Terms and conditions

Last revised: 13.04.2023

PLEASE READ THESE UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

These Universal Terms of Service Agreement (this "Agreement") are entered into between XtraMile and you, and is effective as of the date you access this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through the Site (individually and collectively, the "Services"). Service agreements and additional policies are in addition to (not in lieu of) any specific terms and conditions applicable to the Services. If there is any conflict between the provisions of this Agreement and the provisions of the Service Agreement, the provisions of the Service Agreement shall prevail.

The terms "we", "us" or "our" shall refer to XtraMile. The terms "you", "your(s)", "user" or "customer" shall refer to any individual or entity that accepts this Agreement, accesses your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

2. MODIFICATION OF AGREEMENT, WEBSITE OR SERVICES

XtraMile may at any time, in its sole and absolute discretion, modify this Agreement and any policies or agreements incorporated herein, and such modifications shall be effective immediately upon posting on this Site. Your use of this Site or the Services after such changes or modifications are made shall be deemed your acceptance of this Agreement as last revised. If you disagree to be bound by this Agreement as last revised, you must not use (or continue to use) this Site or the Services. XtraMile may also occasionally notify you of changes to this Agreement by email. It is therefore, important that you keep your shopping account ("Account") up to date. XtraMile assumes no responsibility for your failure to receive an email notification if the failure is due to an incorrect email address. In addition, XtraMile may terminate your use of the Services if you breach any of the terms of this Agreement. XTRAMILE RESERVES THE RIGHT TO MODIFY, CHANGE OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES AT ANY TIME, INCLUDING, WITHOUT LIMITATION, THE PRICES AND FEES THEREOF.

3. ELIGIBILITY AND AUTHORITY

This Site and the Services are available only to individuals or entities ("Users") who can form legally binding contracts under applicable laws. By using this Site or the Services, you represent and warrant that you (i) are at least eighteen (18) years of age, (ii) are otherwise recognized as being capable of entering into legally binding contracts under applicable law, and (iii) are not barred from purchasing or receiving the Services under the laws of Norway or any other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms of this Agreement, in which case the terms "you", "your", "user" and "customer" are used to refer to such corporate entity. If, after your electronic acceptance of the Agreement, XtraMile determines that you do not have the legal authority to bind such corporate entity, you will be personally liable for the obligations of this Agreement, in addition to, but not limited to, the payment obligations. XtraMile shall not be liable for any loss or damage resulting from XtraMile's reliance on instructions, messages, documents or other communications that XtraMile reasonably believed to be true and that originated from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of such instructions, messages, documents or other communications, XtraMile reserves the right (but does not assume the obligation) to request additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered by you, anyone acting as your agent, and anyone using your account or the Services, whether authorized by you.

4. YOUR ACCOUNT

You must create an account to access any of the features of this Site or use any of the Services. You represent and warrant to XtraMile that all information you submit when you create your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If XtraMile has reason to believe that your account information is untrue, inaccurate, expired or incomplete, XtraMile reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether or not authorized by you. You must keep your account information in a secure manner, including, without limitation, your customer number/login information, password, Payment Method(s) (as defined below). You must immediately notify XtraMile of any breach of security or unauthorized use of your account. XtraMile shall not be liable for any loss incurred as a result of any unauthorized use of your account. However, you may be held liable for all losses incurred by XtraMile or otherwise arising out of your account, whether caused by you, or by an authorized person, or by an unauthorized person.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

