Please be advised that upon receiving notification of the QR code for the following content and license terms, you are subject to the terms and conditions set forth herein.
In requiring or requesting the disclosure of my identifying information and capturing or retaining my information in any way, or in any type of database, including but not limited paper or electronic media, you the recipient(s) of this notice, jointly and severally, and your agents, subsidiaries, assignees, attorneys, successors, receivers, transferees, appointees, share holders, investors or buyers, the licensee, agree to the following terms, notwithstanding any provision of law, policy or agreement:
These definitions are not limiting or strictly exclusive of other or additional meanings that are commonly accepted by most people.
Please take notice that the first ten amendments to the United States Constitution have not been repealed, and have been reproduced by each state legislature in its own constitution, specifically as to the Fourth Amendment, to wit: “…the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The United States Supreme Court holds that I have no reasonable expectation of privacy when out in public, or outside of my private residence; however, this is not a waiver of my rights and I retain my rights and private property rights, and these rights are more fully described herein.
The terms “me” or “my” or “I” – mean the licensor, the individual who served upon you, the license agreement notice via the QR code or website that you are now reading. I will identify these terms by the date upon which notice was served upon you (date indicated with QR code) and my name or other identifying information which is the subject of this license agreement.
I am an individual with a conscience and the power to reason and I have rights that existed before any law, statute, social, political or legal construct. I have rights that are absolute, natural and unalienable. I am incomparable to you (as defined herein) or any fiction or construct and superior to the same.
The terms “my identifying information” or “my data” mean my private property and include, but are not limited do, my personal, private, banking, credit, financial and identifying information such as my legal name, nick names and aliases, date of birth, social security number, birth certificate and records, credit file number, bank account information, records on file with any department of motor vehicles (DMV), driver license, pilot license, captain’s license, professional license, permits, registrations for any vehicles, vessels or aircraft, utility accounts, medical records, human tissue, website content, email and telephone communications, information disclosed on packaging for physical mail, such as letters, envelopes, post cards and packages sent via the United States Mail or any private carrier including but not limited to the time and date of the post mark and physical description and dimensions of the same, photographic, telephonic, video graphic or audio graphic images or records of myself and my likeness, including but not limited to finger prints, DNA (deoxyribonucleic acid) records, retinal pattern, voice or utterances, physical characteristics (such as gender, hair color and style, eye color, height and weight), mannerisms, habits, behaviors, facial expressions, body language, dates and times of my activities, location data, meta data or information about the information described herein, my signature, handwriting, and descriptive marks appearing anywhere on my body.
The term “incident” – means a single violation or material breach of the terms of this agreement.
The terms “you” or “your” – mean, but are not limited to, the licensee, and the individual, entity, organization, business, government (state or federal), government agency or contractor (state or federal), county, state, city or municipal corporation, corporation, limited liability company, trust, sole proprietorship, or the party requesting, holding or benefiting from the use of my personal or private identifying, financial, credit or banking information, including but not limited to all information connected to my driver license, identification cards or devices, and medical records. These terms include, but are not limited to, to the principals, owners, agents, predecessors, assignees and transferees of the foregoing. You are recognized in this agreement as an individual without a conscience or the ability to reason and think rationally, and therefore, no inherent rights of any kind unless specifically given by statute or an act of the legislative function of the government that granted your existence. You are subservient to the will and power of people, such as myself.
The term “point-of-sale” means the period of time when payment is made for services or products, or the moment when my identifying information is requested or obtained, by any means.
You agree that upon the moment of disclosure of my identifying information to you, or the moment you obtain my identifying information, whether with or without my consent, that you are in sole custody and control of my identifying information and that these terms apply. This agreement is perpetual and shall continue in perpetuity. If this agreement conflicts with any of your policies, the terms within this agreement shall be controlling and notwithstanding any of your policies or previous agreements, terms or conditions.
You agree to indemnify me and hold me harmless of any losses incurred by anyone related to the disclosures requested of me, and you agree to compensate me and any other parties, for the full amount of losses, for each incident. You agree to protect my rights at your own expense, as it pertains to fulfilling the terms and conditions of this agreement.
