TERMS AND CONDITIONS

©2021 Montana de jure Assembly.  ALL RIGHTS RESERVED. Please refer to the legal notice below for Terms of Use.

 

This website is operated by the Montana de jure Assembly (“MTA.”)  The website address for the Montana de jure Assembly is:  www.MontanadejureAssembly.org.  The mailing address for Montana
de jure Assembly is P.O. Box 1334, Sidney, MT 59270.

 

All users of this website agree that their access to and use of this website are subject to the terms
and conditions set forth in this legal notice and all applicable laws, and that any such access or use
is undertaken at the user's own risk.  These terms and conditions are subject to change at any time without prior notice.  Any changes will be reflected on the Terms and Conditions Legal Notice page
of the MontanadejureAssembly.org website.

 

By making a donation on MontanadejureAssembly.org, you understand and agree that MontanadejureAssembly.org may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention and credit
card authorization.

 

All images, graphics, code, software and other content used on or incorporated into this website
are subject to intellectual property rights held by or licensed to Montana de jure Assembly, or its affiliates. Subject to your compliance with these terms of use, MTA grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of this website.  This license does not include: (a) any commercial use of this website or its contents; (b) any collection or use of any product listings, descriptions, images or videos; (c) any derivative use of the website or its contents; (d) any downloading, copying or other use of the website or its contents for the benefit of any third party; or (e) any use of data mining, robots or similar data gathering and extraction tools.  This website and its contents may not be reproduced, sold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of MTA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on this website or owned by MTA without first obtaining MTA express prior written consent.

 

This website may contain errors and may not be complete or current.  MontanadejureAssembly.org therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (even after publishing and user viewing,) and to change or update information at any time without prior notice.  

 

THE MONTANADEJUREASSEMBLY.ORG WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY MONTANADEJUREASSEMBLY.ORG ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MONTANADEJUREASSEMBLY.ORG MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE WEBSITE OR EMAILS SENT FROM MONTANADEJUREASSEMBLY.ORG ARE FREE OF MALWARE OR
OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MONTANADEJUREASSEMBLY WEBSITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMITTED BY LAW, MONTANADEJUREASSEMBLY.ORG DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE
SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.


CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS.
THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

 

To the fullest extent allowed by applicable laws, neither MontanadejureAssembly.org nor its corporate affiliates, nor the directors, officers, employees, members, agents, contractors, successors or assigns
of each, shall be liable for any damages whatsoever arising out of or related to the use of this website, email sent in connection with this website or any other website linked to this website.  This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if MontanadejureAssembly.org is notified in advance of the potential for any such damages.  These terms are binding in Montana but some other jurisdictions limit consumer limitations of liability, so some or all of the provisions above may not apply to you.


MontanadejureAssembly.org does not make any representations or warranties about any website you may access through this website.  Any such website is independent from MontanadejureAssembly.org, and MontanadejureAssembly.org has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website.  A link between MontanadejureAssembly.org and another website does not mean that MontanadejureAssembly.org endorses that website.  You need to make your own independent decisions regarding your interactions or communications with any other website.


MontanadejureAssembly.org does not want to receive confidential, proprietary or trade secret information through this website (excluding information related to any order you submit).
Please note that any information, materials, suggestions, ideas or comments sent to MontanadejureAssembly.org will be deemed non-confidential.  And, by submitting any such information, you are granting MontanadejureAssembly.org an irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including advertising.  For example,
we may use customer reviews from the site in our online or print advertising, along with first
name only and city/state of residence. 

 

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send MontanadejureAssembly.org a notice at the address listed below requesting that we remove the material or block access to it, but you must include the following information:

 

(i) Identification of the copyrighted work that you believe to be infringed. Please
describe the work, and where possible include a copy or the location (e.g., URL)
of an authorized version of the work.

(ii) Identification of the content that you believe to be infringing and its location.
Please describe the content in as much detail as possible, and provide us with its
URL or any other pertinent information that will allow us to locate the content.

(iii) Your name, address, telephone number, and (if available) email address.

(iv) A statement that you have a good faith belief that the use of the work you are
reporting is not authorized by the copyright owner, its agent or the law.

(v) A statement that the information you have supplied is accurate, and indicating
under penalty of perjury that you are the copyright owner or authorized representative.

