SCOTTSDALE MASTERY, PRIVATE MEMBERSHIP ASSOCIATION (PMA) MEMBERSHIP AGREEMENT, TERMS, AND CONDITIONS
EFFECTIVE AS OF THE DATE OF EXECUTION HEREBY
RECITALS
WHEREAS, the undersigned Member (hereinafter “Member”) acknowledges and affirms the inviolable rights enshrined within the Constitution of the United States of America, particularly the First Amendment guaranteeing the freedoms of speech, assembly, petition, and association, the Fifth Amendment safeguarding due process of law and private contractual liberties, the Ninth Amendment reserving unenumerated rights to the people, and the Fourteenth Amendment extending such protections against abridgment by any State;
WHEREAS, pursuant to seminal precedents of the Supreme Court of the United States, including but not limited to NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), Roberts v. United States Jaycees, 468 U.S. 609 (1984), and Boy Scouts of America v. Dale, 530 U.S. 640 (2000), private membership associations such as Scottsdale Mastery, PMA (hereinafter “Association” or “PMA”) enjoy absolute dominion over their internal governance, membership selection, and associational activities, wholly insulated from public regulatory incursions, provided no substantive harm—defined herein as intentional infliction of physical, pecuniary, emotional, or reputational injury rising to the level of “clear and present danger” per Schenck v. United States, 249 U.S. 47 (1919)—is perpetrated upon third parties or Members;
WHEREAS, the Association constitutes an unincorporated, faith-based, private dominion convened under common law principles antecedent to statutory overlays, effectuating a voluntary contractual consortium among sovereign individuals exercising their unalienable rights to pursue felicity through mutual aid, counsel, and elevation;
WHEREAS, the paramount telos of the Association is to furnish exclusive financial consultancy to its Members, encompassing strategic acumen in pecuniary orchestration, asset augmentation, liability mitigation, and holistic life amelioration, all effectuated within the sacrosanct precincts of private domain;
NOW, THEREFORE, in consideration of the mutual covenants, forbearances, and gratuities herein delineated, and intending to be legally bound thereby, the Member irrevocably assents to the ensuing Articles, which shall perdure in perpetuity unless unilaterally abrogated by the President, and which supersede all prior understandings, oral or written.
ARTICLE I: DEFINITIONS
1.1 “Association” shall denote Scottsdale Mastery, PMA, its affiliates, successors, designees, and instrumentalities, sub silentio encompassing all modalities of private enterprise thereunder.
1.2 “Member” shall import the undersigned natural person, in their private capacity exclusive of any public persona, who tenders full adherence to these Terms, inclusive of Affiliate Members as hereinafter delimited.
1.3 “President” shall exclusively reference Alan S. Velten, vested with plenary, unfettered, and irrevocable authority as sovereign arbiter, fiduciary, executor, and absolute sovereign over all Association affairs, whose determinations shall constitute final, unappealable, and incontestable edicts, binding upon all Members eo instante.
1.4 “Contributions” shall embrace any pecuniary tender, donation, gratuity, fee, or remuneration remitted to the Association, irrespective of nomenclature.
1.5 “Harm” shall be construed narrowly as aforesaid, excluding de minimis vicissitudes inherent to financial consultancy.
1.6 “Website” shall denote the digital portal accessible at scottsdalemaster.com, serving as the principal conduit for Membership inception.
1.7 “Affiliate Member” shall denote a subcategory of Member elevated by presidential fiat to procure pecuniary emoluments contingent upon the quantum of sub-affiliates or recruits inducted thereunder, subject to bespoke, severable compacts confected ex gratia with the President, effectuating contingent remuneration solely upon consummation of delineated services.
1.8 “Member Data” shall encompass any personally identifiable information, financial records, correspondence, or metadata voluntarily disclosed by Member to the Association in any form.
ARTICLE II: FORMATION, PURPOSE, AND CONSTITUTIONAL NEXUS
2.1 The Association is erected ex nihilo as a private contractual enclave, impervious to public domain encroachments, wherein Members contract inter se under common law for the solemn purpose of procuring bespoke financial consultancy designed to exalt Members’ fiscal sovereignty, prosperity, and existential fulfillment.
2.2 All Association activities are expressly circumscribed to the private domain, availing full constitutional bulwarks against interdiction by federal, state, municipal, or administrative entities, agencies, instrumentalities, or licensees thereof.
2.3 Member irrevocably waives any prerogative to invoke public adjudication, regulatory complaint, or third-party intervention, covenanting instead to internal arbitration per the President’s sole dictate.
ARTICLE III: MEMBERSHIP PROVISIONS AND IRREVOCABLE CONTRIBUTIONS
3.1 Membership accrues upon tender of initial Contribution and electronic execution hereof via affirmative selection of the “Terms and Conditions” checkbox on the Website, which act shall ipso facto constitute the Member’s intentional, irrevocable, and legally binding assent to this Agreement as a fully enforceable compact between the Member and the Association, pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001 et seq., the Uniform Electronic Transactions Act (UETA), and cognate statutes of the State of Arizona, rendering same coterminous with wet-ink execution and nunc pro tunc effective ab initio, subject to President’s absolute veto power exercisable ab initio or prospectively.
3.2 Contributions are irrevocable gratuities, non-refundable ab initio and in perpetuity, absolutely forfeited to the Association upon tender, and shall constitute the res propria of the PMA without offset, recoupment, restitution, or equitable adjustment under any exigency whatsoever. NO REFUNDS SHALL BE ISSUED, NOR RECOUPMENT PERMITTED, UNDER ANY CIRCUMSTANCE, including but not limited to dissatisfaction, exigency, duress, error, misrepresentation, or alleged malfeasance non imputable to Harm as herein delimited. All funds expended by Member with the PMA inure indefeasibly thereto as sacred trust res.
