to comply with these prohibitions constitutes breach of these Terms of Use with respect to the materials at issue. Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms of Use) constitutes a separate instance of breach and subjects you to a payment obligation in the amount of $75,000 USD per instance of breach, as liquidated damages and not as a penalty. In addition, YieldFX reserves the right to seek damages for infringement for copyrighted materials. You agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.


Chatbots and Use of Generative AI

‍The Sites and Site Content may offer or integrate certain artificial intelligence features, including Chatbots or other Generative AI(each as defined below and collectively, "AI Features"). Any AI Feature is considered part of the Site, and your use of an AI Feature is considered part of your use of the Site. Further, the Site, Site Content or AI Features may contain valuable subject matter protected by patent applications, or patents (collectively, the "YieldFX Patents and Inventions") These AI Features are subject to the following additional terms:
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- You acknowledge that the use of AI Features may result in information, responses, content, data, recommendations and other materials generated and/or provided for you and other users through AI Features(collectively, the "Output") that are inaccurate, incomplete or out-of-date or otherwise not fit for use (including from a legal and/or business perspective). AI Features may also misunderstand the content, including text, instruction, images or other materials, that you input (the "Input"). YieldFX assumes no responsibility and disclaims all warranties in the Outputs. Before using any Output, you should carefully review all Outputs (including pricing information) for accuracy and to ensure that such Output meets your needs.
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- Unless an associated disclosure states otherwise, the Output may be based on information available on the Site or provided by suppliers or other third parties (e.g. YieldFX service providers),customer reviews or other User Content, or other publicly available information, and third-party AI models. Any views or opinions expressed in the Output do not necessarily reflect those of YieldFX and should not be attributed to YieldFX. 

- AI Features may be subject to additional terms and conditions, including the terms and conditions of YieldFX’s third party service providers. YieldFX is not responsible for the functioning, availability, or accuracy of third-party services integrated into the Sites or the AI Features.  

- You will not use any AI Features:
o  To produce violent, abusive, or deceptive content or to otherwise cause harm.
o  For deceptive, misleading or unethical practices that are or might be detrimental to YieldFX or the general public.
o  To take any action that would otherwise constitute a violation of these Terms of Use. 

- You are responsible for any Input you submit and making sure that such Input is appropriate and permissible under these Terms of Use. You will ensure that any Input you provide does not infringe upon, misappropriate or violate any copyright, trademark, privacy, publicity, or other intellectual or proprietary right of any third party and that, unless specifically requested by YieldFX in connection with a particular AI Feature ,any Input does not include any confidential or proprietary data, personal information, or other similarly restricted data, content, or information. 

- Additionally, you understand and agree that Input to the AI Features may not be kept confidential, and any of your User Content (including but not limited to the Inputs), as well as your purchasing history from the Sites, your use of promotions as well as personal information, may be used to further enhance and improve the AI Features, the underlying model and the Sites as well as to generate Output. Inputs will be collected, used and retained by YieldFX in order to answer questions and inquiries from you as well as other users, to help improve how the AI Features operate, and for the other purposes described in our Privacy Policy. Though you have a right to use all Outputs generated by the AI Features, the Outputs are owned by YieldFX. 

- The AI Features are provided on an "as-is" basis. We make no warranties about their accuracy or that they will meet your expectations. 

- We will not be liable for your use or inability to use the AI Features, any inaccurate information generated by the AI Features, or any materials generated by the AI Features. 

"Chatbot" means an application feature or interface by which you are able to engage in voice or text communications that are intended to mimic human interactions and conversations, including through the use of Generative AI and third-party large language models.

"Generative AI" means artificial intelligence, including large language models made by us or third parties, capable of generating new text, images, or other media. 


Gift Cards

‍All gift cards offered for sale on the Site are self-issued by Milo network merchants and may only be redeemed at the issuing merchant. By purchasing a merchant gift card from the Site, or accepting a gift card from another user, you agree to these terms as well as any terms laid out by the merchant.  

YieldFX serves only as a reseller of merchant-issued gift cards and provider of the digital wallet where gift card balances are held and used.  

‍YieldFX does not hold any funds received from the sale of gift cards.  All funds received are forwarded to issuing merchants and YieldFX cannot issue any refunds or credits for gift card purchases.