(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.

 

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Copyright Agent, c/o Montana de jure Assembly, P.O. Box 1334, Sidney, MT 59270 or to MTAContactUs@protonmail.com.  We suggest that you consult your legal advisor before filing a notice or counter-notice.

 

MontanadejureAssembly.org has the right, but assumes no voluntary duty, to monitor and edit or remove any comments or product review ("Comments") posted by users on this site. You are solely responsible for the Comments you post on or through this site, for their accuracy, and for the consequences of submitting and posting those Comments.  Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Comments posted on the site is at your own risk to the fullest extent allowed by applicable law.  For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any Comments and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.  You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.  You agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of this site.

 

Customer Service

For more information on the Montana de jure Assembly or to resolve a complaint regarding service, send an e-mail to MTAContactUs@protonmail.com 


Notice for California Residents pursuant to CA Civil Code section 1789.3: California residents
may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or
by telephone at 916-445-1254 or 800-952-5210.

Dispute Resolution / Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (hereinafter "Class Action").


Most customer concerns can be resolved by e-mailing Customer Service at MTAContactUs@protonmail.com.   In the event Customer Service is unable to resolve a complaint
to your satisfaction, this section explains how any Claims (as defined below) are resolved through arbitration.

 

In this Agreement to Arbitrate, the term "MTA" includes Montana de jure Assembly and any of
its affiliates or subsidiaries (regardless of tier and including but not limited to MontanadejureAssembly.org,) and any persons or entities (including agents or employees) related
to MontanadejureAssembly.org or its affiliates or subsidiaries.


THIS SECTION PROVIDES THAT CLAIMS (AS DEFINED BELOW) BETWEEN YOU AND MONTANA DE JURE ASSEMBLY MUST BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION UNDER COMMON LAW AND NATURAL LAW. ARBITRATION REPLACES
THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL, OR FILE OR PARTICIPATE IN A
CLASS ACTION.  IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT
A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED
THAN IN COURT. THIS AGREEMENT TO ARBITRATE IS GOVERNED BY COMMON LAW
AND NATURAL LAW AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW
WILL ALLOW.

 

You and MTA agree that any claim, dispute, or controversy arising out of or relating to your use of
this website or any product(s) or service(s) sold or other benefit offered to you by/through MTA (except claims, disputes, or controversies concerning either (i) the validity, enforceability, or scope of any part of this Agreement to Arbitrate or (ii) intellectual property rights) shall be subject to binding individual arbitration (hereinafter "Claim" or "Claims").  IN ARBITRATION, NEITHER YOU
NOR MTA WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE
A JURY TRIAL ON ANY CLAIM. BOTH PARTIES HEREBY AGREE TO PROCEED IN ARBITRATION AND WAIVE ALL RIGHTS TO A JURY TRIAL OR OTHER TRIAL IN COURT.

 

You and MTA agree that any and all Claims against each other may be brought only on an individual basis in arbitration.  You and MTA agree to forgo/waive any right or ability to file, or participate in, any Class Action against the other party and instead agree to arbitrate all Claims against the other party on an individual basis only.  You and MTA agree that Claims of two (2) or more persons may
not be combined or consolidated in the same arbitration.  You and MTA agree that the arbitrator
has no authority or power to arbitrate or otherwise decide any Claim on a class, collective, or other representative basis, and may award relief only on an individual basis.  The arbitrator also has no power or authority to rule on his/her own jurisdiction or to determine the validity, enforceability,
or scope of any part of this Agreement to Arbitrate.

 

All Claims are subject to arbitration, no matter what legal theory the Claims are based on and no matter what remedy (including any type of monetary relief (including but not limited to damages and penalties) and including any type of injunctive, declaratory, or other equitable relief) the Claims seek, including but not limited to:  Claims based on contract, tort (including but not limited to intentional torts), fraud, agency, negligence, equity, qui tam, deceptive trade practices, any statutory or regulatory provisions (federal, state, or otherwise), or any other sources of law (federal, state, or otherwise); Claims made as initial claims, counterclaims, cross-claims, third-party claims, interpleaders, or otherwise; and Claims made regarding past, present, or future conduct.  You agree not to sell, assign,
or transfer any Claim.

