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Legal > Membership Terms

Last Updated: October 19, 2013

This Agreement describes the terms and conditions ("Terms") pursuant to which You may participate as a member of the Proservative® Group, personally addressed as a Proservative® ("You / Your / Yourself"). Please read this Agreement carefully as purchase and/or practice of membership in The Proservative® Group constitutes Your binding acceptance of these Terms, including any modifications We may make. In consideration of the The Silo, LC d/b/a The Proservative® Group ("We / Us / Our / Ours") granting You membership status in The Proservative® Group as a Proservative®, you hereby agree as follows:


Core Proservative® Principles

These (13) Thirteen Core Proservative® Principles ("Principles") form the heart and soul of what it means to be a member of The Proservative® Group. The meaning and spirit of these Principles may not be modified in any way, shape, or form, at any time, locking in what it means to be a Proservative® for future generations to securely identify with and hold on to forever.

1. PRO-Life - Protecting the Life of the Unborn from the Moment of Conception

  • Believe human life begins at conception, and as such, unborn life should be fully protected under the U.S. Constitution
  • Oppose government funds expended on programs and/or services that involve abortions or use of embryonic cells

2. PRO-Family - The Family is the Cornerstone of American Society, Valued Above All Else

  • Believe the family to be the core, essential unit of American society
  • Protect and secure parental rights from an increasingly intrusive and overbearing government
  • Support marriage privatization, believing marriage/matrimony to be a religious function, and not a state function
  • Believe parents, not government, know what is best for their children

3. PRO-Constitution - Support, Defend Against All Enemies, Foreign and Domestic

  • Solemnly swear, or affirm, to support and defend the Constitution of the United States against all enemies, foreign and domestic, bearing true faith and allegiance to the same

4. PRO-Second Amendment - The Right to Keep and Bear Arms for Self-Defense

  • Believe the Second Amendment of the U.S. Constitution guarantees United States citizens, "We the People", the right to keep and bear arms, for self-defense and to secure a free State
  • Oppose gun control laws, knowing they do not prevent law-breaking criminals from obtaining guns
  • Believe more guns in the hands of law-abiding citizens mean less crime

5. PRO-Lower Taxes - In Favor of Cutting and/or Eliminating Taxes Wherever Possible

  • Cut and/or eliminate taxes wherever possible, putting money back into the pockets of hard-working Americans
  • Support the elimination of the income tax and the repeal of the Sixteenth Amendment of the U.S. Constitution, which, when ratified in 1913, allowed the previously illegal and unconstitutional income tax to become legal
  • Reduce and/or eliminate the property tax
  • Believe that the people know better how to spend their hard-earned income than the government does

6. PRO-Limited Government - Deriving Their Powers from the Consent of the Governed

  • Believe as is written in the United States Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their powers from the consent of the governed."
  • Committed to shrinking the size, scope, and power of government
  • Support term limits for elected officials

7. PRO-Strong National Defense - Support Military, Protect Freedoms, Secure Borders

  • Secure and protect our nation's borders from those who would practice unlawful trade and travel, attempt to enter our country illegally, or seek to harm our United States and its people
  • Wage wars only when they have been declared by Congress and have clear objectives
  • Avoid long and expensive land wars and nation building
  • Stop transferring wealth from Americans to rich dictators and the military-industrial complex through foreign aid

8. PRO-States Rights - States Authority Over All Matters Not in Article I of the U.S. Constitution

  • Believe the individual states should retain authority over all matters not expressly delegated to the federal government in Article I of the U.S. Constitution

9. PRO-Fiscal Discipline - Require Governments to Maintain a Balanced Budget

  • Committed to cutting the federal budget, paying off our national debt, and requiring all federal, state, and local governments to maintain a balanced budget with no deficit spending
  • Support a Balanced Budget Amendment to the U.S. Constitution that would require the federal government to not spend more than its income
  • End government sponsored, taxpayer funded corporate welfare, bailouts, and subsidies

10. PRO-Free Markets - Eliminate Burdensome Regulation or Control by Government or Monopolies

  • Support free markets unhindered by external regulation or control by government or monopolies
  • Eliminate burdensome government regulations, particularly on small business
  • End government sponsored, taxpayer funded corporate welfare, bailouts, and subsidies
  • Support free trade with all countries, rejecting protectionism
  • Discourage restrictive trade quotas and protectionist tariffs
  • Embrace Capitalism as the best method of elevating people out of poverty