Your use of the Site and Services, including any Content you submit, shall be in compliance with this Agreement, any applicable service agreements or policies applicable to your Services and all applicable local, state, national and international laws and regulations.
You will not collect or harvest (or allow anyone else to collect or harvest) User Content (as defined below) or non-public or personally identifiable information about other users or other persons without their prior written permission.
You shall not use the Services in a manner (as determined by XtraMile in its sole and absolute discretion) that:
is illegal, promotes or encourages illegal activity;
promotes, fosters or engages in the exploitation of children, or any activity related to the dissemination of child sexual abuse material (CSAM);
promotes, facilitates or engages in terrorism, violence against people, animals or property;
promotes, facilitates or engages in spamming or other unsolicited mass e-mailing or hacking or cracking of networks or computers;
violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, facilitates or participates in the sale or distribution of prescription drugs without a valid prescription;
violates the Fight Online Sex Trafficking Act of 2017 or similar legislation or promotes or facilitates prostitution and/or human trafficking;
infringes the intellectual property rights of any person or entity;
violates the publicity or privacy rights of another user or entity, or violates any duty of confidentiality owed by you to another person or entity;
interferes with the operation of the Services;
contains or installs viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, interfering with, damaging or limiting the functionality of any software or hardware; or
contains false or misleading language, or unsubstantiated or relative claims regarding XtraMile or XtraMile's Services.
You will not engage in any false, abusive or fraudulent activity. You will not take any action that imposes, or in our opinion may impose, an unreasonable or disproportionately large load on our infrastructure;
You shall not copy or distribute any part of this Site or the Services in any medium, except where expressly authorized by XtraMile.
You shall not modify or alter any part of this Site or the Services on this Site or any of the related technologies.
You shall not access XtraMile Content (as defined below) or User Content through any technology or method other than through this Site or as determined by XtraMile.
You agree to back up all of your User Content so that you can access and use it as needed. XtraMile does not guarantee to back up accounts or User Content, and you agree to accept the risk of losing all of your User Content.
You shall not resell or offer the Services for any commercial purpose, including any of XtraMile's related technologies, without the express prior consent of XtraMile.
You will not circumvent, disable or otherwise tamper with the security-related features of this Site or the Services contained on this Site (including, without limitation, those features that prevent or restrict use or copying of XtraMile Content or User Content), or restrict use of the Site or the Services on this Site, XtraMile Content or User Content contained therein.
You agree to provide government-issued photo identification and/or government-issued business ID as required to verify identity when requested.
You understand that XtraMile may call you from time to time regarding your account and that, with respect to any and all such calls, you have no reasonable expectation of privacy during these calls; indeed, you hereby agree to allow, solely at your sole discretion, such calls to be recorded in their entirety, regardless of whether XtraMile asks you for consent to record such call on a particular occasion. You further acknowledge and agree, to the extent permitted by law, that all such recordings may be introduced as evidence in any action in which XtraMile is a party. By providing your telephone or cell phone number, you consent to receive marketing-related telephone calls from or on behalf of XtraMile. These calls may come from an automatic dialing system and/or use an artificial or prerecorded voice. You understand that providing consent does not mean that you agree to purchase a product or service from XtraMile. By providing your mobile number, you agree to receive promotional text messages from or on behalf of XtraMile and that these may be sent to you by an automated telephone system. You understand that providing consent does not mean that you agree to purchase a product or service from XtraMile. You may have to pay to receive messages and data.
Without limiting any of the rights set forth elsewhere in this Agreement, XtraMile reserves the right to refuse, cancel, terminate, suspend or restrict future access to this Site and any Service (including, but not limited to, the right to cancel or transfer domain name registrations) to a User (i) whose account or Services were previously terminated or suspended, whether due to a breach of this or any other Agreement or XtraMile policy, or (ii) who is or has otherwise engaged in inappropriate or illegal activity while using the Site or Services (as determined by XtraMile in its sole discretion).
If your purchase or account activity shows signs of fraud, abuse or suspicious activity, XtraMile may cancel all services associated with your name, email address or account and terminate all associated XtraMile accounts. If XtraMile, in its sole discretion, determines that an activity is fraudulent, XtraMile reserves the right to bring legal action, if any, and you may be liable to XtraMile for financial losses, including costs and damages in connection with any legal action. If you wish to object to the termination of a service or the freezing or closing of an account, don't hesitate to get in touch with XtraMile customer support.

6. PROTECTION OF YOUR DATA

XtraMile provides certain hosted services available to you that may involve the processing of personal data about you and your customers and/or web users ("Your Data") in the course of your use of those services ("Covered Services"). For the purposes of this section, Your Data excludes User Content. The XtraMile Data Processing Addendum ("DPA"), which is hereby incorporated by reference and which applies to Covered Services, is intended to provide you with contractual assurance that we have robust mechanisms in place to ensure that the processing of Your Data, including the transfer of Your Data from the EEA to a third country, complies with applicable data protection laws.

