Terms of Service
Tree of Plenty Cooperative “TOP”/OrangeBee Money Global, Inc. (OBMG) Terms of Service
Tree of Plenty Cooperative, Inc. (TOP), is Administered by OrangeBee Money Global Inc “OBMG”. For this Agreement TOP and OBMG are interchangeable.
Last updated January 01, 2017
OrangeBee Money Global, Incorporated (OBMG) means all of the services we offer relating to OBMG including transactions, but not limited to our Complementary Currency Systems, Barter Systems, Alternative Money Systems, and Cooperatives whether such services are provided via our website at the TOP/OBMG, or any other OBMG branded or co-branded websites or mobile applications that link to or reference these Terms of Service, or other communications media, such as telephone and mail, and any feature, media, or software that is part of such website, mobile application, or communication, including any OBM Global Advantage Cards) (see below) we may provide to you.
MINIMUM AGE REQUIREMENT
To access or use OBMG, you must be either:
- 18 years of age or older and have the requisite power and authority to enter into these Terms of Service; or
- 13 years of age or older and have the permission and supervision of a parent or legal guardian who has reviewed and agreed to these Terms of Service.
Any other persons are not permitted to use OBMG.
OBM Global Advantage Cards
We may issue OBM Global Advantage Cards linked to Member’s OBMG account according to Member’s Membership Agreement. Additional OBM Global Advantage Cards will be issued on your account only with your written authorization (electronic authorization will suffice for this purpose) or that of any authorized agent you designate to us in writing. Member is responsible for maintaining the security of and restricting access to all OBM Global Advantage Cards issued to your membership account (including those held by your additional cardholders) and maintaining the confidentiality of any and all your account passwords. Lending your OBM Global Advantage Cards to others is discouraged and is at your own risk; you are responsible for all charges made on OBM Global Advantage Cards you lend to others. OBM Global Advantage Cards are not transferable and not assignable. If Member’s OBM Global Advantage Cards Card is lost or stolen, or you think someone used your account without permission, tell us immediately by calling OBMG. You may be responsible for purchases made with your OBM Global Advantage Cards more than twenty-four (24) hours before you notify us that your OBM Global Advantage Cards has been lost, stolen, or used without your permission (whether such purchases were authorized by you or not). OBM Global Advantage Cards remain at all times our property and must be surrendered to us upon request. By retaining or using any OBM Global Advantage Cards, you agree to be bound by all of OBMG’s Rules and Services, and other terms issued with your OBM Global Advantage Cards.
Members may use OrangeBee Money available in your account to set up sub-accounts, also known as “Perks Accounts,” (collectively “Sub-Accounts”) to reward, compensate, or gift to third parties, such as your employees, family, or friends. Sub-Accounts are separate from, but appended to, your Member account and allow others to reap the benefits of OBMG. Member will pay transaction fees (which will be charged to the primary account) on any OrangeBee Money transferred from Member’s account into a Sub-Account at the time of transfer.
Once deposited, funds cannot be transferred back to Member’s primary account without a request from the Sub-Account holder. The Sub-Account holder should closely track his/her OBMG spending to ensure all purchases, recorded and pending, do not exceed the available OrangeBee Money deposited in his/her Sub-Account. Sub-Accounts are not allowed lines of credit and cannot carry a negative balance. Member, as the primary account holder, are responsible for all charges, deficit, and/or balances due on any and all Sub-Accounts appended to your account. Any transfer of OrangeBee Money by you to a Sub-Account may be treated as income to the Sub-Account holder and is generally taxable in the year in which the transfer occurs. Member represent, warrant, and covenant that you will comply with all applicable laws relating to Sub-Accounts, including but not limited to employment, wage, labor, and tax laws. If Member so elect, can be responsible for reporting all taxable transfers to Sub-Accounts to the applicable government authorities, and we will not supply a Form 1099-B to the IRS or the Sub-Account holder.
Member acknowledge and agree that substantial components of OBMG and OBMG IP, including but not limited to components of our OBMG’s website accessible only to members, are highly specialized, not generally known in our industry, and constitute trade secrets. Therefore, Member covenant and warrant that during the Term of these Rules and Regulations, and for twelve (12) months thereafter, Member shall not (directly or indirectly, on behalf of yourself or a third party): (i) approach, interview, recruit or otherwise solicit, induce or encourage any OBMG member to terminate or otherwise cease his or her membership with OBMG; or (ii) solicit or divert any OBMG Member to use any other Complementary Currency Systems, Barter Systems, Alternative Money Systems, or Cooperatives or other competitor of OBMG. If any provision of this is deemed by a court or arbitrator of competent jurisdiction to exceed the time, geographical or other limitations prescribed by applicable law, then such provision(s) shall be deemed modified, narrowed, construed and enforced to the fullest extent permitted by applicable law consistent with the parties’ express intent set forth herein.
“Content” means any and all text, images, photos, audio, video, location data, hyperlinks, programs, and all other forms of data or communication, including OBMG Member reviews. To “Post” means to post, submit, or transmit to, though, or in connection with OBMG. “Member Content” means Content that Member Post. “User Content” means Content that users of OBMG Post and includes, without limitation, Member Content and Content Posted by other OBMG users.
