Welcome to Findyoursoldier.com, the service for single adults in the service of
their country or municipality to meet each other online, operated by Findyoursoldier.com,
L.P. ("Findyoursoldier.com"). By using the Findyoursoldier.com Website,
(the "Website") you agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a member of Findyoursoldier.com ("Member").
If you wish to become a Member and make use of the Findyoursoldier.com service
(the "Service"), please read these Terms of Use. If you object to anything
in this Agreement or the Findyoursoldier.com Privacy Policy, do not use the Website
or the Service. The Terms of Use are subject to change by Findyoursoldier.com
at any time, effective upon posting on the Findyoursoldier.com website, and your
use of the Service after such posting will constitute acceptance by you of such
changes.
THIS WEBSITE IS IN NO WAY AFFLIATED WITH THE UNITED STATES’ ARMED SERVICES.
1. Acceptance of Terms of Use Agreement.
a.
Electronic Agreement. This Agreement is an electronic contract that sets out the
legally binding terms of your use of the Website and your membership in the Service.
This Agreement may be modified by Findyoursoldier.com from time to time, such
modifications to be effective upon posting by Findyoursoldier.com on the Website.
This Agreement includes Findyoursoldier.com's Acceptable Use Policy for Content
Posted on the Website, Findyoursoldier.com's Privacy Policy, Findyoursoldier.com’s
subscription policies and any notices regarding the Website. By accessing the
Website or becoming a Member, you accept this Agreement and agree to the terms,
conditions and notices contained or referenced herein.
b.
Electronic Form. By accessing the Website or becoming a Member, you consent
to have this Agreement provided to you in electronic form.
c.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic
form. You may request a non-electronic copy of this Agreement either before
or after you electronically sign the Agreement. To receive a non-electronic
copy of this Agreement, please send an e-mail to fysoldier@yahoo.com
or a letter and self-addressed stamped envelope to: Findyoursoldier.com, __________________________
d.
Withdrawing Your Consent. You have the right at any time to withdraw your consent
to have this Agreement provided to you in electronic form.
(i) Effect. Should you choose to withdraw your consent to have this Agreement
provided to you in electronic form, we will discontinue your then-current username
and password. This means that you will not have the right to use the Service
unless, and until, we issue you a new username and password. We only will issue
you a new username and password after we receive a signed copy of a non-electronic
version of this Agreement, which we will send to you upon request.
(ii) Notice. To withdraw your consent and/or request a non-electronic copy of
this Agreement, please send an email to fysoldier@yahoo.com or
a letter and self-addressed stamped envelope to: Findyoursoldier.com,______________.
(iii) Prospective Nature. Your withdrawal of consent shall be effective within
a reasonable time after we receive your withdrawal notice described above. Your
withdrawal of consent will not affect the legal validity or enforceability of
the Agreement provided to, and electronically signed by, you prior to the effective
date of your withdrawal.
e.
Access and Retention. In order to access and retain this electronic Agreement,
you must have access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated with such
access. In addition, you must use all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access device.
Please print a copy of this document for your records. To retain an electronic
copy of this Agreement, you may save it into any word processing program. Via,
the Website, we will notify you of any changes in the hardware or software requirements
needed to access and/or retain this Agreement that create a material risk that
you will not be able to continue to access and/or retain this electronic Agreement.
2. Eligibility. You must be at least eighteen (18) years of age and single or
separated from your spouse to register as a member of Findyoursoldier.com or
use the Website and a member of the United States’ Armed Services and/or
a uniformed municipality member such as a law enforcement office, paramedic
and/or fire fighter. Membership in the Service is void where prohibited. By
using the Website, you represent and warrant that you have the right, authority
and capacity to enter into this Agreement and to abide by all of the terms and
conditions of this Agreement.
3. Membership and Subscription; Pricing. You may become a Member of the Service
at no cost. As a Member, you will have the ability to participate in some, but
not all, of the features and services available within the Service. In order
to access additional features and services, including the ability to communicate
with other Members, you must become a paying subscriber to the Service. Please
see Subscribe for a description of the current subscription plans and their
prices. Please note that the subscription policies that are disclosed to you
in subscribing to the service are deemed part of this Agreement. Please see
Billing Details for a description of such policies. For purposes of this Agreement
the term “Member” includes subscribers, unless where its usage indicates
otherwise. From time to time, Findyoursoldier.com may remove the profiles of
non-subscribers.