For the purposes of the DPA and standard contractual clauses attached to the DPA (when and where applicable), you (and the relevant affiliates) will be considered the data controller/data exporter and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acceptance of and agreement to the DPA and its attachments (including the standard contractual clauses and their attachments, where applicable). If you wish to print, sign and submit a paper copy of the DPA, please send a request by email to legal@xtramile.no.

7. USER CONTENT

Some features of this Site or Services hosted by XtraMile may enable users to view, post, publish, share, store or manage (a) ideas, opinions, recommendations or advice through forum postings, content posted in connection with a contest, product reviews or recommendations, or images to be part of a social media event or activity ("User Posts") or (b) literary, artistic, musical or other content, including but not limited to images and video (together with User Posts, "User Content"). User Content includes all content submitted through your account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to XtraMile that (i) you have all necessary rights to distribute User Content through this Site or through the Services, either because you are the author of the User Content and have the right to distribute it, or because you have proper written distribution rights, licenses, consents and/or permissions to use from the creator or other owner of the User Content, and (ii) the User Content does not infringe the rights of any third party. You shall be solely responsible for all of your User Content or User Content submitted through your account and the consequences of and requirements for distribution of that content.

8. AVAILABILITY OF SITE/SERVICES

Subject to the terms of this Agreement and our other policies and procedures, we shall use commercially reasonable means to attempt to provide this Site and the Services herein twenty-four (24) hours a day, seven (7) days a week. You acknowledge and agree that this website may be unavailable or unusable from time to time including, but not limited to, equipment failure, periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or which cannot reasonably be foreseen, including, but not limited to, interruption or failure of telecommunications or digital transmission links, aggressive network attacks, network traffic or other failures. You acknowledge and agree that we have no control over the availability of this Site or Service on a continuous or uninterrupted basis and that we have no liability to you or any other party with respect thereto.

9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

XtraMile does not generally pre-filter User Content (whether posted on a site hosted by XtraMile or on this Site). However, XtraMile reserves the right (but assumes no obligation) to determines whether any element of the User Content is appropriate and/or conforms to this Agreement. XtraMile may remove any item of User Content (whether posted to a site hosted by XtraMile or published on this Site) and/or terminate a User's access to this Site or the Services on this Site for posting or posting material that violates the Agreement , or for any other breach of the agreement (as determined by XtraMile at its sole and absolute discretion), at any time and without prior notice. XtraMile may also terminate a User's access to this Site or the Services on this Site if XtraMile has reason to believe that the User is a repeat infringer. If XtraMile terminates your access to this site or the services contained herein, XtraMile may, in its sole discretion, remove and destroy data and files stored by you on its servers.

10. OBSOLETE SERVICES, END OF LIFE POLICY

XtraMile reserves the right to discontinue providing (i) the Services or (ii) individual features, functionality or aspects of the Services at any time, without reason and without prior notice. Although XtraMile makes great efforts to maximize the lifetime of all the Services and the features, functionalities and aspects of the Service, it may happen that a Service or specific feature, functionality or aspect of the Service that we offer is discontinued or reaches the end of its EOL (End-of-Life; the end of the life cycle). If so, that Service or the specific feature, functionality or aspect of that Service will no longer be supported by XtraMile, in any way, as of the EOL Date.

Notice and transfer. If services we provide reach or will reach EOL, we will notify you thirty days or more before the EOL date. It is your responsibility to take the necessary steps to replace the Service by moving to a new Service prior to the EOL Date, or by discontinuing use of the Service prior to the EOL Date. In any event, XtraMile will either offer a similar service to which you may transfer until the end of the purchase period, an equivalent store credit or an equivalent refund, at XtraMile's sole discretion. XtraMile may, with or without notice, migrate you to the most up-to-date version of the Service, if available. You agree to assume full responsibility for any and all losses and damages arising from such transfer. If any feature, functionality or aspect of any Service we offer reaches or will reach EOL, we will notify you thirty days or more prior to the EOL date. However, if the Service maintains at least reasonably equivalent functionality without such feature, functionality or aspect, as determined by XtraMile in its sole discretion, XtraMile will not be required to provide a similar feature or functionality for the Service or a refund.

No responsibility. XtraMile shall not be liable to you or any third party for the modification, suspension or discontinuance of any of (ii) the Services or (ii) the individual features, functionalities or aspects of the Services that we offer or provide access to.

