CopperCards Terms Of Use & Membership Agreement
This TERMS OF USE & MEMBERSHIP AGREEMENT
(Hereafter “TOUMA”) is made & entered into by & between CopperCards
(“CopperCards”) & You (Hereafter “MEMBER”) on the Effective Day of
acceptance of this Agreement by Member (CopperCards Contractors and
Guardians are also Members).
IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS OF
THIS AGREEMENT, YOU HAVE NO RIGHT TO PARTICIPATE IN THE PROGRAM.
a)
Conduct & Duties.
The parties to this TOUMA agree to conduct
themselves with integrity in a responsible fashion. MEMBER agrees not
to utilize CopperCards PRODUCTS for the commission or defense of a
crime. MEMBER agrees to do their best to come to the aid of other
MEMBERS and to respond wherever possible to CopperCards 119 call
requests.
By using this site or CopperCards or by joining
as a contractor, guardian or member you make and agree to the following
oath (or affirmation): "I do solemnly swear (or affirm) that I will
faithfully execute the Office of Contractor, Guardian, Member or User of
CopperCards and or this website, and will to the best of my Ability,
preserve, protect and defend the Constitution for the United States of
America."
By contracting the use of CopperCards you agree
to the following:
1. To obey the Law of the Land:
A. The highest law of the land is the U.S. Constitution;
B. Underlying the U.S. Constitution are the State Constitutions;
C. Underlying the Constitutions is English Common Law.
Higher law overrules lower law. Lower laws may not infringe or
contradict or be in conflict with higher laws. Laws must be ratified by
"we the people".
2. That you will not use CopperCards in the commission of any crime.
3. That you will not use CopperCards to eliminate or relieve liability
for any crime.
4. To prosecute any government official who punishes/fines or charges
you unlawfully or if you are unable to do so to allow CopperCards to
prosecute the official/s on your behalf.
b)
Disclaimer of Warrantee, Limitation of Liability, Indemnification
ALL COPPERCARDS, MANUALS, INSTRUCTIONS,
INFORMATION, SERVICES, GOODS, PRODUCTS, WEB SITE & SOFTWARE
(COLLECTIVELY HEREIN REFERRED TO AS “PRODUCTS”), IF ANY, PROVIDED TO
ANY MEMBER UNDER THIS TOUMA BY COPPERCARDS DIRECTLY OR THROUGH A
SUPPLIER IS PROVIDED SOLELY ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING FOR
PLEADINGS AT LAW, NONINTERFERENCE & NON-INFRINGEMENT
COPPERCARDS DOES NOT WARRANT THE LEGAL FORM,
SUITABILITY, CORRECTNESS, OF COPPERCARDS PRODUCTS OR ADVICE FROM ANY
COPPERCARDS REPRESENTATIVE & MEMBER AGREES TO NOT RELY UPON SAID
PRODUCT, INFORMATION, SERVICE, ADVICE OR DIRECTION. MEMBERS AGREE TO
OBTAIN INDEPENDENT LEGAL ADVICE FROM A QUALIFIED LEGAL PROFESSIONAL
ADDRESSING MEMBERS PERSONAL LEGAL REQUIREMENTS.
CopperCards & its licensors & other suppliers do
not warrant that the functionality of the CopperCards PRODUCT will meet
your requirements or that errors in the PRODUCT will be corrected, nor
do they warrant or make any representations regarding the use or the
results of the use of the PRODUCTS in terms of its correctness,
accuracy, reliability, or otherwise. No oral or written information or
advice given by CopperCards or a CopperCards representative creates a
warranty or in any way increases the scope of this warranty.
PRODUCTS PROVIDED BY COPPERCARDS, MAY INCLUDE
INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE
BY COPPERCARDS. COPPERCARDS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES TO THE COPPERCARDS PRODUCTS AT ANY TIME.
MEMBER IS RESPONSIBLE FOR CHECKING FOR LATEST UPDATES OF PRODUCTS ON THE
COPPERCARDS WEBSITE. COPPERCARDS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, &
SERVICES PROVIDED BY COPPERCARDS FOR ANY PURPOSE.
