As Amended March 2022
Members are expected to comply with all applicable laws and regulations and conduct themselves in a decent manner.
1.0 MEMBERSHIP RIGHTS AND OBLIGATIONS
Generally. Member agrees to pay the annual fees established for its Membership Class, as may be amended from time to time in accordance with the Bylaws. Dues are Monthly and payment is required upon signing (to activate membership) and upon renewal (on the anniversary of membership activation). ESSAAA will collect fees , dues ,levy and donations by online payment gateway or by manual receipt.
Compliance with Policies. Member agrees to abide by, and shall have all applicable rights and obligations as set forth in, the Bylaws, ESSAAA Intellectual Property Rights Policy (the “IPR Policy”), the Privacy Policy, and any and all additional policies and procedures adopted by OMG, as any of these may be amended from time to time, all of which are hereby incorporated by reference (the “ESSAAA P&Ps”).
Suspension and Termination. The ESSAAA , at its election, may terminate membership upon bankruptcy or withdrawal from or cessation of business by Member. ESSAAA shall also have the right to (i) suspend participation of Member if it fails to pay its Monthly/annual fees on time, or (ii) suspend or cancel participation of Member if it violates any of the ESSAAA P&Ps or engages in conduct seriously prejudicial to the purposes and interests of ESSAAA and fails to correct that breach within seven (7) days of notice from ESSAAA or the Authorised staff. No refunds of Membership fees or other payments will be given. Suspension and termination are subject to ESSAAA Bylaw .
2.0 GENERAL
Authority to Execute Agreement. The person entering into this Agreement on behalf of Member hereby represents, warrants and covenants to ESSAAA that (a) it has the authority to enter into this Agreement and to perform its obligations hereunder; (b) the execution and performance of this Agreement does not and will not violate any agreement to which Member is a party or by which it is otherwise bound; and (c) when executed and delivered, this Agreement will constitute a legal, valid and binding obligation of Member, enforceable in accordance with its terms.
No Other Licenses. By executing this Agreement, Member neither grants nor receives, by implication, estoppel, or otherwise, any rights under any copyright, patents or other intellectual property rights of ESSAAA or another member, except as expressly provided in the ESSAAA P&Ps (e.g., ESSAAA’s right to disclose and publicize the Member’s membership in ESSAAA, unless requested otherwise in writing by the Member).
No Warranty. EACH PARTY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE AGREED IN WRITING, ALL SERVICES AND INFORMATION PROVIDED TO OR BY OMG UNDER THIS AGREEMENT IS PROVIDED “AS IS” WITH NO WARRANTIES OR CONDITIONS WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND OMG AND MEMBER EACH EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO SUCH SERVICES AND INFORMATION.
Governing Law. This Agreement shall be construed and controlled by the laws of the Society Act as applicable without reference to conflict of laws principles. If any claim or dispute between the members is not resolved by good faith negotiations, any suits or proceedings pursued by either party shall be brought in the courts located in Dharmapuri, to whose jurisdiction each party hereby submits.
Complete Agreement; No Waiver. This Agreement, including all attachments, sets forth the entire understanding of ESSAAA and Member and supersedes all prior agreements and understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Amendment. All amendments to this Agreement or to any ESSAAA P&Ps shall be effective upon their stated effective date.. No termination or withdrawal pursuant to this paragraph will entitle Member to a refund of Membership dues or other fees, all of which are nonrefundable.
No Rule of Strict Construction. Regardless of which party may have drafted this Agreement, no rule of strict construction shall be applied against either party. If any provision of this Agreement is determined by a court to be unenforceable, the parties shall deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of this Agreement will continue in effect.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but collectively shall constitute one and the same instrument.
Compliance with Laws. Anything contained in this Agreement to the contrary notwithstanding, the obligations of ESSAAA and Member shall be subject to all laws, present and future, of any government having jurisdiction over OMG and Member including, without limitation, all export and re-export laws and regulations. It is the intention of ESSAAA and Member that this Agreement and all referenced documents shall comply with all applicable laws and regulations.
Headings. ESSAAA and Member acknowledge that the headings to the sections hereof are for reference purposes only and shall not be used in the interpretation of this Agreement.
Assignment. Member may not assign its rights or obligations under this Agreement without the prior written consent of ESSAAA or as otherwise set forth in the Bylaws.
Force Majeure. Neither ESSAAA nor Member shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
Logos and Names. As long as you remain a member in good standing, you may use ESSAAA’s ID CARD, name and logo, in the format and with the notices provided or requested by ESSAAA, solely to indicate your membership in ESSAAA.