3.3 The President reserves unilateral, peremptory droit du seigneur to terminate Membership forthwith, sans notice, cause, or recourse, for any reason whatsoever or none, including capricious volition. Upon termination, all rights ipso facto extinguish, and Member forfeits all accrued benefits in perpetuity.
3.4 Notwithstanding the foregoing, Member may elect unilateral rescission of Membership at any juncture by delivery of written notice (via certified mail, email confirmed receipt, or such modality as President may designate) to the President, effectuating immediate cessation of Membership privileges prospectively; provided, however, that all Contributions theretofore tendered shall remain irrevocably vested in the Association as non-refundable, inalienable patrimony, with no proration, abatement, or reversion whatsoever.
ARTICLE III-A: AFFILIATE MEMBERSHIP
3-A.1 Affiliate Members constitute an exalted subclass of Members, indistinguishable in all respects save the singular prerogative of contingent remuneration, confected exclusively via bespoke, non-precedential compacts negotiated and confected ad hoc with the President, delineating quantum, modalities, and contingencies of emoluments proportionate to the volumen of affiliates, recruits, or sub-members inducted by the Affiliate Member into the Association.
3-A.2 Such remunerative entitlements shall vest solely upon irrevocable consummation of delineated services—viz., verified induction of affiliates yielding Contributions to the Association—and shall be calibrated per the discretionary formulae enshrined in the specific Affiliate Compact, subject to presidential ratification and withholding for administrative recoupments or setoffs at the President’s unfettered volition.
3-A.3 The sole differential between Affiliate Members and ordinary Members resides in the aforesaid remunerative mechanism; in all other particulars, Affiliate Members remain fully subject to these Terms, inclusive of irrevocable Contributions, non-refundability, and subordination to presidential omnipotence.
3-A.4 Affiliate status accrues and perdure at the President’s absolute sufferance, revocable peremptorily, sans notice, cause, or recourse, for any raison d’être or none, effectuating instantaneous divestiture of all affiliate privileges, accrued emoluments (unvested in toto), and reversion to ordinary Member status nunc pro tunc, with forfeiture of any prospective claims.
ARTICLE III-B: DATA SECURITY AND EXCULPATION FROM BREACH
3-B.1 The Association undertakes, in good faith and within the bounds of commercial reasonableness, to implement administrative, technical, and physical safeguards commensurate with prevailing private-sector practices to preserve the confidentiality, integrity, and availability of Member Data entrusted to its custody.
3-B.2 Notwithstanding the foregoing, the Association, its President, officers, agents, and instrumentalities expressly disclaim all liability, responsibility, or duty (whether sounding in contract, tort, warranty, or otherwise) for any unauthorized access, disclosure, exfiltration, alteration, destruction, or compromise of Member Data arising from data breach, cyber-intrusion, hacking, malware, phishing, social engineering, insider threat, force majeure, third-party vendor failure, or any other modality of information security incident, regardless of foreseeability, negligence, or contributory causation.
3-B.3 Member irrevocably releases, waives, and covenants not to sue the Association or any affiliate thereof with respect to any direct, indirect, incidental, consequential, punitive, or exemplary damages flowing from any actual or alleged breach of data security, including but not limited to identity theft, financial loss, reputational harm, emotional distress, or regulatory penalty.
3-B.4 Member acknowledges and assumes the entirety of risk attendant to the inherent fallibility of digital systems, and affirmatively consents to the non-warrantied, best-efforts-only posture of the Association in safeguarding Member Data.
ARTICLE IV: GOVERNANCE AND PRESIDENTIAL OMNIPOTENCE
4.1 Alan S. Velten, as President, wields supreme, illimitable, and indefeasible dominion over the Association, including but not limited to: (i) interpretation, enforcement, and abrogation of these Terms; (ii) admission/expulsion; (iii) allocation of resources; (iv) delineation of consultancy modalities; (v) confection and abrogation of Affiliate Compacts; (vi) data security protocols; and (vii) final adjudication of all disputes ex parte.
4.2 Presidential decrees retroactively validate antecedent acts and preempt future contestation.
ARTICLE V: AMENDMENT AND MODIFICATION
5.1 These Terms may be amended, novated, or rescinded unilaterally by the President at any juncture, ex gratia, sans antecedent notice, publication, or Member acquiescence. Amended Terms bind instantaneously upon presidential fiat, nunc pro tunc. Member irrevocably pre-assents to all prospective iterations sight unseen, with continued access to the Website post-amendment constituting affirmative reaffirmation.
ARTICLE VI: DISCLAIMERS, INDEMNITIES, AND EXCULPATIONS
6.1 Financial consultancy constitutes opinionative discourse, non-binding, devoid of warranties (express/implied), and unencumbered by licensure. NO GUARANTEES OF OUTCOMES obtain; Member assumes all risks.
6.2 Member releases, indemnifies, and holds harmless the Association, President, and affiliates from all claims, liabilities, or damages whatsoever, in perpetuity, including but not limited to those arising from data security incidents.
6.3 Governing Law: Arizona common law, venue exclusively in private arbitration per Presidential writ.
ARTICLE VII: INTEGRATION AND EXECUTION
7.1 This instrument embodies the entire, integrated compact, non-severable.
7.2 Electronic Acceptance: Member’s selection of the “Terms and Conditions” checkbox on scottsdalemaster.com irrevocably binds the Member hereto as aforesaid.
IN WITNESS WHEREOF, Member executes this irrevocable covenant:
Member Electronic Signature: [Via Checkbox on scottsdalemaster.com]