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Legal Terms: Collaborative Development Memorandum

THE KONKRETE COMPANY OF NORTH AMERICA, LLC
COLLABORATIVE DEVELOPMENT MEMORANDUM
(Hereby made a part of Legal Terms)

YOU MUST READ, ACCEPT AND ACKNOWLEDGE THE TERMS OF THIS MEMORANDUM BEFORE REGISTERING TO BECOME A KONKRETE™ COLLEAGUE (“Colleague”).

This Collaborative Development Memorandum of Understanding (“MOU”) is made between The Konkrete Company of North America, LLC (the “Konkrete Company” or “Company”) and you. This MOU sets forth certain terms and conditions for becoming a Colleague and working collaboratively with the Company to develop the Konkrete™ Economy and Financial Ecosystem (“Economy” or “Ecosystem”). In consideration of mutual covenants and for valuable consideration, you hereby agree as follows:

  1. You must be 18 years old or older. You will be an independent contractor and not an employee of the Konkrete Company. As an independent contractor, you are solely responsible for all applicable taxes, including self-employment tax, and for obtaining any and all necessary licenses, permits, and government approvals to conduct business. You will not be treated as an employee for tax purposes.
     
  2. You understand and agree that any violation of this MOU or the Konkrete™ Companies Policies and Procedures and the Company’s Legal Terms, which are incorporated herein by reference, may result in the suspension or termination of your user account. You agree to comply with all the terms and conditions of the Policies and Procedures and Legal Terms in their most current form and as may be amended from time to time by the Konkrete Company. You shall not distort or misrepresent the Company’s purposes, the Economy, or your role and relationship with the Company. Colleagues are not legal agents of the Company and thus have no management, membership or voting interests in the governance of Company, and Colleagues shall not represent or make any statement to the contrary.
     
  3. You understand and agree that the Konkrete Company may amend, modify, supplement, revise, or repeal all or any part of the Development Guide at its sole discretion. Any changes become effective immediately upon notice, which may be provided to you via e-mail, mailer or displayed on the Company’s Website at https://Konkrete.co. Your continued participation as a Company Colleague will be deemed acceptance of such changes.
     
  4. This MOU shall be deemed accepted by the Konkrete Company when the Company issues you a registration acceptance letter or e-mail notification. The term of this MOU is 12 months from the date the Company issues its registration acceptance letter or e-mail notification and will automatically renew every 12 months thereafter unless your user account remains inactive as defined in the Company’s Legal Terms (which include but are not limited to the Company’s Privacy Policy, Terms of Service, User Agreement, Registered User Acknowledgment, Policies & Procedures, Marketing and Compensation Plan, and Development Guide, together with any mobile licensing agreements, and other posted guidelines within the Company’s Website and/or Products and Services). Your registration renewal fee will be automatically charged (if possible) to the credit card denoted in your user account every 12 months thereafter unless your user account has been previously terminated by you or by the Company. You must maintain an active user registration and account to preserve your rights as a Company Colleague. By maintaining an active user registration you agree to abide by all requirements and provisions detailed in the Legal Terms, including the Company’s right to modify any portion of the Legal Terms when necessary at its sole discretion.
     
  5. Governing Law and Jurisdiction: Any dispute or claim arising out of or relating to (i) this MOU, (ii) the Legal Terms, (iii) your use of the Company’s Website, (iv) any of the Company’s Products or Services, or (v) your relationship with the Konkrete Company, its Work Force, or other customers and Colleagues, shall be governed by the laws of the State of Wyoming, USA. You and the Company hereby agree that if any such disputes or claims arise, if the disagreeing parties cannot resolve the dispute to their mutual satisfaction, the matter shall be settled by Biblically-based mediation and, if necessary, legally binding arbitration in accordance with the then current Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation. In any event that the Institute for Christian Conciliation ceases to exist and the services of a similar faith-based mediation group are unavailable, arbitration under this Section shall be conducted according to the rules of the American Arbitration Association. The arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the Legal Terms and this MOU. All arbitration decisions shall be final, binding and conclusive on all the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so. The parties shall initially bear their own costs related to any mediation or arbitration proceeding including payment of their own attorneys’ fees. Either party may file a motion seeking temporary injunctive relief from a court of competent jurisdiction in order to maintain the status quo until the underlying dispute or claim can be submitted for mediation or arbitration.
     