‍Unused gift card balances do not expire and carry no maintenance or transaction fees. Balances can also be transferred to other users, in which case, the same terms apply.

All outstanding gift card balances are recorded as liabilities of the issuing merchants.  In case of closure, insolvency, or bankruptcy of an issuing merchant, outstanding gift card balances will be treated as unsecured debt.


‍Merchant Rewards Programs

‍The Site gives merchants the ability to setup and operate rewards programs for its customers.  YieldFX does not govern these rewards programs and the Site only serves as a wallet to store and redeem rewards points.  

Participation in these rewards programs is optional and require users to agree to program terms as laid out by the merchant.

Merchant rewards points have no cash value other than any redemption value defined by the issuing merchant.  
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Digital Coupons and Offers

‍You can opt-in to receive digital coupons and offers from network merchants. These coupons and offers do not have any cash value and can only be redeemed by the issuing merchant based on terms specified.   


Disputes with Merchants

‍In case you have a dispute with a merchant, YieldFX will try and facilitate a resolution but cannot offer any compensation or credits. YieldFX carefully selects the merchants on its network and may block a merchant if they are found to be in violation of any of its terms or policies. 


‍Links to Other Websites

‍The Site may contain links to third-party websites("Other Sites") that are not under YieldFX's control. YieldFX makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Site or link to the Site. YieldFX provides these links to you as a convenience and the inclusion of any link does not imply endorsement by YieldFX of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.  


Mobile Devices, SMS, and Mobile Applications

‍If you use a mobile device to access pages of the Site optimized for mobile-viewing, opt in to receive SMS (text messages) from YieldFX(as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Site via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

By opting in, you agree to receive promotional and personalized marketing text messages (e.g., SMS and MMS) on your mobile device from YieldFX, including text messages that may be sent using an automatic telephone dialing system, to the phone number you provided when signing up or any other phone number that you designate. These messages may be recurring or one-time messages.

Message frequency varies. YieldFX reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. YieldFX also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Our SMS text messaging programs may include:
- Purchase confirmations
- Gift notifications
- Authentication and verification texts
- Customer service interactions, message frequencyvaries
- Transfer notifications for gift cards, rewards points, digital coupons, and offers

Your consent is not required as a condition of purchasing any goods or services from YieldFX. You can opt out at any time and for any reason by following provided instructions or by texting "STOP" to the number associated with the SMS message. You will receive one further message confirming you are unsubscribed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that YieldFX and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from YieldFX through any other programs you have joined until you separately unsubscribe from those programs. If you wisht o join again, you can opt in at any time. If you have any questions or require further assistance, you may respond "HELP" to the number associated with the SMS message. For more information, please contact us by emailing support@milo.gift(please reference "Questions about SMS"). 

By agreeing to receive SMS messages from YieldFX, you certify that you are over 18 years of age and (a) you are the mobile accountholder or (b) you have the account holder's permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Please contact your participating mobile service provider for pricing plans, participation status and details. YieldFX, its service providers, and the mobile carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the location and nature of use and the type of mobile device on which you install and use the mobile application. 


‍Communications with YieldFX

‍For all communications made to or with YieldFX, including but not limited to feedback, questions, comments, suggestions and the like: (i)you will have no right to confidentiality in your communications and YieldFX will have no obligation to protect your communications from disclosure; (ii) YieldFX will be free to reproduce, use, disclose and distribute your communications toothers without limitation; and (iii) YieldFX will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. 


‍Indemnity

‍You agree to indemnify and hold YieldFX and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Site, including any User Content you submit, post to or transmit through the Site,(ii) your violation of these Terms of Use or (iii) your violation of any rights of another user. 


Disclaimer of Warranties

‍YieldFX intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “ASAVAILABLE”. You expressly agree that your use of the Site and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, YIELDFX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS,EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES ANDCONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESSFOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROMCOURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.


Limitation on Liability
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‍IN NO EVENT WILL YIELDFX OR ITS OFFICERS, MANAGERS, MEMBERS,EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRDPARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUTNOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHERPERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FORLOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITYTO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT,WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF YIELDFX HASBEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Site or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted bylaw. Regardless of the previous paragraphs, if YieldFX is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD$100. 