11. BETA SERVICES

XtraMile may from time to time offer new services (limited preview services or new features for existing services) in a pre-launch version. New services, new functions in existing services or limited preview services shall be individually and collectively referred to as "beta services". If you choose to use any Beta Services, your use of the Beta Services is subject to the following terms: (i) You accept and agree that the Beta Services are preliminary versions and may not function properly. (ii) You accept and agree that your use of the Beta Services may expose you to unusual risks of operational failure. (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission-critical environments. (iv)

XtraMile reserves the right to modify, change or terminate any aspect of the Beta Services at any time. (v) Commercially released versions of the Beta Services may change significantly, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent versions. (vi) XtraMile may limit the availability of customer support for the Beta Services. (vii) You accept and agree to provide prompt feedback regarding your experience with the Beta Services in a format requested by us, including information necessary for us to reproduce any errors or problems you may experience. (viii) You acknowledge and agree that XtraMile may track your browsing behavior, links clicked, items purchased, typing and to collect various data, including analytics, about how you use and interact with the Beta Services. (ix) You acknowledge and agree that all information about your use of the Beta Services, including your experience with and opinions about the Beta Services, is confidential and shall not be disclosed to any third party or used for any purpose other than providing feedback to XtraMile. (x) The Beta Services are provided "as is", "as available" and "with all faults".

You agree that we may use your feedback for any purpose, including product development. At our request, you must provide us with comments that we can use publicly for press material and marketing purposes. All intellectual property contained in your Feedback or arising from your use of the Beta Services shall be owned exclusively by XtraMile. XtraMile disclaims all statutory, express or implied warranties regarding the Beta Services to the fullest extent permitted by law, including, but not limited to, all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

12. ADDITIONAL DISCLAIMER OF RIGHTS

XtraMile expressly reserves the right to refuse, cancel, terminate, suspend, lock or change access to (or control of) any Account or Services for any reason (as determined by XtraMile in its sole discretion), including but not limited to without limitation, the following: (i) to correct errors made by XtraMile in offering or delivering Services, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and applicable local, state, national and international laws, rules and regulations, (v) to comply with law enforcement requests, including written subpoenas, (vi) to comply with any dispute resolution processes, (vii) to defend any legal action or threat of legal action, regardless of whether such legal action or threat of legal action is ultimately determined to be groundless, (viii) to avoid civil or criminal liability on behalf of XtraMile, the company's management, directors, employees and agents, as well as XtraMile's affiliates, including, but not limited to, instances where you have sued or threatened to sue XtraMile, or (ix) to respond to an excessive volume of complaints however related to your account, or content on your website that may result in harm on XtraMile's business, operations, reputation or shareholders.

XtraMile expressly reserves the right to terminate, without notice, all of the Services that, in XtraMile's sole discretion, you use to harass or threaten XtraMile and/or any of XtraMile's employees.

XtraMile Content. Except for the User Content, the content of this Site and Services, including, but not limited to, the text, software, scripts, source code, API, graphics, photographs, audio, music, videos and interactive features and trademarks, service marks and logos ("XtraMile -content"), owned by or licensed to XtraMile for an indefinite period and subject to copyright, trademark and/or patent protection in Norway and other countries as well as other intellectual property rights according to the laws of Norway and other countries. The XtraMile Content is provided "as is", "as available" and "with all faults" for information and for personal, non-commercial use and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold , licensed or otherwise exploited for any purpose without the express prior written consent of XtraMile. This Agreement does not grant any right or license in connection with any copyright, trademark or patent or any other proprietary right or license. XtraMile reserves all rights not expressly granted in and to the XtraMile Content, this Site and the Services, and this Agreement does not transfer the right to any of those rights.

13. NO SPAM

No spam. We do not tolerate sending spam. We monitor all traffic to and from our web servers to detect indications of spam, and we maintain a Spam Abuse Complaint Center to register allegations of spam abuse. Customers suspected of using our products and services for the purpose of sending spam are fully investigated. If we find that there is a problem with spam, we will take the necessary steps to resolve the situation.

