NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Sec. 1 TITLE: This PURCHASING AGREEMENT, shall be known herein as the "Agreement".
Sec. 2 SEVERABILITY: If any provision or clause of this Agreement or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of said Agreement, which can be given effect without the invalid provision or application, and to this end the provisions of said Agreement are severable.
Sec. 3 PURPOSE: This Agreement is entered into by and between Order of Merchants LLC ("Seller") and any person who, directly or indirectly, conveys any form of monetary value to said Seller, or any of its authorized agents ("Purchaser") in exchange for goods and services offered ("OM Property") through www.OrderofMerchants.com ("OM Site").
Sec. 4 MANIFESTATION OF INTENTIONAL ASSENT BY CONDUCT: By purchasing any OM Property a Purchaser, and any agent, heir, executor, or assignee thereof, accepts and agrees to the terms and conditions comprising this Agreement, and that said Agreement is a legally binding effective and enforceable contract between the parties named herein.
Sec. 5 CAPACITY: The Purchaser warrants that said Purchaser is over the age of 18, has the legal capacity to enter into this Agreement, and become legally bound to the same.
Sec. 6 CONSIDERATION: For value and consideration noted on each commercial unit of OM Property offered in our store, the parties make the following promises and warrants as follows:
I. If the Purchaser purchases any form of digital media from the OM Site, said Purchaser shall have the right to stream that specific digital media 24 hours
a day 7 days a week for as long as said content remains published on the OM Site. In the event the OM Site experiences a technical difficulty that affects a
Purchaser's ability to stream that piece of OM Property, which said purchaser purchased, Order of Merchants promises to restore the Purchasers access to said
property as soon as reasonably possible. If the Seller has to remove any part of that particular piece of OM Property by reason of court order, said Seller promises to
remove any such content from that media and republish said modified version within a reasonable time.
II. If the Purchaser purchases Merchant Contracting Services there is no guarantee that any of our Merchant Contractors ("MCs") will enable that Purchaser to achieve
a remedy for their issue. The fee ascribed to Merchant Contracting Services is for time and labor from one of our MCs. It is up to the Purchaser to decided whether or not it is worth it for the Purchaser to purchase or continue purchasing Merchant Contracting Services.
III. If the Purchaser purchases Membership, the Seller promises to grand said Purchaser access to all restricted member pages on the OM Site. The Seller maintains the
right to make any of its private (members only) content available for free on the OM Site. Additionally the Seller reserves the right to convert any information
offered publicly on the OM Site and either remove it or make it accessible for members only.
IV. All Purchasers promise to abide by the Official Customs of the OM Site.
V. The Purchaser promises that all content on the OM Site, to the extent it is not subject to trademark, copyright, patent, or otherwise prohibited by law, is the
valuable private property of the Seller.
VI. The Purchaser promises not to disclose any OM property to any other person less that person be likewise bound to this Agreement.
All promises and warrants made by the parties in this Agreement express a legal duty and obligation for the promising party to perform or refrain from performing any acts related thereto and that failure to do so shall constitute breach of this Agreement, as a contract. Breach of this Agreement by one party, establishes a manifestation of intent to grant the other party permission to file a legal action against the former to protect and enforce the rights of the latter as established by said Agreement. Any immunities of the breaching party are waived upon breach.
Sec. 7 SECURITY AGREEMENT: All goods and services purchased from the Seller through the OM Site are conveyed to the Purchaser for value and consideration with reservation of a security interest in favor of the Seller.
- By purchasing any OM Property, the Purchaser does not acquire the right to replicate, distribute, or publish said product(s), or any portion thereof. Any act of replication, distribution, or publication by the purchaser, or by means of the purchaser, without the express permission of the Seller, shall constitute the following:
a. The Purchaser, and all other participants, granting the Seller a priority security interest in all property ("Collateral") of said Purchaser for a
value up to $5,000.00 United States Dollars (USD) for each act of unauthorized replication, distribution, or publication;
b. The Purchaser, and all other participants, granting the Seller and its agents, permission to make the necessary public filings to perfect said
security interest and collect the debt secured by the same by either judicial means, non-judicial means, or both;
c. The Purchaser, and all other participants, granting the Seller and its agents, peaceful possession of any and all intangible property associated
with said perfected interest by non-judicial process; and
d. The Purchaser, and all other participants, granting the Seller and its agents, limited Power of Attorney in Fact, to act for and sign as said Purchaser and participants, and to represent them in any manner requisite to fulfilling the provisions of this Agreement. Said Purchaser, and
participants, also warrant the revocation of any and all powers of attorney previously granted by said Purchaser and participants regarding the Collateral and the conveyance or reconveyance thereof.
Sec. 8 JURISDICTION: This Agreement is governed by the laws of the State of California without regard to conflict of interest provisions. The parties agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, County of Los Angeles. Said notices are commercial in nature due to their involving the exchange of valuable property, subject to the California Commercial Code, and subject to the Restatement (Second) of Contracts. If any word in this Agreement is not defined within said Agreement, it shall have the meaning as prescribed in the Cal. Com. Code, if not defined in the Cal. Com. Code, it shall have the meaning as defined in Black’s Law Dictionary 4th Edition, and if not defined in Black’s Law Dictionary 4th Edition, it shall have the meaning as defined in etymonline.com.
Sec. 9 AMENDMENTS, ADDENDUMS & TERM: The terms and conditions comprising this Agreement may be modified or supplemented from time to time. It is the duty and obligation of the Purchaser to save a copy of this Agreement at the time of purchase for their records. This Agreement is perpetual.
Sec. 10 DISCLAIMER: By purchasing any OM Property from the Seller, the Purchaser agrees and accepts that such property is granted with the understanding that neither the Seller, nor its MCs, render any legal, accounting, or other professional service. All Purchasers warrant that they shall not rely on any such information as being accurate. In no event will the Seller, or its MCs, be liable for any direct, indirect, or consequential damages resulting from the use of such contents.