11. PRO-School Choice - Allow Parents to Choose How Best to Educate Their Child

  • Reduce the reach of centralized government in the schools and return control over school curricula, funding, and administration back to parents and local communities
  • Support the right of state and local school districts, under the Tenth Amendment of the U.S. Constitution, to implement education voucher plans
  • Reject federal government-controlled school voucher plans, preferring federal education tax credits instead

12. PRO-Property Rights - Oppose Eminent Domain Abuses, Cut and/or End Property Taxes

  • Reduce and/or eliminate the property tax
  • Oppose eminent domain abuses, only allowing property to be seized for clearly defined public use reasons and not for private gain, benefit, private employment, increasing tax revenue, or "economic development", with just compensation made to the property owner in money to fully cover what he or she has lost in property
  • Stand against unreasonable searches and seizure of personal property, strictly adhering to the Fourth Amendment of the U.S. Constitution protecting every citizen's right to be free from unreasonable government intrusion into his or her body, house and property - whether in public, or at home, work or school
  • Protect intellectual property by providing inventors, innovators, artists and others the limited but exclusive right to their discoveries, patents, copyrights, and trademarks, in order to "Promote the Progress of Science and Useful Arts"

13. PRO-Sound Money - Allow Competition in Currencies, Gold & Silver as Legal Tender

  • Allow open competition of currencies, including electronic/digital forms of currency
  • Allow gold and silver as legal tender, able to be sold without being levied sales tax
  • Oppose use, creation of money that derives its value from government regulation or law, known as fiat currency
  • Eliminate the ability of the Federal Reserve to "tax" Americans through monetary inflation, which reduces the purchasing power of the currency Americans are holding

Legal Definition of a Proservative®, Membership Requirements

As a Proservative®, You must always observe and abide by the following Membership Requirements:

1. You are a legal resident of the United States of America.

2. You are (18) eighteen years of age or older (Junior Memberships will be available soon).

3. You possess good moral character and will treat fellow Proservative®s with mutual respect and common decency.

4. You solemnly swear, or affirm, that you will always support and defend Our Principles, in both word and action.

  • Your vote for or support of a candidate running for public office does NOT constitute "word and action" with respect to supporting and defending Our Principles.
  • Your vote for specific legislation DOES constitute "word and action" with respect to supporting and defending Our Principles.

5. We expect You to submit and maintain accurate and current account information in connection with Your membership. Such information includes name, address, email address, and telephone number. You can change Your account information by (i) updating Your Member profile data through Your authenticated Proservative.us member account, or (ii) calling Member Services at 1-866-PRO-9919. We cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.


Members Usage of the Proservative® Trademark and Logo

Proservative®, the Proservative® Eagle Emblem Logo, Proservative.us are owned and/or licensed trademarks, service marks, membership marks, and/or logos of the The Silo, LC d/b/a The Proservative® Group ("IP"). All Our owned and licensed trademarks, service marks, membership marks and logos appearing on Proservative.us and published material and/or content by The Proservative® Group are the property of Ours and/or of their respective owners, and all rights in those trademarks, service marks, membership marks and logos are reserved. Your usage of any of Our IP is bound by the following rules:

1. You may address Yourself in speech and text as being a Proservative®, without including the actual term "member". The Proservative® mark is used in place of the word "member". Example: "I am a Founding Proservative®".

2. Proper usage of the Proservative® mark is as a noun (as shown above) and not a description and/or adjective. Example of how NOT to use the mark: "I am a Proservative® American." Instead, You would use Our mark as used in the following example: "I am an American AND a Proservative®."

3. In all written material, the mark is to be written "Proservative®" with the "P" always capitalized and the registration symbol "®" used at least the first time such mark appears in the body of said material. Where practical, the registration symbol "®" should be used in all appearances of Our mark.

4. At least the first occurance of the Proservative® mark should include a footnote or other reference to the definition of the mark, located at the bottom of each page of said written material:

"Proservative® is a federally registered collective membership mark which identifies a legal resident of the United States of America who is a member of The Proservative® Group and has taken an oath to support and defend its (13) Thirteen Core Principles in both word and action."

5. You may include the Proservative® mark on Your personal signature and business cards using the following format: John Doe, Proservative®. You may also advertise businesses You own as being "owned by a Proservative®", however may NOT include Our Proservative® mark in any business or website domain names.

6. You may precede the Proservative® mark with the type of membership status You currently hold. Current examples include: "Founding Proservative®", "Lifetime Proservative®".