We define spam as sending unsolicited commercial email (Unsolicited Commercial Email - UCE), unsolicited bulk email (Unsolicited Bulk Email - UBE). This is e-mail or fax sent to the recipients as advertising or otherwise, without first obtaining pre-approved consent. This may include, but is not limited to, the following:

email messages
instant messages (via Teams or other instant messaging programs)
text/SMS messages

We do not allow our servers and services to be used for the purposes described above. In order for you to use our products and services, you must not only comply with all applicable laws and regulations, but you must also comply with these anti-spam guidelines. Commercial advertising and/or mass e-mail or fax may only be sent to recipients who have "opted in" to receive messages specifically from the sender. They must include a legitimate return and reply address, the sender's physical address, and a way to unsubscribe in the footer of the email or fax. Upon request from us, conclusive proof of enrollment may be required for an email address.

If we find that the relevant accounts, products or services are being used in connection with spam, we have the right to redirect, suspend or cancel the relevant account, domain registration, mailbox or other relevant products or services. In that case, we may require you to confirm by e-mail to us that you want to stop send spam and/or stop having others send spam on your behalf, and we may require a non-refundable reactivation fee to be paid before your account and/or services are reactivated.

We encourage all customers and recipients of e-mail generated from our products and services to report any suspected spam. Suspected abuse can be reported by email or online through the Spam Abuse Complaint Center.

14. LINKS TO THIRD PARTY WEBSITES

This website and the services on the website may contain links to third-party websites that are not owned or controlled by XtraMile. XtraMile assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third party websites. In addition, XtraMile does not censor or modify the content of any third party websites. By using this site or the services found on this site, you expressly release XtraMile from all liability arising from your use of third party sites. Accordingly, XtraMile encourages you to exercise caution when leaving this site or the services found on this site and to review the terms and conditions, privacy policy, and other governing documents of any other sites you may visit.

15. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES CONTAINED ON THIS SITE IS AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES HEREIN ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. XTRAMILE, ITS OFFICERS, BOARD MEMBERS, EMPLOYEES, AGENTS AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND RULES. XTRAMILE, ITS OFFICERS, BOARD MEMBERS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY SITE LINKED TO (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHER) THE WEBSITE, AND/OR (III) THE SERVICES AVAILABLE ON THIS WEBSITE OR ANY WEBSITE LINKED (THROUGH HYPERLINKS, BANNER ADVERTISEMENTS OR OTHERWISE) TO THIS WEBSITE, AND XTRAMILE HAS NO RESPONSIBILITY OR OBLIGATION FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XTRAMILE, ITS REPRESENTATIVES, BOARD MEMBERS, EMPLOYEES OR AGENTS (INCLUDING, WITHOUT LIMITATION, ITS CUSTOMER CENTER OR CUSTOMER SERVICE REPRESENTATIVES) AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVISORY OR (II) MAKE ANY WARRANTY OF ANY KIND REGARDING THIS SITE OR THE SERVICES CONTAINED HEREIN. USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR THE SERVICES PROVIDED ON THIS WEBSITE.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL XTRAMILE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ALL THIRD PARTY SERVICES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY WEBSITES LINKED (VIA HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS WEBSITE, (III) THE SERVICES FOUND ON THIS WEBSITE OR ANY WEBSITE LINKED TO (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (IV) PERSONAL INJURY OR DAMAGE TO PROPERTY OR ANY NATURAL DAMAGE WHATSOEVER, (V) THIRD PARTY PERFORMANCE OF ANY KIND, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR DISCONTINUATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY WEBSITES LINKED TO (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR FROM THIS WEBSITE OR ANY WEBSITE LINKED TO (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT THAT IS DEFAMATORY, HARASSING, OFFENSIVE OR HARMFUL TO MINORS OR OTHER PROTECTED CLASSES, PORNOGRAPHIC, “SEXUALLY MARKED”, OBSCENE OR OTHERWISE OFFENSIVE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, LIABILITY, OR OTHER LEGAL OR EQUITY THEORIES, AND WHETHER OR NOT XTRAMILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL XTRAMILE'S TOTAL AGGREGATE LIABILITY EXCEED NOK 100,000.00.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE EVEN AFTER ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES IT OFFERS.

17. INDEMNIFICATION

You agree to protect, defend and indemnify XtraMile and its representatives, directors, employees, agents and third-party service providers against all claims, costs, expenses, losses, liabilities and damages of any kind (including, without limitation, reasonable attorneys' fees ) imposed or incurred by XtraMile arising directly or indirectly from (i) your use of and access to this website or the services contained herein; (ii) your breach of any provision of this Agreement or the policies or agreements incorporated herein; and/or (iii) your violation of any third party right, including, without limitation, any intellectual property or other proprietary right. The indemnification obligation under this paragraph shall survive any termination or expiration of this Agreement or your use of this Site or the Services contained herein.

