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Terms of Service

GREEN EARTH ZONE TERMS OF SERVICE 

Welcome to the Green Earth Zone! 

These are the terms of service (“Terms”) between you and Green Earth Zone (“GEZ” “we,” “us,” and “our”). You acknowledge that you have read, comprehend, and agree to all of the terms and conditions stated in this agreement by using the site and/or registering for a GEZ Account or service through our site. Before using this website, including any online features, contents, services, or programs offered on, by, or through this website, such as any text, materials, documents, images, graphics, logos, design, audio, video, and other information, offerings, or services provided from or on, uploaded to, and/or downloaded from the Website, please carefully read the following Terms (collectively, the “Website”) by or on behalf of the Green Earth Zone, a special economic zone created under United states law and under CATAWBA law (a Catawba Indian sovereign jurisdiction created under Tribal law of the Catawba Nation), Green Earth Zone Inc., a Catawba corporation, Nest Financial Group Inc., a Utah corporation, eTribe Inc., a Wyoming corporation, Seaphia SAS, a Colombian company, and Catawba Corporations, a Catawba corporation (collectively “GEZ Group” or “Counterparty”). As used in these Terms, references to “affiliate” include owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, licensing, and/or delivering all or any part of this Website. “Us” or “we” refer to each relevant Counterparty. 

In order to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms, you hereby represent and warrant that you are at least 18 years old, an emancipated minor, or the possess legal parental or guardian consent.

We reserve the right to make modifications to the Website, these Terms, and/or the services covered by these Terms at any time without prior notice. You will be deemed to have acknowledged and accepted the updated Terms if you continue to use this website after such modifications.

If you do not intend to be bound by these terms and conditions, please leave this website. By using this website, you agree to be bound by these terms.

Your Consent and Agreement to This Agreement. By accessing and using the Website, you consent to and agree to be bound by these GEZ Terms of Service (“Agreement”). If we decide to change these Terms, your use of the Website and/or the Online Service following any amendment of these Terms will signify your consent to and acceptance of its revised terms, and such amendment shall be deemed a part of the Agreement which supersedes any conflicting previous provision.

1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Website, no Counterparty warrants or represents that: (a) the Website is accurate, complete, up to-date or current; (b) any of them have any obligation to update the Website; (c) the Website is free from technical inaccuracies or typographical errors; (d) the Website does not infringe on the intellectual property rights of any third party; (e) that the Website is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete. Your use of the Website and the services offered therein are subject to Applicable Law. You understand and acknowledge that we cannot promise or guarantee specific results from using the Website. You understand and agree that temporary interruptions of the Website may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with the Website. You agree that all offerings available on the Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

2. SITE USE AND CONTENT. You may view, copy, or print pages from the Website solely for personal, non-commercial purposes or other purposes authorized herein. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from the Website without the express, prior, written consent of Counterparty. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of service fees associated with such access).

3. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.

a. DEFINITIONS. The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:

      • Payment Cutoff Time means 5:00 p.m. eastern Standard
      • Time on any Business Day and is the time by which you must transmit Payment Instructions for such Payment Instructions to be considered effective for that particular Business Day. Business Day means every day except Saturdays and Sundays. 
      • Linked Accounts means accounts associated with the GEZ Personal Registry, and the GEZ Entity Registry which may be interactive or concurrently accessible by you through the same username and password.
      • Payment Account means your personal or business checking, savings, or other financial account, such as a credit card, from which payments may be made by you.
      • Payee means the relevant Counterparty to which you direct a payment. This will be determined by the particular component of the Online Services you access and posted terms specific to that component.
      • Payment Instructions means the information provided by you for a payment to be made to Payee (i.e., banking account number, ABA number, payment date, payment amount, and any additional information).
      • Payment Due Date means the Business Day upon which your payment will be received by Payee and your Payment Account will be debited. Note: Your Payment Due Date may be no later than the “Due Date” set by Counterparty for your most current bill.
      • Pending Payment means a pending payment authorized by you through the Online Service that has not been debited to your Payment Account.
      • KYC – AML consists of a “Know your Customer / Anti-money laundering” procedure.