4. Term. This Agreement will remain in full force and effect while you use the
Website and/or are a Member. You may terminate your membership and/or subscription
at any time, for any reason, by following the instructions on the Resign pages
in Account Settings, or by sending Findyoursoldier.com written notice of termination
to Findyoursoldier.com, ____________ or email notice of termination to fysoldier@yahoo.com.
If you terminate your subscription, your subscription will remain active until
the end of your then-current subscription period (that is, the subscription
period through which you had paid prior to your termination). Findyoursoldier.com
may terminate your membership and/or subscription by sending notice to you at
the email address you provide in your application for membership, or such other
email address as you may later provide to Findyoursoldier.com. If Findyoursoldier.com
terminates your membership in the Service because you have breached this Agreement,
you will not be entitled to any refund of unused subscription fees. All decisions
regarding the termination of accounts shall be made in the sole discretion of
Findyoursoldier.com. Findyoursoldier.com is not required to provide you notice
prior to terminating your membership and/or subscription. Findyoursoldier.com
is not required, and may be prohibited, from disclosing a reason for the termination
of your account. Even after your membership or subscription is terminated, this
Agreement will remain in effect. All terms that by their nature may survive
termination of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members. The Website is for the personal use of individual
Members only and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members and should
not use the Service or the Website for any purpose. Illegal and/or unauthorized
uses of the Website, including collecting usernames and/or email addresses of
members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to the Website may be investigated,
and appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress. Use of the Website is with the permission
of Findyoursoldier.com, which may be revoked at any time, for any reason, in
Findyoursoldier.com’s sole discretion.
6. Account Security. You are responsible for maintaining the confidentiality
of the username and password that you designate during the Registration process,
and you are fully responsible for all activities that occur under your username
and password. You agree to (a) immediately notify Findyoursoldier.com of any
unauthorized use of your username or password or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Findyoursoldier.com
will not be liable for any loss or damage arising from your failure to comply
with this provision. You should use particular caution when accessing your account
from a public or shared computer so that others are not able to view or record
your password or other personal information. If you share your computer with
others, you may wish to consider disabling your auto-sign in feature if you
have linked your Microsoft .Net Passport or AOL ScreenName to your Findyoursoldier.com
account.
7. Your Interactions with Other Members. You are solely responsible for your
interactions with other Members. You understand that Findyoursoldier.com does
not in any way screen its Members, nor does Findyoursoldier.com inquire into
the backgrounds of its Members or attempt to verify the statements of its Members.
Findyoursoldier.com makes no representations or warranties as to the conduct
of Members or their compatibility with any current or future Members. In no
event shall Findyoursoldier.com be liable for any damages whatsoever, whether
direct, indirect, general, special, compensatory, consequential, and/or incidental,
arising out of or relating to the conduct of you or anyone else in connection
with the use of the Service, including without limitation, bodily injury, emotional
distress, and/or any other damages resulting from communications or meetings
with other registered users of this Service or persons you meet through this
Service. You agree to take reasonable precautions in all interactions with other
Members of the Service, particularly if you decide to meet offline or in person.
You understand that Findyoursoldier.com makes no guarantees, either express
or implied, regarding your ultimate compatibility with individuals you meet
through the Service. You should not provide your financial information (for
example, your credit card or bank account information) to other Members.
8. Content on Findyoursoldier.com.
(a) Proprietary Rights. Findyoursoldier.com owns and retains all proprietary
rights in the Website and the Service. The Website contains the copyrighted
material, trademarks, and other proprietary information of Findyoursoldier.com,
and its licensors. Except for that information which is in the public domain
or for which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers,
or other information or content made available through the Service, but not
directly by Findyoursoldier.com, are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely responsible for
such content. Findyoursoldier.com does not: (i) guarantee the accuracy, completeness,
or usefulness of any information on the Service, or (ii) adopt, endorse or accept
responsibility for the accuracy or reliability of any opinion, advice, or statement
made by any party that appears on the Website. Under no circumstances will Findyoursoldier.com
or its affiliates be responsible for any loss or damage resulting from your
reliance on information or other content posted on the Website or transmitted
to or by any Members.