7. All other descriptive words or phrases, besides the membership status, are never to be used to modify the Proservative® mark. Examples of how NOT to use Our mark with descriptive words or phrases include: "Your leading Proservative®", "A true Proservative®", "The Proservative® with integrity."

8. Our Proservative® Eagle Emblem Logo may NOT be used by You on any merchandise being commercially sold including, but not limited to, T-Shirts, Sweaters, Hats, Mugs, Calandars, Bags, etc. Any such merchandise must be purchased through Our online Proservative® store, the PRO-Shop.

9. You may use Our Proservative® Eagle Emblem Logo on any written non-commercial material that serves to identify you to fellow members, as well as the general public, as a Proservative®. At no time should You use Our Proservative® Eagle Emblem Logo in conjunction with commercial and/or business advertising.

10. As a candidate for public office, You may advertise Yourself as being a Proservative® both during the election and, if the general election is won, as an elected official as long as You continue to retain good standing as a Proservative®.

11. Non-members are never authorized to use our IP in reference to or in connection with their businesses or themselves.


Membership Dues

Standard Annual Membership dues are currently $30. There are also multiple-year term membership packages available that offer a discount off standard Annual Membership dues rates. A Lifetime Membership package is also available for a one-time dues payment. The dues payment for Lifetime Membership may be setup with our "Flex Pay Lifetime" service, allowing You to make quarterly or monthly payments toward the dues amount, while enjoying the benefits of standard membership. With "Flex Pay Lifetime", once the dues amount for Lifetime Membership is paid in full, Your membership status will be upgraded to Lifetime Member. Membership dues are currently subject to taxation in accordance with applicable federal or state law, and are not yet tax-deductible. Membership dues do not include applicable taxes. We may change the rates for membership dues at any time, but changes will apply only to new and renewal memberships. Membership dues are not refundable.


Term; Renewal, Automatic Renewal; Flex Pay Lifetime; Billing

The membership term is indicated on each membership package offered by The Proservative® Group, beginning on the date of purchase. Current renewable membership packages include 1-year, 2-year, 3-year, and 5-year terms. The Lifetime Membership package requires no renewal. A Renewal or Automatic Renewal within a current membership term extends the existing expiration date of the membership by the term of said membership package; such renewal term begins the day after the current term ends. When an expired membership is renewed, the new membership term will become that of the new membership package purchased, beginning on the date of renewal.

If You have opted-in to Automatic Renewal, membership will automatically renew (referred to as "Automatic Renewal Membership") for additional yearly terms corresponding to the term of the membership package being renewed, that will commence on the day after the previous term ends. Automatic Renewal can be enabled by: i) notifying Member Services by telephone, at 1-866-PRO-9919, of your decision to opt-in to Automatic Renewal Membership; (ii) by electing to opt-in to Automatic Renewal Membership through Your authenticated Proservative.us member account; (iii) or by electing to opt-in to Automatic Renewal Membership during your initial membership enrollment.

Automatic Renewal Membership fees will be billed according to the yearly terms of Your membership package and charged automatically to the credit or debit card (other than a debit card that always requires a PIN) You provided when You enrolled in membership or the form of payment We currently have on file for You, in the amount of the then current membership package dues, approximately one month prior to Your membership expiration date.

If You have purchased a Flex Pay Lifetime membership package, Your Lifetime Membership dues will be divided into (42) forty-two equal payments, invoiced and due either monthly or quarterly, according to the terms of Your membership package ("Flex Pay Lifetime Payment"). Automatic Flex Pay Lifetime Payment can be enabled by: i) notifying Member Services by telephone, at 1-866-PRO-9919, of your decision to opt-in to Automatic Flex Pay Lifetime Payment; (ii) by electing to opt-in to Automatic Flex Pay Lifetime Payment through Your authenticated Proservative.us member account; (iii) or by electing to opt-in to Automatic Flex Pay Lifetime Payment during your initial membership enrollment.

Automatic Flex Pay Lifetime Payment will be charged automatically to the credit or debit card (other than a debit card that always requires a PIN) You provided when You enrolled in membership or the form of payment We currently have on file for You, in the amount of the current Flex Pay Lifetime Payment due, on the monthly or quarterly anniversary date of Your first day of membership, until such Lifetime Membership dues are paid in full.