b. ONLINE ACCOUNT ACCESS. For certain types of features available through the Website, including the Online Account Access features (the “Online Service”’), we will either have a public access service, whereby any member of the public will have access to the Online Service (“Public Access Service”) or we will require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserlD”) and password after setting up a user account (“User Account”) for your Personal Registry, which wiII be private and will require a mandatory two-factor authentication (“Private Access Service”). For self-enrollment into the Private Access Service, you must provide Account-specific information to authenticate yourself. In these Terms, as to the Private Access Service, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). For the Entity Registry, you must submit the information required by Applicable Law and agree to comply with the applicable regulations to the entity type pursuant to the Applicable Law. As to the Private Access Service, you may never use another person’s User Account and/or UserlD with registering yourself as an Authorized User on that User Account. When your Online Service is linked to one or more Accounts, Counterparty may act on the written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify Counterparty if an Authorized User should no longer be given access to an Account through the Online Service.

c. USER ACCOUNT AND PASSWORD. You are ultimately responsible for protecting your password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify Counterparty of any unauthorized use of your UserlD, password and/or User Account, or any other breach of security by email are solely responsible for any activity that occurs with respect to your User Account and UserlD. We do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception, or interruption.

d. RELIANCE BY COUNTERPARTY. You will be bound by and authorize Counterparty to rely on your UserlD and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You will also be bound by and authorize Counterparty to rely upon your acceptance of any posted terms specifically relating to the component of the Online Service accessed (such as the non-refundability of payments, except as may be expressly waived by Counterparty) to the extent such posted terms are consistent with these Terms. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserlD and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that Counterparty may comply with the Payment Instructions entered by any person using your UserlD and Password in accordance with these Terms.

e. SECURITY. Counterparty may, but is not obligated, to use several different security methods to protect your Account and User Account information, including:

      • You can only access the Online Service with certain browsers that have high security standards.
      • The Online Service will require that you carry out a two-factor authentication to access the Online Account.
      • The Online Service will automatically log off if prolonged periods of inactivity occur.
      • In order to set up access with your Online Account you will need to be verified through a KYC – AML process.

f. ELECTRONIC COMMUNICATION.

      • Email and Online Message Center. When you enroll in the Private Access Service component of the Online Service, you must designate a primary email address that will be used for receiving electronic communication; To the extent that Counterparty maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Counterparty for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Counterparty. Counterparty will NEVER send you an email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Counterparty, do not respond to the email and notify Counterparty by email to techsupport@catawbadigital.zone.
      • Usage of Electronic Communication. By your enrollment in the Private Access Service component of the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that Counterparty may respond to any communication you send to Counterparty with an electronic communication, regardless of whether your original communication with Counterparty was an electronic communication. Any electronic communication Counterparty sends to you will be considered received within 7 calendar days of the date such communication is sent by computer servers utilized by Counterparty to the email address you designate in your account profile or posted to Counterparty’s online message center (if applicable). Any electronic communication you send to Counterparty will not be effective until Counterparty has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Counterparty immediately and, in no event, should your sole method of communication with Counterparty regarding any emergency be by electronic communication. Counterparty may require you to provide written confirmation of any verbal or electronic notice of alleged error by Counterparty.

g. PERMISSIBLE ACTIVITIES. You may perform the following activities with the Online Service as available, subject to posted terms specific to the service, whether you are using the Public Access Service or Private Access Service component of the Online Service,, as determined by the GEZ.

      • Access Services. You may access the available services related to the GEZ Entity Registry, and Personal Registry,
      • Account Inquiry. You may retrieve Account information (such as a balance due).
      • You may receive alert messages for certain circumstances.
      • Review Invoices. You may view electronic version of one or more Account Invoices. 
      • Payments. You may make payments to your Account from your Payment Account. Payments may only be made from credit cards, checking, or savings accounts and must be made in accordance with the terms of these Terms and any other applicable account agreements.

h. PAYMENTS. You authorize Counterparty to debit your Payment Account and remit funds on your behalf to the Payee. When Counterparty receives a Payment Instruction, you have authorized Counterparty to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize Counterparty to credit your Payment Account for payments returned to you by Counterparty.

i. DISCLOSURE OF ACCOUNT INFORMATION. Counterparty may disclose information to third parties about you, including email addresses, or your Account, in the situations described below and as otherwise set forth in Counterparty’s Privacy Policy. We will disclose such information:

