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Advertiser agrees to hold harmless, defend and indemnify SOF, its officers directors, employees, contractors, related parties, individuals, subcontractors, suppliers, agents, partners, affiliates, successors and assigns from all liabilities, claims, demands and any related expenses whatever including any legal fees, attorney’s fees, and any fees and related costs of defense that are due or arise from any use of Advertiser’s products or services of any Users of SOF website. Advertiser is responsible for any infringement by Advertiser of any lags which relate to Advertiser’s goods or services or use of goods and services in any manner by any users or visitors of SOF. We may assume exclusive control of any defense or any matter subject to indemnification by Advertiser, and Advertiser agrees to cooperate with SOF in such event. Advertiser agrees to hole harmless, defend and indemnify SOF, its officers, directors, employees, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and any resulting expenses, including attorneys’ fees and any other legal fees that are due to or arise from any product or services advertised on the SOFMAG and any product or service that is offered to SOF users. Advertiser agrees to hold harmless, defend and indemnify SOF, its officers, directors, employees, contractors, subcontractors, suppliers, agents affiliates or partners, successors and assigns from all liabilities, claims demands and expenses, to include attorneys’ fees that are due to or arise from the use of Advertisers services and products, no matter what shape or form or substance that SOF users may acquire, purchase, lease, or use in any manner or form which advertiser provides to SOF users.
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Disclaimers. Soldier of Fortune Magazine is not responsible for and makes no warranties, express or implied, as to the USERS Content or the accuracy and reliability of the USERS Content posted on or through the SOF Services, whether caused by USERS of the SOF Services or by any of the equipment or programming associated with or utilized in the SOF Services. USERS Content does not necessarily reflect the opinions or policies of Soldier of Fortune. Soldier of Fortune is not responsible for the content, accuracy or opinions expressed on any websites to which Members of SOFMAG, third party profiles or third party applications are linked, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Soldier of Fortune.  Inclusion of any linked website on the SOF Services does not imply approval or endorsement of the linked website by Soldier of Fortune.  When USERS access these third party sites, USERS do so at USERS own risk.  Soldier of Fortune takes no responsibility for third party advertisements or third party applications that are posted on or through the SOF Services, nor does it take any responsibility for the goods or services provided by its advertisers. Soldier of Fortune is not responsible for the conduct, whether online or otherwise, no matter where any USERS of SOF may be, of any USERS of the SOF Services. Soldier of Fortune 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 USERS or Member communication. Soldier of Fortune 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 SOF 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 SOF Services.  Soldier of Fortune shall not be responsible under any circumstance, online or offline for any loss or damage, including personal injury or death, resulting from use of the SOF Services, attendance at a Soldier of Fortune event, from any USERS Content posted on or through the SOF Services, or from the conduct of any USERS of the SOF Services, whether online or offline.  The SOF Services are provided "AS-IS" and as available and Soldier of Fortune expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  Nor does Soldier of Fortune cannot guarantee and does not promise any specific results from use of the SOF Services or any products that may be advertised on SOFMAG.

12. Limitation on Liability. IN NO EVENT SHALL SOLDIER OF FORTUNE BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM USERS USE OF THE SOF SERVICES, EVEN IF SOLDIER OF FORTUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOLDIER OF FORTUNE'S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ANY ACTION AT ANY TIME, PAST PRESENT OR FUTURE, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USERS TO SOLDIER OF FORTUNE FOR THE SOF SERVICES DURING THE TERM OF MEMBERSHIP.

13. U.S. Export Controls. Software available in connection with the SOF Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the SOF Services or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at USERS sole risk and at  USERS sole responsibility for any laws applicable whether international, federal, state or municipal.

14. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to its conflict of law provisions.  USERS, Soldier of Fortune, and any parties which may be involved in any dispute agree to submit to the exclusive jurisdiction of the courts located within the State of Colorado to resolve any dispute arising out of the Agreement or the SOF Services.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS INCLUDING ANY CLAIMS BROUGHT BY ANY MEMBERS OF USERS’S FAMILY OR AQUAINTANCES OR ANY INDIVIDUAL, COMPANY, OR PARTY) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

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16. Other. This Agreement is accepted upon USERS use of the Soldier of Fortune Website or any of the SOF Services and is further affirmed by USERS becoming a Member.  This Agreement constitutes the entire agreement between USERS and Soldier of Fortune regarding the use of the SOF Services.  The failure of Soldier of Fortune 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. Soldier of Fortune is a trademark of Soldier of Fortune, Inc.  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.
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DISCLAIMERS, WARRANTIES, AND LIMITATIONS OF LIABILITY
Disclaimers. SOLDIER OF FORTUNE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ADVERTISED PRODUCTS,  AVAILABILITY, COMPLETENESS, TIMELINESS, ACCURACY OR SUITABILITY OF THE INFORMATION OR USERS MATERIAL, HYPERLINKS OR WEBSITES ACCESSIBLE BY HYPERLINKS FROM THESE WEBSITES, OR OTHER MATERIALS INCLUDING ANY ADVERTISEMENTS OR PRODUCTS CONTAINED ON THESE WEBSITES OR IN THE FORUMS. USERS MAY NOT RELY ON ANY MATERIALS PROVIDED BY OR SUBMITTED TO THE FORUMS OR SOLDIER OF FORTUNE. SOLDIER OF FORTUNE DOES NOT CONTROL OR ENDORSE THE MATERIALS OR INFORMATION CONTAINED ON THE FORUMS. OUR WEBSITES, THE FORUMS, AND ALL INFORMATION AND MATERIALS CONTAINED ON THE FORUMS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLDIER OF FORTUNE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AS A CONDITION OF USERS USE OF THE FORUMS, USERS WARRANT TO SOLDIER OF FORTUNE THAT USERS WILL NOT USE THE FORUMS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OR ANY APPLICABLE LAW.
Limitation of Liability. SOLDIER OF FORTUNE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY OR ANY OTHER LEGAL CLAIM, ARISING OUT OF OR IN CONNECTION WITH WEBSITE CONTENT, AND/OR ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE FORUMS OR THE INFORMATION OR MATERIALS AVAILABLE FROM THE FORUMS, OR ANY LOSS, BUSINESS INTERRUPTION, OR ANY USE OF THE FORUMS BY ANY PERSON, OR OTHER DAMAGES IN CONNECTION THEREWITH. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
INDEMNIFICATION
USERS agree to indemnify, defend and hold harmless Soldier of Fortune, its affiliates, and its and their respective officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from USERS use of the websites and/or Forums, including, without limitation, in connection with any USERS Material, submitted, posted or displayed by USERS on the Forums, or any violation by USERS of these website terms, any applicable law or any rights of another person or entity.
DISPUTE RESOLUTION
If any controversy, dispute or claim arises out of or related to USERS use of Soldier of Fortune's websites, the Forums, or any USERS Material posted on or submitted to Soldier of Fortune's websites or the Forums, the dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Soldier of Fortune reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the USERS Material, breach of USERS confidentiality obligations, or any other violations hereunder.
EXCLUSIVE JURISDICTION, GOVERNING LAW
Except as otherwise expressly provided, the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with these websites, the Forums and/or the USERS Material or their use is Colorado USA. These website terms and the relationship between USERS and Soldier of Fortune will be governed by the laws of the State of COLORADO, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these website terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these website terms shall continue in effect.
MISCELLANEOUS
Use of these websites or the Forums is unauthorized from any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. USERS agree that no joint venture, partnership, employment, or agency relationship exists between USERS and Soldier of Fortune as a result of these website terms, Soldier of Fortune's Privacy Policy, or use of the Forums. Soldier of Fortune's performance of these website terms is subject to existing laws and legal process, and nothing contained in these terms or Soldier of Fortune's Privacy Policy is in derogation of Soldier of Fortune's right to comply with law enforcement requests or requirements relating to USERS use of these websites, the Forums, or information provided to or gathered by Soldier of Fortune with respect to such use. These terms and the other documents referenced herein constitute the entire agreement between USERS and Soldier of Fortune with respect to these websites and the Forums, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between USERS and Soldier of Fortune with respect to Soldier of Fortune's websites or the Forums. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these website terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding any of these terms, Soldier of Fortune reserves the right, without notice and in its sole discretion, to terminate USERS license to use these websites or the Forums, and to block or prevent future access to the same.

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