9. Content Posted by You on Findyoursoldier.com.
a. You are solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Members. You will not
post on the Service, or transmit to other Members, any defamatory, inaccurate,
abusive, obscene, profane, offensive, sexually oriented, threatening, harassing,
racially offensive, or illegal material, or any material that infringes or violates
another party's rights (including, but not limited to, intellectual property
rights, and rights of privacy and publicity). You will not provide inaccurate,
misleading or false information to the Company or to any other Member. If information
provided to Findyoursoldier.com, or another Member, subsequently becomes inaccurate,
misleading or false, you will promptly notify Findyoursoldier.com of such change.
b. You understand and agree that Findyoursoldier.com may review and delete any
content, messages, double-blind emails, photos or profiles (collectively, "Content"),
in each case in whole or in part, that in the sole judgment of Findyoursoldier.com
violate this Agreement or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of Members.
c. By posting Content to any public area of Findyoursoldier.com, you automatically
grant, and you represent and warrant that you have the right to grant, to Findyoursoldier.com,
its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, reproduce, adapt,
modify and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, and
to grant and authorize sublicenses of the foregoing. You further represent and
warrant that public posting and use of your content by Findyoursoldier.com will
not infringe or violate the rights of any third party.
d. The following is a partial list of the kind of Content that is illegal or
prohibited on the Website. Findyoursoldier.com reserves the right to investigate
and take appropriate legal action in its sole discretion against anyone who
violates this provision, including without limitation, removing the offending
communication from the Service and terminating the membership of such violators.
It includes, but is not limited to, Content that:
·1 is patently offensive to the online community, such as Content that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
·2 harasses or advocates harassment of another person;
·3 involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming";
·4 promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
·5 promotes an illegal or unauthorized copy of another person’s
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated images, audio or video, or links to pirated images, audio
or video files;
·6 contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
·7 provides material that exploits people under the age of 18 in a sexual
or violent manner, or solicits personal information from anyone under the age
of 18;
·8 provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone’s privacy, or providing
or creating computer viruses;
·9 solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and
·10 engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. Your use of the Service, including but not limited to the Content you post
on the Service, must be in accordance with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street
addresses, last names, URLs or email addresses. Doing so will result in your account being deleted.
g. You may not engage in advertising to, or solicitation of, other Members.
This includes but is not limited to solicitation or advertising to buy or sell
any products or services through the Service or to attend parties or other social
functions or networking for commercial purposes. You may not transmit any chain
letters or junk email to other Members. Although Findyoursoldier.com cannot
monitor the conduct of its Members off the Website, it is also a violation of
these rules to use any information obtained from the Service in order to harass,
abuse, or harm another person, or in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit consent. In order to protect
our Members from such advertising or solicitation, we reserves the right to
restrict the number of emails which a Member may send to other Members in any
24-hour period to a number which we deem appropriate in our sole discretion.
h. All information you include in your Member profile must be accurate, current
and complete.
10. Prohibited Activities. Findyoursoldier.com reserves the right to investigate
and terminate your membership if you have misused the Service, or behaved in
a way which could be regarded as inappropriate or whose conduct is unlawful
or illegal. The following is a partial list of the type of actions that you
may not engage in with respect to the Service:
·1 You will not impersonate any person or entity.
·2 You will not "stalk" or otherwise harass any person.
·3 You will not express or imply that any statements you make are endorsed
by Findyousoldier.com without our specific prior written consent.
·4 You will not use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational structure
or presentation of the Service or its contents.
·5 You will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
·6 You will not remove any copyright, trademark or other proprietary
rights notices contained in the Service.
·7 You will not interfere with or disrupt the Services or the site or
the servers or networks connected to the Services or the site.
·8 You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment.
·9 You will not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any information transmitted through the Service.
·10 You will not "frame" or "mirror" any part of
the Service or the Website, without Findyoursoldier.com’s prior written
authorization. You also shall not use meta tags or code or other devices containing
any reference to Findyoursoldier.com or the Service or the site in order to
direct any person to any other web site for any purpose.