      • where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
      • to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant;
      • to persons authorized by law in the course of their official duties, including but not limited to persons authorized by the Applicable Law;
      • to comply with a government agency, final arbitral award, or court order, such as a lawfuI subpoena;
      • to Counterparty employees, auditors, service providers, attorneys, or collection agents in the course of their duties; or
      • if you give Counterparty written permission

 

j. INSUFFICIENT FUNDS TO COMPLETE PAYMENT. You must have sufficient available funds or credit in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Payment will not be completed. Should a Payment fail because of insufficient funds in your Payment Account, an amount equal to Counterparty’s Returned Payment Fee then in effect will be applied to your Account. If, for any reason, your Payment Account company declines or otherwise refuses to pay the amount owed for the offerings or services you have purchased, you agree that we may, at our option, suspend or terminate your access to the GEZ Entity Registry and associated entity services and use of the Website and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

k. COUNTERPARTY’S LIABILITY FOR FAILURE TO COMPLETE PAYMENTS. If Counterparty debits your Payment Account incorrectly, Counterparty will be responsible for returning the improperly debited funds to your Payment Account. However, Counterparty will not be liable in the following situations:

      • You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;
      • Through no fault of Counterparty’s, you have insufficient funds in your Payment Account to make a payment;
      • Your computer, the software, phone lines, Counterparty’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
      • Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
      • Counterparty has reasonable basis to believe that unauthorized use of your UserlD, Password, or User Account or Account has occurred or may be occurring;
      • Counterparty or you have terminated your Online Service or closed your Account to which the UserlD was linked;
      • You have supplied your login information to another party; or
      • For any other reason specified in these Terms or any other agreement Counterparty has with you.

l. ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Counterparty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Counterparty has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

m. TERMINATION OF ACCOUNT. Subject to the terms of this Agreement, Counterparty reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by writing to Counterparty at techsupport@catawbadigital.zone. Any termination of your use of the Online Service, whether initiated by you or by Counterparty, will not affect any of your or Counterparty’s rights and obligations under these Terms that have arisen before the effective date of such termination. Your termination of Online Service will not effectuate a termination of any applicable Agreement.

n. ERRORS OR QUESTIONS ABOUT PAYMENTS. In case of errors or questions about Payments, you should notify Counterparty at once by email at techsupport@catawbadigital.zone or through the online message center (if applicable).

4. WEBSITE CONDUCT, POSTING POLICIES & THIRD-PARTY WEBSITES

a. THIRD-PARTY WEBSITES AND INFORMATION. This Website may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Website or party by us, or any warranty of any kind, either express or implied.

b. PROMOTIONS. From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

5. INTELLECTUAL PROPERTY

a. CONTENT. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed, used, or accessed by users on our Website and is owned or licensed by one or all of Counterparty.

b. OWNERSHIP OF CONTENT. By accepting these Terms, you agree that all content presented to you on this Website is protected by any and aII intellectual property and/or other proprietary rights available within the GEZ and protected by treaties governing the Catawba Indian Nation and is the sole original or licensed property of one or all of Counterparty. Without limitation, the following are registered trademarks, trademarks, or service marks of GEZ Group All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of one or all of Counterparty by ownership or license. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of any Counterparty. Certain of the ideas, software and processes incorporated into the offerings and services available on this Website are protected by patent applications pending in the United States and elsewhere, and we may prepare and file additional patent applications in selected foreign jurisdictions.

c. LIMITATIONS ON USE OF CONTENT. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Website in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Website content violates our intellectual property interests and could result in criminal or civil penalties.

d. NO WARRANTY FOR THIRD-PARTY INFRINGEMENT. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.

6. CONTENT YOU CREATE OR PROVIDE.

a. CONFIDENTIAL INFORMATION. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by GEZ and will not be returned to you.

7. EMAIL SERVICES & DATA STORED

a. EMAIL SERVICE. We may make email services available to users of our Website, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under Applicable Law or by court or governmental order. Further information is available in our Privacy Policy.

b. STORAGE PROVIDED BY US. All personal data or Content that is transmitted through or created on the Website is handled and stored by or at the direction of the GEZ, under Applicable Law as governmental authorities. If you store personal data of any kind with us, you understand and agree to abide by the relevant posted terms. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Website. You acknowledge that we reserve the right to suspend and/or limit access to the GEZ Entity Registry accounts which have not made any required payment, that remain inactive for longer than TWO (2) YEARS, or in cases where you have violated one or more Terms.

