Eagle1.in Terms of Service Agreement Eagle1.in is a service that allows golfers to publish their profile listing and participate in services offered by Eagle1.in. The services offered by Eagle1.in ("Eagle1.in" or "we") include the Eagle1.in website (the "Eagle1.in Website"), the Eagle1.in SMS service, the mobile website, and any other features, content, or applications offered from time to time by Eagle1.in in connection with the Eagle1.in Website (collectively, the "Eagle1.in Services"). The Eagle1.in Services are hosted in Canada. This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the Eagle1.in Services. By using the Eagle1.in Services, you agree to be bound by this Agreement. In addition, if you do not agree with it, you should leave the Eagle1.in Website and discontinue use of the Eagle1.in Services immediately. If you wish to become a Eagle1.in "User" (which means that you have registered with Eagle1.in and communicate with other Users and make use of the Eagle1.in Services), you must read this agreement and indicate your acceptance of its terms by checking the box labeled "I agree to Eagle1.in's Terms of Service." This Agreement includes Eagle1.in's policy for acceptable use of the Eagle1.in Services and Content posted on the Eagle1.in Website, your rights, obligations and restrictions regarding your use of the Eagle1.in Services and Eagle1.in's Privacy Policy. In order to participate in certain Eagle1.in Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Eagle1.in Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@Eagle1.in, Subject: Terms of Use Agreement. Eagle1.in may modify this Agreement from time to time and such modification shall be effective upon posting by Eagle1.in on the Eagle1.in Website. You agree to be bound to any changes to this Agreement when you use the Eagle1.in Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on Eagle1.in and that you provide to other Users. Your Eagle1.in profile may not include the following items: obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Eagle1.in Users (for instance, in their Eagle1.in Mobile Website) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Eagle1.in assumes no responsibility or liability for this material. If you become aware of misuse of the Eagle1.in Services by any person, pAccount contact Eagle1.in or click on the "Report Inappropriate Content" link at the bottom of any Eagle1.in page. Eagle1.in reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Eagle1.in Services at any time, for any or no reason, with or without prior notice, and without liability. Eligibility. Use of and Account in the Eagle1.in Services is void where prohibited. By using the Eagle1.in Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Eagle1.in Services does not violate any applicable law or regulation. Term. This Agreement shall remain in full force and effect while you use the Eagle1.in Services or are a User. You may terminate your Account at any time, for any reason, by following the instructions on the User's Account Settings page. Eagle1.in may terminate your Account at any time, without warning. Even after Account is terminated, this Agreement will remain in effect. Fees. You acknowledge that Eagle1.in reserves the right to change its fees from time to time in its discretion. If Eagle1.in terminates your Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Password. When you sign up to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, phone number, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Eagle1.in immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Proprietary Rights in Content on Eagle1.in. -Eagle1.in does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Eagle1.in Services. After posting your Content to the Eagle1.in Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Eagle1.in Services, you hereby grant to Eagle1.in a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Eagle1.in Services. -The license you grant to Eagle1.in is non-exclusive (meaning you are free to license your Content to anyone else in addition to Eagle1.in), fully-paid and royalty-free (meaning that Eagle1.in is not required to pay you for the use on the Eagle1.in Services of the Content that you post), sublicensable (so that Eagle1.in is able to use its affiliates and subcontractors such as telecommunication carriers and Internet content delivery networks to provide the Eagle1.in Services), and worldwide (because the telecommunication networks, Internet, and the Eagle1.in Services are global in reach). This license will terminate at the time you remove your Content from the Eagle1.in Services. The license does not grant Eagle1.in the right to sell your Content, nor does the license grant Eagle1.in the right to distribute your Content outside of the Eagle1.in Services. -You represent and warrant that: (i) you own the Content posted by you on or through the Eagle1.in Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Eagle1.in Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Eagle1.in Services. -The Eagle1.in Services contain Content of Eagle1.in ("Eagle1.in Content"). Eagle1.in Content is protected by copyright, trademark, patent, trade secret and other laws, and Eagle1.in owns and retains all rights in the Eagle1.in Content and the Eagle1.in Services. Eagle1.in hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Eagle1.in Content (excluding any software code) solely for your personal use in connection with viewing the Eagle1.in Website(s) and using the Eagle1.in Services. -The Eagle1.in Services contain Content of Users and other Eagle1.in licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Eagle1.in Services. Content Posted. -Eagle1.in may delete any Content that in the sole judgment of Eagle1.in violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Eagle1.in assumes no responsibility for monitoring the Eagle1.in Services for inappropriate Content or conduct. If at any time Eagle1.in chooses, in its sole discretion, to monitor the Eagle1.in Services, Eagle1.in nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. -You are solely responsible for the Content that you post on or through any of the Eagle1.in Services, and any material or information that you transmit to other Users and for your interactions with other Users. Eagle1.in does not endorse and has no control over the Content. Content is not necessarily reviewed by Eagle1.in prior to posting and does not necessarily reflect the opinions or policies of Eagle1.in. Eagle1.in makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Eagle1.in Services. Eagle1.in reserves the right to investigate and take appropriate legal action against anyone who, in Eagle1.in's sole discretion, violates this provision, including without limitation, removing the offending communication from the Eagle1.in Services and terminating the Account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Eagle1.in: -is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; -harasses or advocates harassment of another person; -exploits people in a sexual