You guarantee, without exception or condition, the security and privacy of my identifying information, or data, specifically,
● You will not share my data with any third party without my prior written consent. Failure to comply shall constitute a violation of the terms herein.
● Sharing my identifying information with, or for the benefit or use of, any insurance company, servicer or underwriting purpose, is strictly prohibited under these terms and constitutes a violation of this agreement, subject to the penalties specified herein, with damages including, but not limited to the following example: If your transmission of my identifying information to an insurance carrier and/or its underwriter results in the denial or cancellation of insurance coverage that I would have otherwise been provided, you shall assume all the risks and liabilities that such coverage would have provided me, and for as time as the coverage was intended by me.
● You will use my data only for the purpose stated at the point-of-sale. Failure to do so shall constitute a material breach or violation of the terms herein.
● You agree not to reproduce or duplicate my identifying information in any manner unless this is disclosed to me before the information is reproduced or duplicated and you first obtain my written consent to the reproduction or duplication. Failure to comply shall constitute a material breach or violation of the terms herein.
● You will return all records of my identifying information immediately after use or satisfying the purposes for which it was requested. Any of these records or information that are not returned shall be destroyed and a certificate of destruction shall be provided to me at my mailing address below, specifically describing a) the date and time on which the records and information were destroyed and b) the purpose for which each was used and c) the manner in which they were destroyed and d) the name of the individual employee or agent charged with the custody and destruction of these records, with his or he signature, with the statement that “the foregoing is true and correct and I so state under penalty of perjury under the laws of the United States of America”. This certificate must be delivered to me via certified mail within thirty (30) days of the destruction. Failure to do so shall constitute a material breach or violation of the terms herein. Failure to do so shall constitute a violation of these terms and you shall be subject to the penalties and damages resulting therefrom.
● Disclosure of my identifying information in exchange for any benefit or compensation shall only be made with my express written consent and all benefits and compensation shall be disclosed to me at the time you seek my consent and the benefits or compensation are subject to a sharing arrangement in which you pay me some or all of the benefits or compensation obtained in exchange for my identifying information. Disclosure of these term shall be made to the other party to whom disclosure is intended to be made and that party shall become subject to each and every term and provision of this agreement.
Any of my identifying information, that is within your custody or control, and is accessed or obtained or disclosed to third parties because of a breach in your computer or network security or any unauthorized access of my identifying information is obtained through any breach of your security, shall constitute a material breach or violation of the terms herein.
If you obtain video graphic, audio graphic, telephonic or photographic/still images of me, or cause such images to be obtained, using either your equipment or facilities or those of another, you agree that these images are my private property and you shall assume to become and remain the trustee of these images, and your custody and control of these images shall be governed by the terms and conditions of this agreement. I reserve the right to require that you undertake, or refrain from undertaking, certain actions regarding your custody and control of my identifying information, from time to time. I may send you a written notice with instructions pertaining to what I want you to do with my identifying information. I may send you a lease or license agreement with payment and amended use terms to which you must comply. Failure to comply with such notices and requests shall constitute one or more material breaches or violations of this agreement and you shall be subject to its penalties and damages resulting therefrom.
If you represent or express to me, in any medium, or by any means, that the collection of my identifying information is for my security, or for any security purposes, or for my protection, or training purposes, you shall simultaneously provide me with a copy of your training policy and/or a written list describing what risks you are protecting me from and for what risks you are providing my security, or security in general. Failure to make these disclosures shall constitute a material breach or violation of this agreement, for misrepresentation but not limited thereto, and you shall be subject to the penalties and damages set forth herein.
If you make or express to me information or facts that are false, or for which you have a duty to know the truth or falseness of, this shall constitute a material breach or violation of this agreement.
You shall not interact with me as if I am a suspect in a crime. If you suspect that I am involved in a crime, it is your duty to report such a crime, and it will constitute a material breach or violation of these terms and conditions if you consider me to be a suspect in a crime and fail to advise me of the same and inform the proper authorities immediately upon making this determination. You should not exercise any powers that are reserved and exclusive to the police power of the jurisdiction in which we are interacting with each other, without full disclosure of the same and without immediately informing the appropriate authorities. Failure to comply with this provision shall constitute a material breach or violation of this agreement.