    You hereby expressly waive your rights to file a lawsuit in any civil court except small claims court against the Konkrete Company, its Work Force, or any other customers or Colleague of the Company for such disputes, to the maximum extent permitted by law, except to enforce an arbitration decision. Furthermore, to the maximum extent permitted by law, you hereby agree to waive your rights to file any claim or counterclaim against the Company, its Work Force, or any other customers or Colleagues of the Company except on an individual basis and not with any other customer, Colleague, agent, or other party as part of a class action. These methods shall be the sole remedy for any controversy or claim that arises and shall in no way affect the authority of the Company to terminate any Colleague’s user account for conduct unbecoming of a Company Colleague and Christian member of The Church as detailed in the Legal Terms.
     
  6. The Konkrete Company makes no representations or warranties regarding its Website, Products and Services, or Software, or that of its Colleagues, including warranties of merchantability, fitness of purpose or testimonials. You should not rely on any representations or warranties, if any, therein contained.
     
  7. The ultimate growth and success of the Economy will be largely and directly determined by individual efforts plus the participation and support of many other Christians. Your success as a Colleague will result from hard work, diligence, and leadership. The level of your success will depend upon how effectively all these qualities are exercised by you personally and collectively by everyone involved in the collaborative development of the Ecosystem.
     
  8. This MOU, together with the Legal Terms, contains the entire understanding of the parties regarding your relationship with the Konkrete Company and supersedes any prior agreements or understandings that may have existed. If any portion of this MOU or the Legal Terms is held to be unenforceable, the rest of this MOU and the Legal Terms will continue to apply. Any failure by the Company to enforce any provision of this MOU or the Legal Terms does not waive the Company’s right to enforce the same provision in the future.
     
  9. You agree to read, accept, and acknowledge the Company’s complete Legal Terms within thirty (30) calendar days of submitting your application for registration. You may cancel this MOU within thirty (30) calendar days of registering with the Company in writing. Upon cancellation, you will be entitled to a full refund of any payments made during the thirty-day period, including the costs of initial registration, if any, and corresponding National Business Unit (NBU) or Nonprofit Philanthropic Unit (NPU) subscriptions.
     
  10. You hereby grant the Konkrete Company consent to periodically contact and/or send you, by any available means, various informational, educational, and promotional materials regarding the Company including, but not limited to, its Products and Services, its development activities, the Christian Faith and practice, business incentives or inquiries, and other related items.
     
  11. The Konkrete Company shall diligently watch over and work to keep all personal or confidential Colleague records private. The Company shall only disclose personal or confidential records if first authorized to do so in writing by you, or as is otherwise lawfully demanded or required by proper regulatory authorities.
     
  12. As a Colleague, you also agree to actively participate as a member of Konkrete NGO, our nonprofit parent company (a Wyoming nonprofit corporation). Members of Konkrete NGO are nonvoting with regard to governance issues, have no rights or authority to bind or encumber the company in any manner, financial or otherwise, and are not liable for any debts, liabilities, or other obligations of the company. Rather, members of Konkrete NGO have significant rights and opportunity to provide input and feedback to its Board of Trustees regarding anything that affects its governance, ministry, and business affairs as the sole shareholder and ultimate overseer of the Konkrete Company’s Purposes, business goals and objectives, executive management, financial strength and position, and all other matters that directly or indirectly impact you as a Colleague of the Konkrete Company. Your membership in Konkrete NGO will be granted at the same time that the Konkrete Company issues you an acceptance letter or e-mail notification, and will end if your tenure as a Colleague with the Company is voluntarily or involuntarily terminated.

 

Updated and effective April 1, 2021.
Copyright © 2021 | All rights reserved.

The Konkrete Company of North America, LLC
1309 Coffeen Ave, STE 2522
Sheridan, WY 82801
Office@Konkrete.co