or violent manner; -contains violence, or offensive subject matter or contains a link to an adult website; -solicits personal information from anyone under 18; -promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; -promotes an illegal or unauthorized copy of another person's copyrighted work, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; -involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, unsolicited text messaging, instant messaging, "spimming," or "spamming"; -contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); -furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; -solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; -includes a photograph of another person that you have posted without that person's consent; or The following is a partial list of the kind of activity that is illegal or prohibited on the Eagle1.in Website and through your use of the Eagle1.in Services. Eagle1.in reserves the right to investigate and take appropriate legal action against anyone who, in Eagle1.in's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: -criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; -advertising to, or solicitation of, any User to buy or sell any products or services through the Eagle1.in Services. You may not transmit any unsolicited text messages, chain letters, or junk email to other Users. It is also a violation of these rules to use any information obtained from the Eagle1.in Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Eagle1.in reserves the right to restrict the number of text messages and/or emails which a User may send to other Users in any 24-hour period to a number which Eagle1.in deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk text messages, email, or other unsolicited communications of any kind through the Eagle1.in Services, you acknowledge that you will have caused substantial harm to Eagle1.in, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Eagle1.in $50 for each such unsolicited text message, email or other unsolicited communication you send through the Eagle1.in Services; -covering or obscuring the banner advertisements on your personal profile page, or any Eagle1.in page via HTML/CSS or any other means; -any automated use of the system, such as using scripts to add friends or send comments or messages; -interfering with, disrupting, or creating an undue burden on the Eagle1.in Services or the networks or services connected to the Eagle1.in Services; -attempting to impersonate another User or person; -using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account; -selling or otherwise transferring your mobile websites; -using any information obtained from the Eagle1.in Services in order to harass, abuse, or harm another person; -displaying an advertisement on your mobile websites, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Eagle1.in Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or -using the Eagle1.in Services in a manner inconsistent with any and all applicable laws and regulations. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Eagle1.in to terminate Account privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Eagle1.in by the copyright owner or the copyright owner's legal agent. User Disputes. You are solely responsible for your interactions with other Eagle1.in Users. Eagle1.in reserves the right, but has no obligation, to monitor disputes between you and other Users. Privacy. Use of the Eagle1.in Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers. Eagle1.in is not responsible for any incorrect or inaccurate Content posted on the Eagle1.in Website or in connection with the Eagle1.in Services, whether caused by Users of the Eagle1.in Services or by any of the equipment or programming associated with or utilized in the Eagle1.in Services. Profiles created and posted by Users on the Eagle1.in Website may contain links to other websites. Eagle1.in is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Eagle1.in. Inclusion of any linked website on the Eagle1.in Services does not imply approval or endorsement of the linked website by Eagle1.in. When you access these third-party sites, you do so at your own risk. Eagle1.in takes no responsibility for third party advertisements which are posted on this Eagle1.in Website or through the Eagle1.in Services, nor does it take any responsibility for the goods or services provided by its advertisers. Eagle1.in is not responsible for the conduct, whether online or offline, of any User of the Eagle1.in Services. Eagle1.in assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. Eagle1.in is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Eagle1.in Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Eagle1.in Services. Under no circumstances shall Eagle1.in be responsible for any loss or damage, including personal injury or death, resulting from use of the Eagle1.in Services, attendance at a Eagle1.in event, from any Content posted on or through the Eagle1.in Services, or from the conduct of any Users of the Eagle1.in Services, whether online or offline. The Eagle1.in Services are provided "AS-IS" and as available and Eagle1.in expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Eagle1.in cannot guarantee and does not promise any specific results from use of the Eagle1.in Services. Limitation on Liability. IN NO EVENT SHALL Eagle1.in BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Eagle1.in HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Eagle1.in'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Eagle1.in FOR THE Eagle1.in SERVICES DURING THE TERM OF ACCOUNT. Disputes. If there is any dispute about or involving the Eagle1.in Services, you agree that the dispute shall be governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the provincial and federal courts of the Canada located in the Province of British Columbia. Either Eagle1.in or you may demand that any dispute between Eagle1.in and you about or involving the Eagle1.in Services must be resolved by binding arbitration in accordance with the laws of the Province of British Columbia and the then current Rules of Procedure for Commercial Arbitration of the ADR Institute of Canada, Inc. (www.amic.org) ("Institute")., provided that the foregoing shall not prevent Eagle1.in from seeking injunctive relief in a court of competent jurisdiction. Indemnity. You agree to indemnify and hold Eagle1.in, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Eagle1.in Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Eagle1.in Website or through the Eagle1.in Services causes Eagle1.in to be liable to another. Other. This Agreement is accepted upon your use of the Eagle1.in Website or any of the Eagle1.in Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Eagle1.in regarding the use of the Eagle1.in Services. The failure of Eagle1.in to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Eagle1.in is a trademark of Eagle1.in. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: info@Eagle1.in with any questions regarding this Agreement.