8. DISCLAIMER

THIS WEBSITE AND ALL CONTENT, SERVICES AND OFFERINGS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

COUNTERPARTY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COUNTERPARTY SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY SERVICES, PRODUCTS OR CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

BY USING THE WEBSITE, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY PRODUCTS, SERVICES OR OFFERINGS PROVIDED BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OF SUCH MERCHANDISE, SERVICES AND YOU.

GEZ MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, INCLUDING ANY OFFERINGS, SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS WEBSITE SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

9. LIMITATION OF LIABILITY & INDEMNIFICATION

YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS AND YOUR USE OF THIS WEBSITE SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR OFFERINGS PURCHASED ON THE WEBSITE DURING THE TWELVE (12) MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY, EXCEPT AS MAY OTHERWISE BE PROVIDED BY YOUR AGREEMENT.

IN NO EVENT SHALL ANY OF COUNTERPARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE; INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. (F) ANY LIABILITY FOR ANY OF USER´S TAXATION OBLIGATIONS UNDER ANY STATE OR FEDERAL STATUTE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COUNTERPARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

FURTHERMORE, YOU ACKNOWLEDGE THAT RELATED ENTITIES AND PERSONS ARE OR COULD BE IN POSITIONS OF CONTROL AND AUTHORITY OVER ANY OR ALL OF COUNTERPARTY, AND EACH HAS OR MAY DERIVE A PECUNIARY GAIN DIRECTLY OR INDIRECTLY FROM DECISIONS MADE BY A RELATED ENTITY IN CONNECTION WITH THE WEBSITE. IN RECOGNITION OF THE PRACTICAL NECESSITY OF SUCH JOINT CONTROL AND AUTHORITY DUE TO THE ORGANIZATIONAL AND DEVELOPMENTAL PHASE IN WHICH THE GEZ IS OPERATING, AND ITS “STARTUP GOVERNMENT” NATURE, YOU WAIVE AND DISCLAIM ANY CLAIM THAT A BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY, OR FIDUCIARY FRAUD WOULD RESULT OR SHOULD BE PRESUMED BASED ON ANY ACTUAL OR APPARENT CONFLICT OF INTEREST THAT HAS ARISEN OR MAY ARISE IN ANY WAY, WHETHER DIRECTLY OR INDIRECTLY, FROM THE CONTINUATION OF JOINT CONTROL AND AUTHORITY OVER ANY OR ALL OF COUNTERPARTY BY RELATED ENTITIES AND PERSONS.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COUNTERPARTY INCLUDING SUBSIDIARIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, LIABILITIES, JUDGMENTS, LOSSES, DAMAGES, EXPENSES AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) ASSESSED OR INCURRED BY COUNTERPARTY, DIRECTLY OR INDIRECTLY, WITH RESPECT TO OR ARISING OUT OF: (I) YOUR FAILURE TO COMPLY WITH THESE TERMS; (II) YOUR BREACH OF YOUR OBLIGATIONS UNDER THESE TERMS; (III) YOUR USE OF THE RIGHTS GRANTED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY CLAIMS MADE BY ANY THIRD PARTIES; AND/OR (IV) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

COUNTERPARTY DOES NOT INTEND TO PROVIDE ANY INVESTMENT OR TAX ADVICE OR INFORMATION RELATING TO ITSELF OR ANY COUNTERPARTY IDENTIFIED ON THE WEBSITE, NOR DOES IT CONSIDER USERS CONTENT, POSTS OR COMMENTS TO BE INVESTMENT OR TAX ADVICE. NEVERTHELESS, THE WEBSITE MAY, FROM TIME TO TIME, CONTAIN INFORMATION ON BUSINESS AND DIGITAL ASSET REGULATION, OR FINANCIAL CONDITION OF CERTAIN OTHER INDIVIDUALS AND COMPANIES, ENTITIES INCLUDING USERS FOR WHICH USERS MUST FIND APPROPRIATE LEGAL COUNSEL. COUNTERPARTY CAUTIONS THAT THERE ARE VARIOUS IMPORTANT FACTORS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE INDICATED IN THE INFORMATION YOU MAY ENCOUNTER ON THE WEBSITE. ACCORDINGLY, THERE CAN BE NO ASSURANCE THAT SUCH INDICATED RESULTS WILL BE REALIZED. THESE FACTORS INCLUDE, AMONG OTHER THINGS, LEGISLATIVE AND REGULATORY INITIATIVES REGARDING REGULATION OF COMPANIES AND DIGITAL ASSETS; POLITICAL AND ECONOMIC CONDITIONS AND DEVELOPMENTS IN CATAWBA LAND AND LAND UNDER TRUST IN OTHER STATES IN WHICH THE ENTITIES AND COMPANIES DISCUSSED UNDER THIS AGREEMENT AND ON THE WEBSITE OPERATE; TAX REGULATIONS AND FINANCIAL MARKET CONDITIONS AND THE RESULTS OF FINANCING EFFORTS; AND CHANGES IN TAXATION, REAL ESTATE AND COMMODITY PRICES AND INTEREST RATES.

