MyOutDoorSite.com is a social networking service that
allows Members to create unique personal profiles online in order to find and communicate with fellow outdoor
enthusiasts. The services offered by MyOutDoorSite.com ('MyOutDoorSite.com' or 'we') include the MyOutDoorSite.com
website (the 'MyOutDoorSite Website') and any other features, content, or applications offered from time to time
by MyOutDoorSite.com in connection with the MyOutDoorSite Website (collectively, the 'MyOutDoorSite Services').
The MyOutDoorSite Services are hosted in the United States, however, MyOutDoorSite.com, reserves the right, at
any time, to host its Services outside of the United States without prior notice to or consent of its users.
This Terms of Use Agreement ('Agreement') sets forth the
legally binding terms for your use of the MyOutDoorSite Services. By using the MyOutDoorSite Services, you agree
to be bound by this Agreement, whether you are a 'isitor' (which means that you simply browse the MyOutDoorSite
Website, but have not registered with the site) or you are a 'Member' (which means that you have registered with
MyOutDoorSite.com). The term 'User' refers to a Visitor or a Member. You are only authorized to use the MyOutDoorSite
Services (regardless of whether your access or use is intended or not) if you agree to abide by all applicable laws
and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with this Agreement, you
should leave the MyOutDoorSite Website and discontinue use of the MyOutDoorSite Services immediately. If you wish to
become a Member, communicate with other Members and make use of the MyOutDoorSite Services, you must read this Agreement
and indicate your acceptance during the Registration process.
This Agreement includes MyOutDoorSite.com's policy for acceptable
use of the MyOutDoorSite Services and Content posted on the MyOutDoorSite Website, your rights, obligations and restrictions
regarding your use of the MyOutDoorSite Services and MyOutDoorSite.com's Privacy Policy. In order to participate in certain
MyOutDoorSite Services, you may be notified that you are required to download software or content and/or agree to additional
terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MyOutDoorSite
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: privacy@MyOutDoorSite.com, Subject: Terms of Use Agreement.
MyOutDoorSite.com may, without prior notice to or consent of its Users,
modify this Agreement from time to time, and such modification shall be effective upon posting by MyOutDoorSite.com on the
MyOutDoorSite Website. You agree to be bound to any changes to this Agreement when you use the MyOutDoorSite 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 MyOutDoorSite.com and
that you provide to other Users. Your MyOutDoorSite.com member pages may not include the following items: telephone numbers,
street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually
explicit, illegal activity or otherwise objectionable subject matter. Despite this prohibition, information provided by other
MyOutDoorSite.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive, illegal or sexually
explicit material, products or services, and MyOutDoorSite.com assumes no responsibility or liability for this material. If you
become aware of misuse of the MyOutDoorSite Services by any person, please contact MyOutDoorSite or click on the 'Report
Inappropriate Content' link at the bottom of any MyOutDoorSite.com page.
MyOutDoorSite.com 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 MyOutDoorSite Services at any time, for any or no reason, with or without prior notice, and without liability.
Additionaly, MyOutDoorSite expressly reserves the right to immediately remove your profile and/or restrict, suspend, or terminate
your access to any part of MyOutDoorSite Services if MyOutDoorSite determines, in its sole discretion, that you have violated, in
any way, this Agreement or that you pose a threat to MyOutDoorSite and/or its Users.
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Eligibility. Use of and Membership in the MyOutDoorSite Services is void where prohibited. By
using the MyOutDoorSite 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) if you are a minor as defined by your state, that you
have parental permission to use MyOutDoorSite Services and (d) your use of the MyOutDoorSite Services does not violate any
applicable law or regulation.
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Term. This Agreement shall remain in full force and effect while you use the MyOutDoorSite Services
or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's
Account Settings page. MyOutDoorSite.com may terminate your Membership at any time, without warning. Even after Membership is
terminated, this Agreement will remain in effect, including sections 5-17.
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Fees. You acknowledge that MyOutDoorSite.com reserves the right to charge for the MyOutDoorSite
Services and to change its fees from time to time without prior notice or consent.
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NON REFUNDIBILITY OF FEES. IF MYOUTDOORSITE.COM TERMINATES YOUR MEMBERSHIP BECAUSE YOU HAVE BREACHED THE
AGREEMENT, YOU SHALL NOT BE ENTITLED TO THE REFUND OF ANY UNUSED PORTION OF SUBSCRIPTION FEES.
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Password. When you sign up to become a Member, you will also be asked to choose a password. You are soley
and entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or
password of another Member at any time or to disclose your password to any third party. You agree to notify MyOutDoorSite.com
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.
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Non-commercial Use by Members. The MyOutDoorSite Services are for the personal use of Members only and may
not be used in connection with any commercial unless specifically endorsed or approved by MyOutDoorSite.com. Illegal and/or
unauthorized use of the MyOutDoorSite Services, including collecting usernames and/or email addresses of Members by electronic
or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MyOutDoorSite Website
is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles
without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal
or unauthorized use of the MyOutDoorSite Services.
- Proprietary Rights in Content on MyOutDoorSite.com.