·11 You will not modify, adapt, sublicense, translate, sell, reverse
engineer, decipher, decompile or otherwise disassemble any portion of the Service
or the Website or any software used on or for the Service or cause others to
do so.
11. Customer Service. Findyoursoldier.com provides assistance and guidance through
its customer care representatives. When communicating with our customer care
representatives, you may not to be abusive, obscene, profane, offensive, sexist,
threatening, harassing, racially offensive, or otherwise behave inappropriately.
If we feel that your behavior towards any of our customer care representatives
or other employees is at any time threatening or offensive, we reserve the right
to immediately terminate your membership and you will not be entitled to any
refund of unused subscription fees.
12. Subscriptions; Charges on Your Billing Account.
(a) General. Findyoursoldier.com bills you through an online account (your "Billing
Account") for use of the Service. You agree to pay Findyoursoldier.com
all charges at the prices then in effect for any use of the Service by you or
other persons (including your agents) using your Billing Account, and you authorize
Findyoursoldier.com to charge your chosen payment provider (your "Payment
Method") for the Service. You agree to make payment using that selected
Payment Method. Findyoursoldier.com reserves the right to correct any errors
or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Most subscription plans to the Service consist of an
initial period, for which there is a one time charge, followed by recurring
period charges as agreed to by you. By entering into this Agreement, you acknowledge
that your subscription has an initial and recurring payment feature and you
accept responsibility for all recurring charges prior to cancellation. FINDYOURSOLDIER.COM
MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM
YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY FINDYOURSOLDIER.COM)
THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.
SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FINDYOURSOLDIER.COM REASONABLY
COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO
TO ACCOUNT SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE
INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION
TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE
IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND
YOU MUST PROMPTLY NOTIFY FINDYOURSOLDIER.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G.,
FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY,
SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES
TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE
FINDYOURSOLDIER.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FINDYOURSOLDIER.COM MAY
CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT
UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU
IN WRITING UPON REQUEST BY FINDYOURSOLDIER.COM).
(d) Payment Method. The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial institution,
credit card issuer or other provider of your chosen Payment Method (the "Payment
Method Provider"). If Findyoursoldier.com does not receive payment from
your Payment Method Provider, you agree to pay all amounts due on your Billing
Account upon demand.
(e) Change in Amount Authorized. If the amount to be charged to your Billing
Account varies from the amount you preauthorized (other than due to the imposition
or change in the amount of state sales taxes), you have the right to receive,
and Findyoursoldier.com shall provide, notice of the amount to be charged and
the date of the charge at least 10 days before the scheduled date of the transaction.
Any agreement you have with your Payment Method Provider will govern your use
of your Payment Method. You agree that Findyoursoldier.com may accumulate charges
incurred and submit them as one or more aggregate charges during or at the end
of each billing cycle.
(f) Auto-renewal. Your Findyoursoldier.com subscription will be automatically
extended for successive renewal periods of the same duration as the subscription
term originally selected, at the then-current non-promotional subscription rate.
To change or resign your subscription at any time, go to Account Settings. If
you resign, you may use your subscription until the end of your then-current
subscription term; your subscription will not be renewed after your then-current
term expires. However, you won’t be eligible for a prorated refund of
any portion of the subscription fee paid for the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination or continued use of
the Service reaffirms that Findyoursoldier.com is authorized to charge your
Payment Method. Findyoursoldier.com may submit those charges for payment and
you will be responsible for such charges. This does not waive Findyoursoldier.com's
right to seek payment directly from you. Your charges may be payable in advance,
in arrears, per usage, or as otherwise described when you initially subscribed
to the Service.
(h) Free Trials and Other Promotions. Any free trial or other promotion that
provides subscriber-level access to the Service must be used within the specified
time of the trial. You must cancel your subscription before the end of the trial
period in order to avoid being charged a subscription fee. If you cancel prior
to the end of the trial period and are inadvertently charged for a subscription,
please contact Customer Care to have the charges reversed.
