Terms of Service
This Agreement was last revised on December 13, 2023, and was first made effective on December 13, 2023.
Welcome to EAGL, a golf cart rental web site and online service provided by .EAGL Technologies AS("EAGL®", "we," or "us"). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in EAGL services. EAGL services include our web site, web widgets, feeds, mobile device software applications (the "EAGL Software"), applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by EAGL (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT EAGL IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PLAYERS AND CLUB, NOR IS EAGL A TRANSPORTATION SERVICE, AGENT, OR INSURER. EAGL HAS NO CONTROL OVER THE CONDUCT OF PLAYERS OR CLUB AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement, we will update the last modified date at the top of this page. If there are material changes to this Agreement, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Use of Our Service
Eligibility
This Service is intended solely for licensed drivers sixteen(16) years of age or older, or the minimum age required in the country/region/state where the Service is intended to be used (whichever age is higher), and any registration, use, or access to the Service by anyone under the required minimum age is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by EAGL, unless EAGL has given you written notice of reinstatement. All users must pass the eligibility requirements set by the provider of the vehicles and must provide all necessary and complete documentation for determining eligibility throughout your use of the Service, as may be determined and requested by EAGL in its sole discretion. You acknowledge and agree that EAGL may change its Eligibility Requirements at any time and for any reason.
Finn Scooters
When using EAGL Services to book and ride Finn Scooters, you give us permission to disclose information you provide in the application to Finn Scooters®. You also accept Finn Scooters® Terms or Service, given in https://www.finnscooters.com/terms.
EAGL Accounts
Parts of our Service requires that you open a user account (“Account”).
As used in this Agreement, “Club” shall mean any User that establishes a “Club” Account and submits one more several vehicles that meets all of the eligibility requirements set forth in this Agreement and theEligibility Requirements incorporated herein by reference, to be shared through or via the Service.
As used in this Agreement, “Player” shall mean any User that establishes a “Player” Account, which would allow such User to reserve a vehicle through or via the Service.
By applying for a Player or Club Account, you give us permission to disclose the information you provide on your application to third parties for verification purposes and to obtain additional information about you. EAGL may accept or reject Player or Club Account applications, in our sole discretion, for any reason. If you are accepted for a Player and/or Club Account, you acknowledge and agree to abide by this Agreement and the Vehicle Eligibility Requirements which are applicable to your particular type of Account.
Users with a Player or Club Account are collectively referred to in this Agreement as "Members." Your Member Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Player reserves a vehicle from a Club via the Service is referred to in this Agreement as a "Reservation."
Unless you are creating a Business Account, you acknowledge and agree as follows:
Your Member Account is for your personal use only.
You may not use another Member's Account, permit anyone else to use your Member Account, or assign or otherwise transfer your Member Account to any other person or entity.
When applying for and creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify EAGL immediately of any breach of security or unauthorized use of your Account. EAGL will not be liable for any losses caused by any unauthorized use of your Account.
You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing EAGL your email address, you consent to our using of the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing EAGL your cell phone number, you consent to our using of the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. BY SIGNING UP FOR AN ACCOUNT ON EAGL AND PROVIDING YOUR PHONE NUMBER, YOU AGREE TO RECEIVE TEXT MESSAGES FROM US. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences on your Settings page. Opting out may prevent you from receiving important messages regarding updates, improvements, or offers.
Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots, "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the EAGL servers than a human can reasonably produce in the same period of time using a conventional online web browser, except that EAGL grants the operators of public search engines revocable permission to use spiders to copy materials from eagl.app for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including Account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict the use or copying of any content, or enforce limitations on use of the Service or the content therein.
EAGL may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if, in EAGL’s sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. All aspects of the Service are subject to change or elimination at EAGL’s sole discretion. EAGL reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that EAGL will not be liable to you for any interruption of the Service, delay, or failure to perform.
While using the Service, you may receive information disclosed by us that would, under the circumstances of such disclosure, appear to a reasonable person to be confidential or proprietary ("Confidential Information"). You may not use any of our Confidential Information for your own use or for any purpose other than to carry out discussions concerning, and the undertaking of, your use of and participation in the Service (the "Relationship"). You shall not disclose or permit disclosure of any Confidential Information to third parties or to your employees (if any), other than your directors, officers, employees, and consultants who are required to have the information in order to carry out the discussions regarding the Relationship. You shall take reasonable measures to protect the secrecy of and avoid disclosure or use of our Confidential Information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. Such measures shall include the degree of care that you use to protect your own confidential information of a similar nature. You shall immediately notify us of any misuse, misappropriation or unauthorized disclosure of our Confidential Information that may come to Recipient’s attention.
Other Users; No Endorsement
While we may take actions to verify User identities and descriptions and information regarding vehicles available via the Service, EAGL does not endorse any Users or their background, any User Content, vehicle, or Reservations. You are solely responsible for your interactions with other EAGL Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. EAGL shall have no liability for your interactions with other Users, or for any Users’ action or inaction, with respect to Reservations or the Service. You acknowledge that EAGL does not offer transportation services. Instead, the Service allows Players and Clubs to transact Reservations directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, availability, safety, truth, or accuracy of Reservations, User Content, or other services or transactions available via the Service.