18. COMPLIANCE WITH LOCAL LAWS

XtraMile makes no representation or warranty that the content available on this site or the services contained on this site are appropriate in any country or jurisdiction, and access to this site or the services contained herein from countries or jurisdictions where the content is illegal or forbidden. Users who choose to access this website or the services contained herein are responsible for complying with all local laws, rules and regulations.

19. DISPUTES - BINDING INDIVIDUAL ARBITRATION/MEDIATION

READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO WAIVE THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION/MEDIATION.

Disputes. The terms in this section shall apply to all disputes between you and XtraMile. In this section of the Agreement, "dispute" shall mean any dispute, claim or action arising between you and XtraMile relating to any type of product/service from XtraMile, XtraMile's websites, these Terms and all other transactions involving you and , whether talk about misrepresentation, fraud, intentional damage, statute, regulation, ordinance or other legal or legal basis - and the conditions must be interpreted in the broadest sense the law allows. YOU AND XTRAMILE AGREE THAT A "DISPUTE", AS DEFINED IN THESE TERMS, SHALL NOT INCLUDE ANY CLAIM OR ACTION BY YOU OR XTRAMILE FOR (I) MISAPPROPRIATION OF TRADE SECRETS, (II) PATENT INFRINGEMENT, (III) INFRINGEMENT OR MISUSE OF COPYRIGHT, AND (IV) CONFLICT WITH OR IMPAIRMENT OF TRADEMARKS. In addition, notwithstanding anything else in these Terms, you agree that the arbitrator, not a neutral arbitrator, may decide whether a claim falls within one of these four exceptions.
Binding Mediation/Arbitration. You and XtraMile further agree to arbitrate all disputes between the parties in accordance with the provisions of these Terms. The mediator/arbitrator may award you the same relief as a court of official jurisdiction, but limited by the limitation of liability in Section 19 of this Agreement, and may declare or order relief only in favor of the party seeking relief, and only to the extent that is necessary to arrive at a result that is within this party's individual requirements. In addition, the costs of mediation/arbitration can sometimes exceed the costs of litigation, and rights of access may be more limited than in ordinary law. The decision of the arbitrator shall be final and enforceable by any court having jurisdiction over the parties.
Conciliation council/district court. Notwithstanding the foregoing, you may bring individual cases before lower courts in your region if the case is within the court's jurisdiction and the case can only be brought there.
Notice of Dispute. In the event of a dispute, either you or XtraMile must first send the other party a written statement that a dispute has arisen. The declaration must contain the sender's name, address and contact information, the factual basis for the dispute, as well as the desired solution (the "dispute notice"). The dispute notice will be sent to you by registered letter to your last saved address or another address that we may have in our archives. If XtraMile and you do not agree to resolve the dispute within sixty (60) days of receipt of the dispute notice, you or XtraMile may initiate a mediation/arbitration proceeding as described in this section of the Agreement. After submitting and receiving the dispute notification, we both agree to act with good intentions to seek to resolve the dispute before we initiate mediation/arbitration.

20. SUCCESSORS AND ASSIGNEES

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

21. NO THIRD-PARTY BENEFIT

Nothing in this Agreement shall be deemed to transfer any third party rights or benefits.

22. TITLES AND HEADINGS, INDEPENDENT AGREEMENTS, INVALIDITY

The titles and headings in this Agreement are only for practical reasons and to make it easy to find, and they shall not be used in any way to perceive or interpret the agreement between the parties as it otherwise appears herein. Each agreement and agreement in this Agreement shall be deemed for all purposes to be a separate and independent agreement or agreement. If any provision (or part of a provision) of this Agreement is held by a court of competent jurisdiction to be illegal, void or otherwise unenforceable, the remaining provisions (or part of provisions) of this Agreement shall not be affected thereby and shall be deemed to be valid and enforceable in max. extent permitted by law.

CONTACT INFORMATION

If you have any questions about this agreement, please contact us by email at the following address: legal@xtramile.no