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUMUST PROVIDE NOTICE TO YIELDFX, PURSUANT TO THE PROCESS REFERENCED BELOW, OFANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED ANDTIME-BARRED.


Legal Disputes

‍ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTIONWAIVER; JURISDICTION AND VENUE.

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS ANARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOURCLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUALARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS,COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION(COLLECTIVELY, "CLASS ACTION") IN ARBITRATION OR LITIGATION.

THIS SECTION ALSO ADDRESSES THAT YOU AND YIELDFX ARE GIVINGUP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BYAPPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THELIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY ANARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATEREVIEW THAN IN COURT.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this arbitration provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys' fees from us to the same extent as you would be in court.

For purposes of this Section, the terms "YieldFX," "our," "we," or "us" include YieldFX Inc., its affiliates, as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to YieldFX or its present or future affiliates or subsidiaries.

a) Arbitration Agreement

YOU AND YIELDFX AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALLBE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISEPROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVEINDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALLCLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVEDOR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON ANINDIVIDUAL (NON-CLASS ACTION BASIS). ANY DISPUTE OVER WHETHER CLAIMS QUALIFYFOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRSTINSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

You and YieldFX agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.  Where otherwise applicable, the laws of the state of Delaware apply. Should any action proceed in court (other than in small claims court), we and you each irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts of the state of Delaware for the adjudication of all non-arbitral claims.

For purposes of this Section, "Dispute" shall include, but is not limited to, any claims or controversies between you and YieldFX that are related in any way to these Terms of Use, including, but not limited to, your use of the Site, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and YieldFX, whether occurring on the Site, in-store, or otherwise, even if the Dispute arises after the termination of your relationship with YieldFX. "Dispute" also includes, without limitation, claims that: (a) you bring against YieldFX; (b) YieldFX brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and YieldFX, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) are for mental or emotional distress or injury not arising out of physical bodily injury (e) arose before you entered into these Terms of Use or out of a prior agreement with YieldFX (including, without limitation, claims relating to advertising); (f) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or(g) arise after the termination of these Terms of Use.

"Dispute," however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and informal process described below.

The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide.

These Terms of Use and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law. 

b) Waiver of Jury Trial; Waiver of Class Actions. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU ANDYIELDFX WAIVE THE RIGHT TO A JURY TRIAL. YOU AND YIELDFX ALSO WAIVE ANY RIGHTTO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION INCOURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TOPARTICIPATE IN A CLASS-WIDE SETTLEMENT. 


‍Termination

‍Your ability to access and use the Site remains in effect until terminated in accordance with these Terms of Use. You agree that YieldFX, in its sole discretion, may terminate your account and your use of the Site and may remove and delete your User Content if YieldFX believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. YieldFX also may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be affected without prior notice and you acknowledge and agree that YieldFX may bar any further access to the Site. Further, you agree that YieldFX will not be liable to you or any third-party for any termination of access to the Site.

For instructions for deleting your account, please see the "Your Privacy Rights and Choices" section of our Privacy Policy.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.


Right to Access

‍YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Site, you affirm that you are over age 13. If you are under age 13, you may not access or use the Site.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TOYOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITE, YOU AGREE TO BE BOUND BYTHESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITE.


Outages

‍YieldFX periodically schedules system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that YieldFX has no responsibility and is not liable for: (a) the unavailability of any of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.


Jurisdictional Issues

‍The Site operated by YieldFX from its offices in Newark, Delaware, USA. The Site is intended for users who reside in the United States of America. YieldFX makes no representations or warranties that the Site or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Site outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. YieldFX reserves the right to limit the availability of the Site and/or the provision of any service, program or other product described there onto any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a)into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


General Information

‍No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and YieldFX with respect to use of the Site and supersede any prior agreements between you and YieldFX relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with YieldFX’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. YieldFX’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of YieldFX’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by YieldFX with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language. 


‍Violations

‍Please report any violations of these Terms of Use to policy@milo.gift. 


‍Questions?

‍If you have questions, comments or complaints about these Terms or the Sites, please contact us at support@milo.gift (please reference "Questions about the Sites").