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MyOutDoorSite.com does not claim or exercise 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
MyOutDoorSite Services. After posting your Content to the MyOutDoorSite 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 consistant
with this Agreement. By displaying or publishing ("posting") any Content on or through the MyOutDoorSite Services,
you hereby grant to MyOutDoorSite.com a non-exclusive, limited and royalty-free license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and through the MyOutDoorSite Services.
Without this license, MyOutDoorSite.com would be unable to provide the MyOutDoorSite Services. For example, without
the right to modify Member Content, MyOutDoorSite.com would not be able to digitally compress music files that
Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly
perform Member Content, MyOutDoorSite.com could not allow Users to listen to music posted by Members. The license
you grant to MyOutDoorSite.com is non-exclusive (meaning you are free to license your Content to anyone else in
addition to MyOutDoorSite.com), fully-paid and royalty-free (meaning that MyOutDoorSite.com is not required to pay
you for the use on the MyOutDoorSite Services of the Content that you post), sublicensable (so that MyOutDoorSite.com
is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the
MyOutDoorSite Services), and worldwide (because the Internet and the MyOutDoorSite Services are global in reach).
This license will terminate at the time you remove your Content from the MyOutDoorSite Services. The license does
not grant MyOutDoorSite.com the right to sell your Content, nor does the license grant MyOutDoorSite.com the right
to distribute your Content outside of the MyOutDoorSite Services.
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You represent and warrant that: (i) you own the Content posted by you on or through the MyOutDoorSite 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 MyOutDoorSite 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 MyOutDoorSite Services.
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The MyOutDoorSite Services contain Content of MyOutDoorSite.com ("MyOutDoorSite.com Content"). MyOutDoorSite.com
Content is protected by copyright, trademark, patent, trade secret and other laws, and MyOutDoorSite.com owns and
retains all rights in the MyOutDoorSite.com Content and the MyOutDoorSite Services. MyOutDoorSite.com hereby grants
you a limited, revocable, nonsublicensable license to reproduce and display the MyOutDoorSite.com Content (excluding
any software code) solely for your personal use in connection with viewing the MyOutDoorSite Website and using the
MyOutDoorSite Services.
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The MyOutDoorSite Services contain Content of Users and other MyOutDoorSite.com 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 MyOutDoorSite Services.
- Content Posted.
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MyOutDoorSite.com may delete any Content that in the sole judgment of MyOutDoorSite.com violates this Agreement or
which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyOutDoorSite.com
assumes no responsibility for monitoring the MyOutDoorSite Services for inappropriate Content or conduct.
MyOutDoorSite.com may, at any time, chooses in its sole discretion, to monitor the MyOutDoorSite Services;
MyOutDoorSite.com, 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.
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You are solely responsible for the Content that you post on or through any of the MyOutDoorSite Services, and any
material or information that you transmit to other Members and for your interactions with other Users.
MyOutDoorSite.com does not endorse and has no control over the Content. Content may not be reviewed by
MyOutDoorSite.com prior to posting and does not reflect the opinions or policies of MyOutDoorSite.com.
MyOutDoorSite.com 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 Members.
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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 MyOutDoorSite Services. MyOutDoorSite.com reserves the right to investigate and take appropriate
legal action against anyone who, in MyOutDoorSite.com's sole discretion, violates this provision, including without
limitation, removing the offending communication from the MyOutDoorSite Services, terminating the Membership of such
violators, and reporting any illegal or improper activity to the appropriate authorities. Prohibited Content includes, but
is not limited to Content that, in the sole discretion of MyOutDoorSite.com:
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is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or
individual;
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harasses or advocates harassment of another person;
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exploits people in a sexual or violent manner;
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contains nudity, violence, or offensive subject matter or contains a link to an adult website;
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solicits personal information from anyone under 18;
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provides any telephone numbers, street addresses, last names, URLs or email addresses;
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promotes information that you know is false or misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
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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 music or links to pirated music files;
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involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing, instant messaging,
'spimming', or 'spamming';
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contains restricted or password only access pages or hidden pages or images (those not linked to or from
another accessible page);
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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;
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solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
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involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
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includes a photograph of another person that you have posted without that person's consent; or
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uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
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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;
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advertising to, or solicitation of, any Member to buy or sell any products or services through the MyOutDoorSite
Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these
rules to use any information obtained from the MyOutDoorSite Services 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, MyOutDoorSite.com 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 MyOutDoorSite.com deems appropriate in its sole discretion.