10. TERMINATION OF USE

a. GROUNDS FOR TERMINATION. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms, non-compliance with the Applicable Law and in the event that an entity is dissolved and/or terminated pursuant to the Applicable Law. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Website, and reporting you to the proper authorities, if necessary. However, the foregoing is subject to the terms of your Agreement.

b. NO RIGHT TO OFFERINGS UPON TERMINATION. Upon termination and regardless of the reason(s) motivating such termination, your right to use the services and offerings available on this Website will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Liability for any unpaid fees and any intellectual property rights license granted by you to us shall survive any termination. 

11. MISCELLANEOUS PROVISIONS

a. EXTERNAL TO GEZ/INTERNATIONAL USE. Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products and services purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited. Access to the Website from jurisdictions where such access is illegal is prohibited. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the GEZ and the jurisdiction in which you reside (if different from the United States).

b. APPLICABLE LAW. This Website (excluding any Third Party websites) is controlled by the GEZ, and the law promulgated by and applicable in the GEZ and the Catawba Nation shall be controlling, such as the Civil Zone Ordinance, the CATAWBA commercial code Sections, without regard to the conflicts of laws principles thereof, legal or political instability precludes direct application of GEZ Law, then you shall be contractually bound to be governed by the rules published at https://zoneauthority.io to the furthest extent permitted by CATAWBA Tribal law (all of the foregoing shall be deemed the “Applicable Law”). You agree and hereby submit to the exclusive personal jurisdiction and venue of the Catawba Nation Tribal Court as provided by the Catawba Nation Arbitration Ordinance, as amended from time to time. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over any Counterparty outside of the GEZ. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, as may be applicable, and judgment on the award rendered by the arbitrator(s) may be entered in the Catawba Nation Tribal Court.

c. NO RESALE RIGHT. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Website, or use of or access to this Website or services, products or offerings provided through this Website, beyond the limited rights granted to you under these Terms.

d. FORCE MAJEURE. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products, services and offerings available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

e. SAVINGS CLAUSE. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

f. NO WAIVER. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

g. ENTIRE AGREEMENT. Your Account linked to the Online Service will also be governed by the agreements, disclosures, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically, as well as any posted terms specifically relating to the component of the Online Service accessed. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency. Otherwise, these terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, as well as the posted terms governing the specific component of the Online Services that you may purchase, if any. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s) except as expressly authorized herein. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence.

12. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Counterparty’s Privacy Policy as may be linked to this Website (“Privacy Policy”).

13. AVAILABILITY. Information that Counterparty publishes in the Website may contain references or cross-references to products, programs or services of Counterparty that are not necessarily announced or available in your area. Such references do not mean that Counterparty will announce any of those products, programs, or services in your area at any time in the future. You should contact Counterparty for information regarding the products, programs and services that may be available to you, if any.

14. ON-TRANSFERABILITY OF USER ACCOUNT. 

User Accounts and UserlDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserlD and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Counterparty unless acknowledged by Counterparty in writing. Counterparty has no obligation to provide you with written acknowledgment. Counterparty may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

15. CUSTOMER COMMENTS. We welcome the submission of comments, information, or feedback through the Website. By submitting information through the Website, you agree that the information submitted shall be subject to the Counterparty Privacy Policy.

16. ENGLISH VERSION CONTROLLING. These Terms may be translated into Spanish and other languages; however, the English version of these Terms shall be controlling.