Terms of Service — Miles Management Resident Portal

These Terms of Service (these "Terms") are a binding agreement between you and Miles Management Corp, an Illinois corporation with its principal place of business in Chicago, Illinois ("Miles Management," "we," "us," or "our") governing your use of the Miles Management resident payment portal and related services (the "Portal"). By creating an account, checking the acceptance box, or using the Portal, you agree to these Terms and to our Privacy Policy.

1. Eligibility; Accounts by Invitation

The Portal is available only to tenants, authorized occupants, and approved co-payers of properties managed by Miles Management who have received an invitation from Miles Management or from a tenant authorized to invite a co-payer. You must be at least 18 years old. We may decline, suspend, or revoke Portal access for anyone who is not, or ceases to be, an eligible user.

2. Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately if you believe your account has been accessed without authorization. You agree to keep your email address and other contact information current, since we deliver payment, lease, and legal notices to the contact information on file.

3. Acceptable Use

You agree not to:

• access or attempt to access another user’s account, records, or documents;
• use the Portal to violate any law or the terms of your lease;
• interfere with or disrupt the Portal, probe or scan its security, or attempt to bypass access controls;
• upload malicious code or content you do not have the right to submit;
• use automated means to scrape or bulk-download Portal content; or
• misrepresent your identity, or sign a document on behalf of another person without legal authority to do so.

4. Payments and ACH Debits

The Portal allows you to pay rent and other lease-related charges by ACH bank debit at no service fee to you. Payments are initiated only pursuant to the ACH Authorization Agreement you accept when you link your bank account and the payment schedules or one-time payments you configure. You may pause, edit, or cancel a payment schedule, and may cancel an individual payment before it is initiated, from your dashboard.

Failed and returned payments: if a payment fails or is returned (for example, for insufficient funds or a closed account), we will notify you by email. Unless you or we have disabled retries, a failed payment is automatically retried once, approximately three (3) business days after the failure (the exact retry policy in effect is shown in the notice we send you). A payment returned after settlement is reversed on your ledger and is not automatically retried. You remain responsible for the underlying rent or charge, and your bank may charge you its own fees.

Late fees and other lease charges are governed by your lease, not by these Terms. Any late fee shown in the Portal is assessed under, and subject to the limits in, your lease and applicable law.

ACH transfers take several business days to complete. A payment shown as "processing" has been initiated but not yet settled. Making a payment through the Portal does not by itself cure a default under your lease until the payment settles.

5. The Portal Is a Convenience; Your Lease Controls

The Portal is provided as a convenience for making payments, viewing your ledger, submitting maintenance requests, and receiving and signing documents. The Portal does not amend your lease. If there is any conflict between information displayed in the Portal and your lease (or a signed amendment to it), the lease controls. Balances and ledgers shown in the Portal are maintained in good faith but are subject to correction for error.

6. Electronic Documents and Signatures

The Portal permits Miles Management to deliver documents to you electronically and to request your electronic signature. Electronic signatures made through the Portal are intended to be valid and enforceable under the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and the Illinois Uniform Electronic Transactions Act (UETA). Your use of electronic signatures is subject to the E-Sign Consent Disclosure, which you must accept before signing electronically and may withdraw as described there.

7. Intellectual Property

The Portal, including its software, design, and content (other than your own documents and submissions), is owned by Miles Management or its licensors. We grant you a limited, revocable, non-transferable license to use the Portal for its intended purpose during your tenancy.

8. Disclaimers

THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILES MANAGEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NOTHING IN THIS SECTION LIMITS ANY NON-WAIVABLE RIGHT YOU HAVE UNDER YOUR LEASE OR APPLICABLE LANDLORD-TENANT LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) MILES MANAGEMENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING OUT OF OR RELATING TO THE PORTAL; AND (B) MILES MANAGEMENT’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PORTAL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT OF PORTAL SERVICE FEES YOU PAID TO US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE (WHICH, BECAUSE THE PORTAL IS FREE TO USE, MAY BE ZERO). THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, DOES NOT APPLY TO A PARTY’S FRAUD OR WILLFUL MISCONDUCT, AND DOES NOT MODIFY THE PARTIES’ RIGHTS AND OBLIGATIONS UNDER THE LEASE ITSELF.

10. Modification, Suspension, and Termination

We may modify these Terms from time to time. When we make a material change, we will post the updated Terms in the Portal, update the effective date, and require you to accept the updated Terms before continuing to use the Portal. We may modify, suspend, or discontinue any part of the Portal at any time, and may suspend or terminate your Portal access for violation of these Terms, for security reasons, or when your tenancy ends. Termination of Portal access does not terminate your lease or excuse rent obligations; alternative payment methods remain available as provided in your lease. Sections 5, 8, 9, and 11 survive termination.

11. Governing Law and Venue

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to these Terms or the Portal is the state or federal courts located in Cook County, Illinois, and the parties consent to personal jurisdiction there. This section does not change any venue or jurisdiction provision of your lease with respect to disputes under the lease itself.

12. Miscellaneous

These Terms, the Privacy Policy, the ACH Authorization Agreement, and the E-Sign Consent Disclosure are the entire agreement between you and Miles Management regarding the Portal. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a transfer of our business or the property you occupy. Questions about these Terms may be sent to legal@milesmgt.com or Miles Management Corp, Attn: Legal, [Street Address], Chicago, Illinois [ZIP].