By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to the particular User or third party that causes you harm, and you agree not to attempt to impose liability on or seek any legal remedy from EAGL with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE RESERVATIONS. EAGL CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RESERVATION, THE CONDITIONS OF ANY VEHICLES PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. EAGL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RESERVATIONS AND USER CONTENT. ACCORDINGLY, ANY RESERVATIONS MADE BY A PLAYER AND/OR PLAYER WILL BE MADE AT THE USER, PLAYER, AND/OR CLUB’S OWN RISK.
User Content License Grant
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to EAGL a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with EAGL’s (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under this Agreement.
End User Licenses
EAGL Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only. EAGL reserves all rights not expressly granted herein in the Service and the EAGL Content (as defined below). EAGL may terminate this license at any time for any reason or no reason.
EAGL Software
To use the EAGL Software you must have a mobile device that is compatible with the EAGL Service. EAGL does not warrant that the EAGL Software and/or EAGL Service will be compatible with your mobile device.
License Grant
EAGL hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the EAGL Software for one EAGL Member Account on one mobile device owned or leased solely by you, for your personal use.
Restrictions
You may not: (i) modify, disassemble, decompile, or reverse engineer the EAGL Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the EAGL Software to any third party or use the EAGL Software to provide time sharing or similar services for any third party; (iii) make any copies of the EAGL Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the EAGL Software, features that prevent or restrict use or copying of any content accessible through the EAGL Software, or features that enforce limitations on use of the EAGL Software; or (v) delete the copyright and other proprietary rights notices on the EAGL Software.
Software Upgrades
You acknowledge that EAGL may from time to time issue upgraded versions of the EAGL Software and may automatically electronically upgrade the version of the EAGL Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and your continued use of the EAGL Software or Service constitutes your agreement to the terms and conditions of this Agreement will apply to all such upgrades.
Third-Party Code
Any third-party code that may be incorporated in the EAGL Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
Rights Reserved
The foregoing license grant is not a sale of the EAGL Software or any copy thereof, and EAGL or its third party partners or suppliers retain all right, title, and interest in the EAGL Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. EAGL reserves all rights not expressly granted under this Agreement.
Export Control
The EAGL Software originates in Norway and is subject to Norwegian export laws and regulations. The EAGL Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Norway. In addition, the EAGL Software may be subject to the import and export laws of other countries. You agree to comply with all Norwegian and foreign laws related to use of the EAGL Software and the EAGL Service.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "EAGL Content"), and all Intellectual Property Rights related thereto, are the exclusive property of EAGL and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Service. Use of the EAGL Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place EAGL under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, EAGL does not waive any rights to use similar or related ideas previously known to EAGL, or developed by its employees, or obtained from sources other than you.
Privacy
We care about the privacy of our Users. Our privacy policy outlines how we use and safeguard your information. You understand that by using the Service, you are consenting to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in Norway.
Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by EAGL. EAGL does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. EAGL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and EAGL’s Privacy Policy do not apply to your use of such sites. You expressly relieve EAGL from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that EAGL shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or services that you visit.
Indemnity
You agree to defend, indemnify, and hold harmless EAGL and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule, or regulation of Norway or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
If a claim is brought against us that is subject to indemnification by you, we will notify you in writing of such claim, allow you to defend or settle the claim with legal counsel reasonably acceptable to us, and provide you with reasonable cooperation (at your expense) in your defense or settlement of the claim. We will have the right, at our option and expense, to participate in the defense or settlement of any claim, either directly or through counsel of our choosing. You will not have the right to settle any claim without our prior written consent, which consent will not be unreasonably withheld.
No Warranty
IF YOU CHOOSE TO USE THE SERVICE AND/OR PARTICIPATE IN A RESERVATION, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT EAGL MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO PLAYERS AND CLUBS. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EAGL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EAGL, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE EAGL CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE OR ANY RESERVATION WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO GUESTS OR HOSTS. YOU UNDERSTAND THAT EAGL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND EAGL IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE.
EAGL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EAGL SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EAGL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14 (INSURANCE), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EAGL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RESERVATION. UNDER NO CIRCUMSTANCES WILL EAGL BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EAGL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL EAGL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY EAGL TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EAGL AND YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EAGL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EAGL without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
General
Termination
You may terminate your participation in the Service at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
Governing Law
You agree that: (i) the Service shall be deemed solely based in Norway; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over EAGL, either specific or general, in jurisdictions other than Norway. This Agreement shall be governed by the internal substantive laws of Norway, without respect to its conflict of laws principles. You agree to submit to Oslo Tingrett, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Entire Agreement/Severability
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by EAGL via the Service, shall constitute the entire agreement between you and EAGL concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EAGL's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Claims
You and EAGL agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.