Responsibility for User Content
All User Content is the sole responsibility of the person or persons who Post it and is non-confidential. Member agree that OBMG does not control, and are not responsible for, User Content. OBMG make no representation or warranty as to the quality, accuracy, reliability, or intellectual property status of any User Content. Under no circumstances will OBMG be responsible for any loss, damage, or other liability arising from User Content, including but not limited to User Content that is defamatory, trade libelous, or otherwise tortious. Members alone are responsible for Your Content. Member assume all risks associated with Member’s Content, including (i) anyone's reliance on its quality, accuracy, reliability, or intellectual property status, and (ii) any disclosure in Member Content of information that makes you personally identifiable.
Editing User Content
While we OBMG is not responsible for User Content, OBMG reserve the right (though not the obligation), in our sole and absolute discretion and for any reason, to screen, refuse to Post, reject, modify, remove, filter or otherwise edit (collectively, "edit") any User Content, including, without limitation: (i) any User Content that we believe violates any of these Rules and Regulations, (ii) profanity, obscenities, threats of physical violence or damage to property, and (iii) private financial information such as social security numbers and credit card information. Under no circumstances will OBMG be responsible for any loss, damage, or other liability arising from OBMG editing User Content or our failure to edit User Content, including but not limited to User Content that is defamatory, trade libelous, or otherwise tortious.
Posting Harmful Content
Posting any Content in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited. Member agree not to Post or elsewhere publish any Content that: (i) violates any applicable law or regulation; (ii) is defamatory or trade libelous; (ii) is incorrect, not truthful, threatening, harassing, stalking, vulgar, obscene, pornographic, profane, racially, ethnically or sexually discriminatory in any way, or that otherwise violates any right of another or is deemed unacceptable in our sole discretion; (iv) encourages any conduct prohibited by the Rules and Regulations; (v) restricts or inhibits any other user from using OBMG; (vi) impersonates any person or entity, or directly or indirectly attempts to gain unauthorized access to any portion of OBMG or any computer, software, or data of any person, organization or entity that uses or accesses OBMG; (vii) provides or creates links to external sites that violate the Rules and Regulations; (viii) is intended to harm, exploit, solicit, or collect personally identifiable information of any individual under the age of 18 in any way; (iv) invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their knowledge and willing consent or distributes or contains viruses or any other technologies that may harm OBMG or any of its Members; (v) is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless Member is the owner of such rights or have permission from the rightful owner to Post the material and to grant us all of the license rights granted herein; or (vi) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work.
License to Us
Member will retain ownership in Your Content, including any intellectual property rights you hold in Member’s Content. When Member Post Content, Member grants to OBMG an irrevocable, perpetual, transferable, sub-licensable, non-exclusive license, to be exercised by us at OBMG’s sole and absolute discretion throughout the universe on or through any media and using any technologies, whether now known or later devised, to (i) edit, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of, and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to that Content and (ii) copy, publicly display, publish, broadcast, retransmit, and distribute your name or username in association with that Content. By Posting Content, Member represent and warrant that Member has the necessary rights to grant this license. OBMG reserve the right to ban your use of OBMG if Member violate another’s intellectual property rights.
Member also grants to OBMG, during the term of this agreement, a transferable, sub-licensable, non-exclusive license, to be exercised by OBMG at OBMG’s our sole and absolute discretion throughout the universe to use your name, trademarks, service marks, trade names, or logos that you may adopt from time (collectively, “Your Marks”) so that we may advertise or promote your products or services or OBMG in general. Member’s Marks as used on OBMG will be accessible to web search engines (such as Google®) that create publicly available searchable indices of websites and materials.
Member will not knowingly or negligently Post any Content that contains viruses or other computer programming defects. Member are advised to make sure each computer you use to access OBMG has updated anti-virus software protecting it.
Member will not directly or indirectly use OBMG for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. "Spam" or "Spamming" means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including any advertisements.
Reuse of Content
"OBMG Content" means all Content (including User Content) on or in the OBMG website or any OBMG IP. Member will not collect, aggregate, copy, harvest, duplicate, display or make derivative use of OBMG Content, or use data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by OBMG in writing. Notwithstanding the foregoing, OBMG grant the operators of web search engines permission to use spiders to copy materials from OBMG for the sole purpose of creating publicly available searchable indices of the materials. OBMG reserve the right to revoke these exceptions in specific cases.
Username And Access
To access the services available through the OBMG website Member must create a username and password. Member is responsible for maintaining the confidentiality of Member username and password, if applicable, and for restricting access to your computer, and Member agree to accept responsibility for all activities that occur under Member’s username or password. Member will not, and, will not assist, encourage, or enable others to, attempt to gain unauthorized access to OBMG, or computer systems or networks connected to OBMG, through hacking, password mining, or any other means.
We reserve the right to refuse service, terminate Member’s account, or ban Member from the OBMG website, without notice or liability of any kind, and in our sole discretion.
Disclaimer regarding Third Party Sites
The OBMG website and any other OBMG websites or mobile applications, may include links to or search results or data from other websites or applications (each, a "Third Party Site"). OBMG do not control or endorse any Third-Party Site. Member agree that OBMG are not responsible for the availability or contents of such Third-Party Sites. Member use Third Party Sites at Member’s own risk.
Member agrees that they have read, and understands, and agrees to OBMG’s Rules and Regulations, OBMG’s Privacy Statement, and OBM’s Terms of Service.