IN NO EVENT SHALL COPPERCARDS AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS OR PROPERTY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OF COPPERCARDS PRODUCTS OR WITH THE DELAY OR INABILITY TO USE
COPPERCARDS PRODUCTS, OR FOR ANY INFORMATION, PRODUCTS, & SERVICES
OBTAINED THROUGH THE COPPERCARDS, OR OTHERWISE ARISING OUT OF THE USE OF
COPPERCARDS PRODUCTS, WHETHER BASED ON THIS TOUMA , TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF COPPERCARDS OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SHOULD ANY TRIBUNAL NOT
ALLOW SAID EXCLUSION OR LIMITATION OF LIABILITY THEN THE MAXIMUM
LIABILITY SHALL NOT EXCEED THE PRECEEDING TWELVE MONTS DUES PAID BY
MEMBER..
You agree to indemnify & hold CopperCards, its
officers, subsidiaries, guardians, affiliates, successors, assigns,
directors, officers, agents, service providers, suppliers & employees,
harmless from any claim or demand, including reasonable attorney fees &
court costs, made by any third party due to or arising out of your use
of CopperCards PRODUCTS, your violation of the Agreement, your breach of
any of the representations & warranties herein, or your violation of any
rights of another.
c)
Dues & Costs.
CopperCards membership fees/dues (“Dues”) are
specified in the CopperCards pricelists, varying based upon a chosen
level of membership category & service. The first year or month’s Dues
is payable on the Effective Date of this agreement.
Member shall pay their Dues to CopperCards in
full within thirty (30) days of invoice which will be sent thirty (30)
days prior to the end of the current term. Failure to pay constitutes
breach of this agreement. Dues are exclusive of taxes or fees, if any,
imposed by any governmental entity related to Member’s participation in
the Forum. Such taxes or fees shall be Member’s sole responsibility,
except for taxes or fees related to the net income of CopperCards or its
personnel. CopperCards at its sole discretion, may increase or decrease
Dues at any time, provided, that any such Dues changes shall be
communicated in writing 60 days prior to the change & shall not affect
Member during the remaining period of Member’s then-current membership
term. Any payments received by CopperCards from Member pursuant to this
Membership Agreement or any Exhibit hereto shall be applied first to any
Dues then payable & then to any other fees or costs then payable, at
CopperCards sole discretion
d)
Term of TOUMA.
The term of this Membership Agreement shall
commence as of the Effective Date & shall continue thereafter for twelve
(12) months, unless terminated earlier as provided herein. The term of
this Membership Agreement will automatically renew for successive twelve
(12) month periods thereafter, unless either party gives notice of its
intent not to renew at least thirty (30) days prior to the expiration of
Member’s then-current membership term
The TOUMA may be terminated by CopperCards or
Member at their sole discretion for any reason. Such termination shall
be effective upon receipt of written notice of such termination. Such
termination shall not excuse Member from paying any remaining Dues for
their then-current membership term & shall not entitle Member to a
refund of any prepaid Dues.
e)
Governing Law.
This Agreement shall be governed by & construed
& enforced in accordance with & subject to the properly ratified U.S.
Constitution
& Common Law.
Pursuant to this TOUMA parties agree that Codes
or laws not properly ratified by a two thirds majority of the population
or representatives voted into office by two thirds of the population are
not considered governing law.
f)
CopperCards Mediation; Arbitration; Trial By Jury.
Both parties wish to maintain an honest & good
relationship & agree to properly discuss any problems at senior levels
prior to entering any legal action. Both parties agree to the
following:
1.
That any & all legal action will be preceded with a formal Common
Law Administrative hearing.
2.
If the matter is not settled in the Administrative hearing,
Parties agree to enter formal CopperCards Mediation.
3.
If the matter is not settled in Mediation the matter will be
brought to Trial By Jury in the CopperCards Courts in conformance with
the Governing Law of this agreement & managed according to CopperCards
Trial By Jury process.
COPPERCARDS & MEMBER
UNDERSTAND THAT THEY ARE WAVING ANY RIGHTS TO A TRIAL BY JUDGE IN A STATE
RUN COURT OR INSTITUTION.
COPPERCARDS & MEMBER AGREE TO BE COMPLETELY
BOUND BY THE COPPERCARDS ADMINISTRATIVE, MEDIATION & TRIAL BY JURY
PROCESS & TERMS & AGREE TO ABIDE BY AGREEMENTS & JUDGMENTS MADE THEREIN
IN CONFORMANCE WITH THE GOVERNING LAW OF THIS AGREEMENT.
