|Oakland Raiders Internet Boosters
The mission of the Oakland Raiders Internet Boosters Club ("ORIB" or "the Club") is to (a) promote the Oakland Raiders organization throughout the world via the Internet, (b) to operate as a non-profit voluntary association, with no funds used to benefit individual club members, and (c) to perform charitable work, as determined by the ORIB Executive Board and/or the voting membership pursuant to the Club's bylaws.
This document is the membership agreement (the "Agreement") for joining ORIB. BY COMPLETING THE MEMBERSHIP APPLICATION PROCESS, YOU (the "Applicant") AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND BY ALL CLUB TERMS AS SET FORTH IN THE CLUB's CONSTITUTION AND BYLAWS.
The term of this Agreement begins upon the Club's acceptance of Applicant(s) into the Club and continues for the duration of time in which the Member is considered a member in good standing.
The terms for membership in the Club are defined in full in Article II of the Club's bylaws, and include (but are not limited to) the following terms: (a) any Oakland Raiders fan may APPLY to become a member of the Club by furnishing his or her name and address and offering to pay the mimimum dontaion for the current fiscal year. If such application is approved by the Club's Executive Board, donations shall become immediately payable. In such a situation, no membership rights accrue until donations have been paid in full; (b) donations must be paid within 60 days of the Club's approval of the application for membership, and once paid, are not refundable; (c) to be eligible as a Regular (voting) member of the Club, Applicant(s) must have Internet E-mail access or meet the terms for proxy voting as defined in the Club's constitution and/or bylaws (note that applicants who do not meet these requirements are still eligible to become Associate members of the Club with all club benefits except for the ability to vote on club issues).
Successful completion of the membership application process and acceptance into the Club means that (a) all required information as defined in the Club bylaws and as indicated on the Membership Application Form (the "Form") has been supplied by the Applicant, (b) Applicant(s) fully met the requirements for membership as defined in this Agreement and in the Club's Constitution and Bylaws, (c) the application for club membership was approved by the ORIB Executive Board, and (d) all mimimum donations amounts as set by the Club for the current year were paid in full. Any information supplied on the Form that is found to be incorrect or incomplete is grounds for rejecting the membership application of all Applicants whose names appear on the Form.
Club donations for the current year are specified at the top of the Membership Application Form. All donations must be paid in U.S. Dollars, by personal check, cashier's check, or money order. Personal checks from outside the U.S. will not be accepted, and in no event will an applicant paying by personal check be recognized as a member in good standing until such check has been credited to the Club's account. Donation payments must be mailed to the Club's address as specified on the Membership Application Form.
The individual completing the membership application process for personal membership to the Club and/or on behalf of another or others, represents that he or she has full authority to complete the membership application process on behalf of all indicated applicants, and that all information submitted in connection with the membership application process is true and correct. As used in this Agreement, with respect to the Applicant's obligations, "you" and "your" refer to the individual completing the membership application process and all others on whose behalf the membership application process is being completed. If accepted as a Member, you agree to update the information provided in the membership application process within thirty (30) days of any change in that information, and/or at any time upon request by ORIB, within seven (7) days of such request.
The terms of Member conduct are defined in full in Article IV of the Club's bylaws, and include (but are not limited to) the following terms: Members shall be responsible for their actions and the actions of those individuals considered by the Club to be their guests, and the damages arising from any act due to misconduct by a member or guest shall be paid for by the member. The Club shall not be responsible for individual actions of misconduct, and may take such administrative and/or legal action as is necessary to protect its interests. Any act that brings embarrassment or endangerment to the Club constitutes sufficient cause to have membership terminated, or to have a non-member barred from attending future Club functions, by vote of the Executive Board.
At such time as the Club implements a private web or other Internet site for Club members in good standing, you will be assigned a password in order to gain access to the site. If/when this password is assigned, you will be responsible for exercising due care in maintaining the confidentiality of that password and are liable for any harm or expense resulting from acquisition of the password by any other party.
ORIB makes no warranties regarding copyright protection available for material placed on the Club's Internet media by you or any other party. You warrant to the Club that you shall not place any copyright protected material on the Club's Internet media without the express written permission of the owner of such copyright and of ORIB, and that in the event of any claim against ORIB alleging that such copyrighted material has been placed on or copied or distributed by or through ORIB, you agree to indemnify ORIB and hold them harmless from any and all such claims, and to bear all costs of defense by ORIB, including without limitation attorneys fees, as such costs are demanded.
Neither party to this Agreement shall use the name of the other party thereto in any advertising or other form of publicity or promotion without the written permission of the other party.
Member agrees to indemnify and hold ORIB harmless from any and all claims, liabilities, and expenses, including reasonable attorney's fees to which ORIB may be subject and which arise, directly or indirectly, from Member's violation of this Agreement or any applicable laws, including without limitation laws relating to copyright, trademarks and other intellectual property.
The failure of ORIB to insist upon or enforce strict performance by you of any provision of this Agreement shall not be construed as a waiver of any provision or right.
In the event any portion of this Membership Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Membership Agreement shall remain in full force and effect. The section headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement.
This Agreement shall be interpreted, enforced and construed according to the laws of the State of California.
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Copyright © 1997, Oakland Raiders Internet Boosters.