13. Modifications to Service. Findyoursoldier.com reserves the right at any
time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that Findyoursoldier.com shall
not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
14. Blocking of IP Addresses. In order to protect the integrity of the Service,
Findyoursoldier.com reserves the right at any time in its sole discretion to
block Members from certain IP addresses from accessing the Website.
15. Copyright Policy. You may not post, distribute, or reproduce in any way
any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Service in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: an electronic
or physical signature of the person authorized to act on behalf of the owner
of the copyright interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that you claim is infringing
is located on the Website; your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; a statement
by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. Findyoursoldier.com’s Copyright Agent for notice
of claims of copyright infringement can be reached as follows: Findyoursoldier.com
Legal, PO Box 25458, Dallas, TX 75225.
16. Member Disputes. You are solely responsible for your interactions with other
FINDYOURSOLDIER.COM Members. Findyoursoldier.com reserves the right, but has no obligation,
to monitor disputes between you and other Members.
17. Privacy. Use of the Website and/or the Service is also governed by our Privacy
Policy.
18. Disclaimers. Findyoursoldier.com is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection with the Service, whether caused
by users of the Website, Members or by any of the equipment or programming associated
with or utilized in the Service. Findyoursoldier.com is not responsible for
the conduct, whether online or offline, of any user of the Website or Member
of the Service. Findyoursoldier.com 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, user or Member communications. Findyoursoldier.com 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 email or players on account of technical problems or traffic
congestion on the Internet or at any Website or combination thereof, including
injury or damage to users and/or Members or to any other person's computer related
to or resulting from participating or downloading materials in connection with
the Web and/or in connection with the Service. Under no circumstances will Findyoursoldier.com
or any of its affiliates, advertisers, promoters or distribution partners be
responsible for any loss or damage, including personal injury or death, resulting
from anyone's use of the Website or the Service, any Content posted on the Website
or transmitted to Members, or any interactions between users of the Website,
whether online or offline. The Website and the Service are provided "AS-IS"
and Findyoursoldier.com expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Findyoursoldier.com cannot guarantee and does not
promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement,
any advice that may be posted on the Website is for informational and entertainment
purposes only and is not intended to replace or substitute for any professional
financial, medical, legal, or other advice. Findyoursoldier.com makes no representations
or warranties and expressly disclaims any and all liability concerning any treatment,
action by, or effect on any person following the information offered or provided
within or through the Website. If you have specific concerns or a situation
arises in which you require professional or medical advice, you should consult
with an appropriately trained and qualified specialist.
19. Links. The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Findyoursoldier.com has no control
over such sites and resources, you acknowledge and agree that Findyoursoldier.com
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources. You
further acknowledge and agree that Findyoursoldier.com shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with the use of, or reliance upon, any such
Content, goods or services available on or through any such site or resource.
21. Limitation on Liability. Except in jurisdictions where such provisions are
restricted, in no event will Findyoursoldier.com be liable to you or any third
person for any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the Web site or
the Service, even if Findyoursoldier.com has been advised of the possibility
of such damages. Notwithstanding anything to the contrary contained herein,
Findyoursoldier.com’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 Findyoursoldier.com for the Service during the term of membership.
23. Jurisdiction and Choice of Law. If there is any dispute arising out of the
Website and/or the Service, by using the Website, you expressly agree that any
such dispute shall be governed by the laws of the State of Texas, without regard
to its conflict of law provisions, and you expressly agree and consent to the
exclusive jurisdiction and venue of the state and federal courts of the State
of Texas, in Dallas or Collin County, for the resolution of any such dispute.
24. Indemnity by You. You agree to indemnify and hold Findyoursoldier.com, its
subsidiaries, affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable attorney's
fees, made by any third party due to or arising out of your use of the Service
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.
25. No Third Party Beneficiaries. You agree that, except as otherwise expressly
provided in this Agreement, there shall be no third party beneficiaries to this
Agreement.
27. Other. This Agreement contains the entire agreement between you and Findyoursoldier.com
regarding the use of the Website and/or the Service. If any provision of this
Agreement is held ivalid, the remainder of this Agreement shall continue in
full force and effect.
Please contact us with any questions regarding this agreement. Findyoursoldier.com
is a trademark of Findyoursoldier.com, L.P.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