This CopperCards Mediation; Arbitration; Trial
By Jury term does not prohibit either party from obtaining provisional
or ancillary remedies such as injunctive relief, sequestration,
attachment, garnishment or the appointment of a receiver by a court
having jurisdiction.
g)
Property Rights; Non Disclosure/Compete
MEMBER acknowledges & agrees that all
CopperCards PRODUCTS are the exclusive property of CopperCards. MEMBER
agrees to use CopperCards PRODUCTS only in connection with MEMBER'S
personal requirements
MEMBER acknowledges that CopperCards owns all
right, title & interest, including without limitation all Intellectual
Property Rights, in & to the CopperCards PRODUCTS & Services, & that You
will not acquire any right, title, or interest in or to the PRODUCT
except as expressly set forth in this Agreement. You will not modify,
copy, adapt, translate, prepare derivative works from, decompile,
reverse engineer, disassemble or otherwise attempt to derive products
from any CopperCards PRODUCT, or create or attempt to create a
substitute or similar service or product through use of or access to the
Program or proprietary information related thereto. You will not remove,
obscure, or alter CopperCards copyright notice, Brand Features, or other
proprietary rights notices affixed to or contained within any
CopperCards PRODUCTS services, software, or documentation.
During the term of the TOUMA & for a period of
two years thereafter, MEMBER agrees not to: Compete with CopperCards;
Take CopperCards customers to competitors; Solicit CopperCards
customers, MEMBERS or employees away from CopperCards.
Upon termination of the TOUMA, MEMBER agrees to
return promptly to CopperCards all CopperCards PRODUCTS & all copies of
any Information belonging to or produced by CopperCards. The provisions
of this term shall survive any termination of the Agreement.
h)
Entire Agreement, Non Assignment, Modifications
The TOUMA constitute the entire agreement
between you & CopperCards, CopperCards Guardians, Agents & Service
Providers & governs your use of CopperCards PRODUCTS & Service, the
TOUMA supersedes any prior agreements between you & CopperCards.
MEMBER may not assign this Agreement to other
parties. CopperCards may assign this Agreement to parties more capable
of delivering the PRODUCTS under this Agreement.
CopperCards reserves the right, at our sole
discretion, to change, modify or otherwise alter these terms &
conditions at any time. Such modifications shall become effective
immediately upon the posting thereof. You must review this agreement on
a regular basis to keep yourself apprised of any changes. You can find
the most recent version of this Terms of Use Agreement at:
http://www.coppercards.com/about/coppercards_tou_member_agreement.htm
The Parties agree that each term/provision in
this agreement stands by itself & is independent of other
terms/provisions. Failure of a party to insist upon strict adherence to
any term/provision of this Agreement on any occasion or the waiver of a
breach of this Agreement in any instance or the dismissal of any
term/provision, shall not deprive the party of the right thereafter to
insist on strict adherence to that or any other term/provision.
i)
Miscellaneous
Neither party will bring a legal action related
to this Membership Agreement more than one (1) years after the cause of
action accrued. This Membership Agreement does not create, & shall not
be construed as creating, any rights enforceable by any person not a
party to this Membership Agreement. The headings of the Sections
contained in this Membership Agreement are inserted for convenience of
reference only & are not intended to be a part of or to affect the
meaning or interpretation of this Membership Agreement. The parties
expressly agree that the United Nations Convention on Contracts for the
International Sale of Goods shall not apply to this Membership Agreement
j)
Electronic Delivery, Notices & Digital Signature.
CopperCards may give MEMBER any PRODUCT, data or
Notice regarding PRODUCTS & services in electronic form via e-mail or
referenced URL at the e-mail address MEMBER registers with CopperCards,
MEMBER consents to receive any notices or PRODUCT data electronically.
MEMBER agrees that electronic acknowledgement of
this agreement shall be considered the same as a written signature to
the agreement.
k)
Verification
By clicking the "I Accept" button or by becoming
a Member through a CopperCards Guardian and by continuing to use
CopperCards PRODUCT & Service, you represent & warrant that you have the
legal capacity to enter into this TOUMA & that you carefully read &
considered the foregoing provisions and you voluntarily signed this
Agreement & specifically & unconditionally accept and agree to all the
terms herein.
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