Membership Terms Violation

You may file with Us a complaint of an alleged Membership Terms Violation committed by a fellow Proservative® within (180) one hundred eighty days from the time such violation or misconduct has occured. Such complaint should include:

  • Citation of one or more of the Membership Terms You believe the Proservative® in question has violated
  • Citation of one or more of Our Principles You believe the Proservative® in question has NOT supported or defended, disregarded, and/or worked in opposition against, if applicable
  • Narrative description, including both words used and/or actions taken by the Proservative® in question, of the circumstances that lead You to believe he or she has committed a Membership Terms Violation
  • Clear, strong, and convincing proof which will produce a firm belief or conviction as to the allegations sought to be established against said Proservative®

We will review such a complaint, within (30) thirty days of its submission to Us, to determine if the allegations made, if taken as true, might support a violation of the Membership Terms cited in the complaint. If We determine the complaint to be valid, We will request a response from the accused Proservative® to the allegations made against him or her. This response is to be received no later than (30) days from the date such a request is sent by Us if the response is to be taken into consideration when ruling on said complaint.

Upon final review of the complaint, with full consideration shown to any response to the complaint received from the accused Proservative®, We will make a final decision as to whether or not the accused Proservative® has, in fact, violated Our Membership Terms.

If it is ruled that the accused Proservative® did indeed commit a Membership Terms Violation, We, in our sole discretion, taking into account the severity of the current violation, along with any past such complaints or Membership Terms Violations, will determine if the membership of said Proservative® should be terminated. Not supporting or defending, showing disregard for, and/or working in opposition against any one of Our Princples is grounds for immediate termination of membership.


Cancellation; Termination

(a) You have the right to cancel your membership at any time. You may cancel your membership by: (i) calling Member Services at 1-866-PRO-9919, or (ii) contacting us via email at members@proservativegroup.us.

(b) We may terminate Your membership in accordance with Our Membership Terms Violation policy, as outlined in these Membership Terms. We may also terminate Your membership, without notice, if, in Our sole discretion, including without limitation our belief that Your continued membership with Us would pose an immediate or imminent threat of severe harm to the interests, image, goodwill, IP, and/or reputation of The Proservative® Group. In the event of any such termination, any and all honors, awards, titles bestowed on You by Us during the course of Your membership will be revoked, and You will not be entitled to a refund of Your membership fee.

(c) Upon cancellation or termination of Your membership, any and all member benefits You receive will also be terminated.


Member Privacy Policy

As a Member, the information we capture will subject to Our Privacy Policy, located at http://www.Proservative.us/legal/privacy-policy, as amended from time to time in accordance with its terms.


Disclaimers; Limitation of Liability

PARTICIPATION AS A PROSERVATIVE® AND USE OF ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

THE SILO, LC D/B/A THE PROSERVATIVE® GROUP, AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) MEMBERSHIP IN THE PROSERVATIVE® GROUP WILL MEET YOUR REQUIREMENTS, OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR PARTICIPATION AS A PROSERVATIVE® WILL MEET YOUR EXPECTATIONS.

MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ANY MEMBER BENEFITS THEREOF; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PROSERVATIVE® ACCOUNT DATA; OR (iii) ANY OTHER MATTER RELATING TO MEMBERSHIP IN THE PROSERVATIVE® GROUP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.


Governing Law

This Agreement, its Terms, and the respective rights and obligations of the parties hereunder, shall be governed by and will be interpreted under the laws of the State of Nevada, United States of America, without reference to conflicts of laws and without regard to the location of execution or performance of this agreement.


Binding Arbitration

Any controversy or claim arising out of or relating to these Terms (including any breach thereof) or membership in The Proservative® Group shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude The Silo, LC d/b/a The Proservative® Group from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).


Acknowledgement

This Agreement, its Terms, including all documents referenced herein, represents the entire understanding between Us and You with respect to Your membership in The Proservative® Group and supercedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. By purchasing and/or practicing membership in the Proservative® Group, You are deemed to have accepted the terms and conditions of this Agreement.


Changes to This Agreement

We reserve the right at Our sole discretion to change, modify, add or remove portions of these Terms, excluding the meaning and spirit of Our Principles which can never be modified, at any time without notice or liability, and such modification shall become effective upon posting on the Site, unless otherwise provided. You may view the current version of these Terms at any time online at http://www.Proservative.us/legal/membership-terms. You may also obtain a copy by calling Member Services at 1-866-PRO-9919. Your continued participation as a Proservative® following any such modification shall be conclusively deemed to be your acceptance of such modification.