If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications
of any kind through the MyOutDoorSite Services, you acknowledge that you will have caused substantial harm to
MyOutDoorSite.com, but that the amount of such harm would be impossible to ascertain. As a reasonable estimation
of such harm, you agree to pay MyOutDoorSite.com $50 for each such unsolicited email or other unsolicited
communication you send through the MyOutDoorSite Services;
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covering or obscuring the banner advertisements on your personal profile page, or any MyOutDoorSite.com page via
HTML/CSS or any other means;
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any automated use of the system, such as using scripts to add friends or send comments or messages;
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interfering with, disrupting, or creating an undue burden on the MyOutDoorSite Services or the networks or services
connected to the MyOutDoorSite Services;
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attempting to impersonate another Member or person;
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using the account, username, or password of another Member at any time or disclosing your password to any third
party or permitting any third party to access your account;
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selling or otherwise transferring your profile;
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using any information obtained from the MyOutDoorSite Services in order to harass, abuse, or harm another person;
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displaying an advertisement on your profile, or accepting payment or anything of value from a third person in
exchange for your performing any commercial activity on or through the MyOutDoorSite Services on behalf of that
person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose,
selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a
commercial purpose; or
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using the MyOutDoorSite Services in a manner inconsistent with any and all applicable laws and regulations.
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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 MyOutDoorSite.com to terminate Membership privileges of any Member
who infringes the copyright rights of others upon receipt of proper notification to MyOutDoorSite.com by the copyright
owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied
and posted on the MyOutDoorSite Services in a way that constitutes copyright infringement, please provide our Copyright
Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is located on the MyOutDoorSite Services; (iv) your
address, telephone number, and email address; (v) 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; (vi) a sworn and notorized 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. MyOutDoorSite.com's Copyright Agent for notice of claims of
copyright infringement can be reached as follows: Copyright Agent, OutDoorSite, Inc., 2852 Antoine, Houston, TX 77092;
Facsimile: (713) 869-3111; Attn: Copyright Agent
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Member Disputes. You are solely responsible for your interactions with other MyOutDoorSite.com Members.
MyOutDoorSite.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
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Privacy. Use of the MyOutDoorSite Services is also governed by our Privacy Policy, which is incorporated into
this Agreement by this reference.
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Disclaimers. MyOutDoorSite.com is not responsible for any incorrect or inaccurate Content posted on the
MyOutDoorSite Website or in connection with the MyOutDoorSite Services, whether caused by Users of the MyOutDoorSite
Services or by any of the equipment or programming associated with or utilized in the MyOutDoorSite Services. Profiles
created and posted by Members on the MyOutDoorSite Website may contain links to other websites. MyOutDoorSite.com 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 MyOutDoorSite.com. Inclusion of any linked website on
the MyOutDoorSite Services does not imply approval or endorsement of the linked website by MyOutDoorSite.com. When you
access these third-party sites, you do so at your own risk. MyOutDoorSite.com takes no responsibility for third party
advertisements which are posted on this MyOutDoorSite Website or through the MyOutDoorSite Services, nor does it take any
responsibility for the goods or services provided by its advertisers. MyOutDoorSite.com is not responsible for the conduct,
whether online or offline, of any User of the MyOutDoorSite Services. MyOutDoorSite.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, any User or Member communication. MyOutDoorSite.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 any email or players due to technical problems or traffic congestion on
the Internet or on any of the MyOutDoorSite 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
MyOutDoorSite Services. Under no circumstances shall MyOutDoorSite.com be responsible for any loss or damage, including
personal injury or death, resulting from use of the MyOutDoorSite Services, attendance at a MyOutDoorSite.com event, from
any Content posted on or through the MyOutDoorSite Services, or from the conduct of any Users of the MyOutDoorSite Services,
whether online or offline. The MyOutDoorSite Services are provided "AS-IS" and as available and MyOutDoorSite.com expressly
disclaims any warranty of fitness for a particular purpose or non-infringement. MyOutDoorSite.com cannot guarantee and does
not promise any specific results from use of the MyOutDoorSite Services.
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Limitation on Liability. IN NO EVENT SHALL MYOUTDOORSITE.COM 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 MYOUTDOORSITE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, MYOUTDOORSITE.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 MYOUTDOORSITE.COM FOR THE MYOUTDOORSITE
SERVICES DURING THE TERM OF MEMBERSHIP.
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U.S. Export Controls. Software available in connection with the MyOutDoorSite Services (the "Software") is further
subject to United States export controls. No Software may be downloaded from the MyOutDoorSite Services or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
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Disputes. If there is any dispute about or involving the MyOutDoorSite Services, you agree that the dispute shall be
governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive
personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of
Houston. Either MyOutDoorSite.com or you may demand that any dispute between MyOutDoorSite.com and you about or involving
the MyOutDoorSite Services must be settled by arbitration utilizing the dispute resolution procedures of the American
Arbitration Association (AAA) in Houston, Texas, USA, provided that the foregoing shall not prevent MyOutDoorSite.com from
seeking injunctive relief in a court of competent jurisdiction.
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Indemnity. You agree to indemnify and hold MyOutDoorSite.com, 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 MyOutDoorSite 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 MyOutDoorSite Website or through the MyOutDoorSite Services causes
MyOutDoorSite.com to be liable to another.
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Other. This Agreement is accepted upon your use of the MyOutDoorSite Website or any of the MyOutDoorSite Services
and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and
MyOutDoorSite.com regarding the use of the MyOutDoorSite Services. The failure of MyOutDoorSite.com 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. MyOutDoorSite.com is a trademark of
OutDoorSite, 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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