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
This agreement does not constitute a waiver of any rights I had prior to the date of this agreement and is made without prejudice to any of my rights.
Acts or Occurrences of Nature
If any event occurs that results in any kind of breach of this agreement by you, but is the result of an act or occurrence of nature, your failure to fulfill these terms may be exempted or excused from these provisions, provided that you have exercised or undertaken reasonable actions and precautions to prevent such failures. Additionally, you will undertake actions to cure such failures as soon as practicable following any such event or act of nature.
Penalties and Liquidated Damages for Violations
For purposes of this agreement, the approximate value of my identifying information, in whole or in part, is not less than nine hundred ounces of gold (Au), per annum, and depending upon how it is used and what benefits are derived from its use by anyone, it may be worth substantially more. This amount may be calculated on a pro rata or per diem basis, using 365.25 days in one year.
You agree to pay me one ounce of gold (Au) or its equivalent exchange rate in Bitcoin (XBT) per violation of this agreement plus damages, plus the per diem rate.
You agree to pay me damages, in addition to all other damages, in the amount of one ounce of gold (Au) or its equivalent exchange rate in Bitcoin (XBT) per diem for each day you hold my identifying information in violation of this agreement. This provision includes but is not limited to third parties who hold my identifying information after it’s conveyed or disclosed by you in violation of these terms, for as long as the third party holds my identifying information.
Failure to fulfill any or all of your guarantees shall constitute a material breach of this agreement and subject you to the penalties described herein.
You also agree to, immediately and without delay, remit to myself all profits, benefits and gains realized and obtained from the use of my identifying information, to me, as part of the liquidated damages, and measured by the value claimed herein.
Choice of Law
Any disputes or claims arising out of this agreement shall be heard exclusively in the United States District Court located nearest to the location where the incident, acts or conduct giving rise to the claim or dispute occurred.
Any notices required or made under the provisions of this agreement shall be by first class mail unless otherwise specified in this agreement. Notices shall precede actions or conditions that are amended, required or requested by a minimum of seventy two (72) hours.
Notice, Notice of Lien
Be advised that I have and do possess the exclusive rights, without lien or encumbrance, to my private property, partially identified herein as “my identifying information”, but not limited thereto, and that there are no other valid claims against my private property anywhere. I have and do retain all rights to copy, use, duplicate and reproduce my identifying information, exclusive of any other individual anywhere.
This agreement constitutes a security agreement and superior lien, and notice of the same, upon and against all property and rights to property identified herein. This agreement also identifies my superior claim upon and against all profits and benefits you have obtained, now or will obtain, from the use of my identifying information.
Be further advised that I may publish and record a “notice of lien” using the UCC-1 Financing Statement Form in the appropriate system of records, but failure to record this notice of lien does not amend or alter the lien rights or license herein.
Fees and Costs
Each party to this agreement shall be responsible for its own, or his own, fees and costs incurred from making any claims under the provisions of this agreement, including attorney fees, taxes and court costs.
Exclusion or “Opt-Out”
You may refuse to agree to these terms by sending a written notice requesting to be excluded from these terms and guaranteeing that none of your employees or agents will accept or continue to use my identifying information in any way, as required herein. This notice must be sent via certified mail to the individual’s postal mailing address who was responsible for noticing you of these terms within thirty (30) days from the date of this agreement.
If any of your employees or agents request and accept my identifying information following the date of this agreement, or following the date of your “opt-out” notice, you will have waived your “opt-out” exclusion and then be subject to the terms and conditions herein, ab initio.
Your failure to “opt-out” of this agreement constitutes your express waiver of any and all legal immunities, including but not limited to absolute or qualified immunities because of your status as a government, agency of a government, or office of a government, or by your employment or the exercise of the functions of an elected or appointed public office, or trade or business, within any state of the United States, or within the United States or within any other jurisdiction on Earth.
CERTIFICATE OF SERVICE VIA UNITED STATES MAIL
I do hereby certify that a true and correct copy of the foregoing “Data Retention License Agreement” was duly served upon you, the licensee, on the date appearing within the notice or QR code.