 

Arbitration shall be administered by the Courts and Enforcement arm of the Montana de jure Assembly, a self-governing congregation and the source of legal, political and spiritual authority
for the sovereign state of Montana. 

 

Arbitration shall be initiated in accordance with the Rules of Common Law and Natural Law, except that the parties agree that any demand for arbitration or other similar document will be signed by the filing party personally (for MTA, by an authorized non-lawyer representative) and not by an attorney. The arbitration shall be conducted by a single arbitrator in accordance with this Agreement to Arbitrate and the Rules of Common Law and Natural Law.  Both you and MTA shall participate equally in the selection of the arbitrator.  The parties shall request MTA Courts and Enforcement to provide a panel of three (3) neutral arbitrators along with materials showing the background of each arbitrator on the panel provided. Within seven (7) calendar days after the panel is received, the parties shall take turns striking unacceptable arbitrators from the panel until only one remains.  The parties then shall inform MTA of the remaining arbitrator who will decide the dispute.  If both parties agree that the remaining arbitrator is unacceptable, the parties may request a second panel from MTA and the selection process will begin again.  If both parties agree that no one on the second panel is acceptable, either party may request MTA to appoint an arbitrator who was not on either panel.

 

You and MTA agree to limit discovery in arbitration. Each party agrees to limit their respective discovery in arbitration to:  (i) depositions of up to three (3) relevant individuals; (ii) service of one
set of up to twenty (20) interrogatories (including subparts); and (iii) service of one set of up to
twenty (20) requests for production of relevant documents. The party taking the deposition shall be responsible for all associated costs, including the cost of a court reporter, transcript, videographer, or video. Responses to interrogatories or document requests must be served within thirty (30) calendar days of receipt of the interrogatories or document requests.  The arbitrator also may allow additional relevant and reasonable discovery consistent with this Agreement to Arbitrate.

 

The arbitrator must honor claims of privilege recognized at law and shall take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator must allow, and has the authority to grant, motions dispositive of all or part of any Claim.  The arbitrator shall apply the substantive law, including the conflicts of law, of the state in which your billing address is/was located at the time you and MTA entered into this Agreement to Arbitrate. 

 

The arbitrator shall have the authority to award individual monetary and non-monetary relief available under applicable law.  The arbitrator shall issue a written award and statement of decision explaining the findings and conclusions on which the award is based, including the calculation of any damages awarded.  An arbitration award shall decide the rights and obligations only of the parties named in the arbitration and shall not have any bearing on any other person or dispute.  No decision
by an arbitrator shall serve as precedent in any other matter.  Any judgment on the award rendered by the arbitrator may be entered in any Common Law and Natural Law court of competent jurisdiction. The arbitrator's award is final and binding and is subject to judicial review only as allowed by Common Law and Natural Law.

 

You are responsible for paying the consumer filing fee required by MTA Courts and Enforcement. MTA will pay the other costs for the parties to access the arbitral forum that are required by MTA Courts and Enforcement.  The parties are otherwise responsible for their own attorney's fees, expert fees, and any other costs and expenses incurred, unless applicable law allows the arbitrator to award such fees, costs, or expenses to you for prevailing on a Claim.

 

MTA may modify this Agreement to Arbitrate upon posting a revised version in its Terms and Conditions Legal Notice.  Any such modification shall be effective for any Claim based on use of the website or any product or service sold or other benefit offered to you by/through MTA after the date of such posting.  The modification will only apply prospectively and will not apply to any Claims that have arisen or accrued before the modification is posted.  Your continued use of this website, donations, comments, inquiries, purchase of a product or services, or acceptance of other benefits after the date of posting will constitute your acceptance of, and agreement to, any such modification. In the absence of such advance written notice, if the Claims arose or accrued before the effective date of the modification, or if the modification is not allowed by a court in the applicable jurisdiction, the Agreement to Arbitrate that was in effect before the modification shall govern the parties' dispute.

 

This Agreement to Arbitrate shall survive any termination of the relationship between you and MTA, including the bankruptcy of any party or any transfer in or change of control of MTA.  If any terms or parts of this Agreement to Arbitrate are deemed invalid or unenforceable under applicable law, the other terms/parts of this Agreement to Arbitrate shall remain in full force and effect, except that you and MTA agree that there will never be any arbitration of any Claims on a class, consolidated, collective, or representative basis.