MitoZen PMA Membership Agreement

MitoZen PMA Membership Agreement

A Private Membership Association

This Agreement governs membership in MitoZen PMA, a private membership association. By checking the box labeled "I have read and agree to the MitoZen PMA Membership Agreement" at checkout or at any other point on the MitoZen website where this Agreement is presented, the person checking the box (the "Member") accepts the offer to become a member of MitoZen PMA and agrees to all terms set forth in this Agreement. Checking the box has the same legal force and effect as a handwritten signature under the federal ESIGN Act and applicable state electronic signature laws. The Member affirms that the Member has read this Agreement in full, understands it, and enters into it freely.

Declaration of Purpose

The Member has read and agrees with the following Declaration of Purpose from Article I of MitoZen PMA’s Articles of Association:

  • This Association of members declares that its main objective is to maintain and improve the civil rights, constitutional guarantees, and political freedom of every member and citizen of the United States of America. We believe and affirm that the Constitution of the United States is one of the best documents ever devised, and that the signers of the Declaration of Independence acted out of love for their country.

  • We believe that the First Amendment of the Constitution of the United States guarantees our members the rights of free speech, petition, assembly, the right to contract, and the right to gather together for the lawful purpose of advising and helping one another in asserting our rights under the federal and state constitutions and statutes. We strive to maintain and improve the civil rights, constitutional guarantees, freedom of choice in health care, and political freedom of every member of this Association.

  • The Association exercises its right of "freedom of association" as guaranteed by the First and Fourteenth Amendments of the U.S. Constitution and equivalent provisions of the various state constitutions. All Association activities are restricted to the private domain only.

  • The Members declare their right to advanced health and wellness through the manufacturing and creation of nutraceutical formulations and unique delivery systems; to educate members through the production of online and in-person events as well as written and video content on disease mitigation, anti-aging, and biohacking practices; and to conduct research into nutraceutical combination protocols for targeted support for dis-ease mitigation within the member population and the communities they serve.

  • The Members proclaim the freedom to choose the types of nutraceutical formulations and unique delivery systems they think best for assessing and preventing illness of their minds and bodies and for achieving and maintaining optimum wellness. The Members proclaim and reserve the right to include health options that include, but are not limited to, targeted nutraceutical formulations and unique delivery systems, whether traditional or nontraditional, conventional or unconventional.

  • The Members acknowledge that due to media influence from the pharmaceutical industry, many nutraceutical and non-pharmaceutical approaches, protocols, and uses of such products to support health, wellness, and dis-ease mitigation are not easily available to the general public. The Association exists in part to make these approaches available within the private membership context.

  • The mission of the Association is to provide members with the highest level of quality nutraceutical and non-pharmaceutical approaches, protocols, and uses of such products to support health, wellness, and dis-ease mitigation. The Association emphasizes the Member’s health condition, not merely the symptoms experienced. The Association understands that wellness has many dimensions and strives every day to stay on the leading edge of new technology and approaches. The Association provides health and wellness devices, which may include light therapy devices, hypoxic and CO2 devices, and hydrogen devices, as well as synergistic health-related nutraceutical protocols using unique delivery systems, which may include nasal sprays or mists, nebulized delivery, suppositories or bullets, eyedrops, and liposomal oral products. In addition, educational seminars, online educational material, health-related articles, video content, and live events are accessible and available for the benefit of members. These educational materials are designed to help the Member learn and understand the applications of various protocols and product uses, as well as general education on anti-aging, wellness, and dis-ease mitigation.

  • The Association recognizes any person (irrespective of race, color, or religion) who is in agreement with these principles and policies as a member, and provides a medium through which its individual members may associate for actuating and bringing to fruition the principles and purposes declared above.

Memorandum of Understanding

By checking the agreement box, the Member acknowledges and agrees to the following:

  • Fellow members of the Association who provide the manufacturing of nutraceutical products and educational services do so in the capacity of a fellow member and not in the capacity of a licensed health care provider.

  • The Member has freely chosen to change the Member’s legal status from that of a public client or customer to that of a private member of the Association.

  • The Member acknowledges that the Association operates as a private membership association, and that all interactions, transactions, and exchanges of nutraceutical products, educational materials, and related services occur exclusively within the private domain among consenting members. Such activities are not offered to the general public and are intended solely for the benefit of members exercising their rights of private association.

  • The Member further understands and agrees that, while the Association operates within a private contractual framework, it does not represent itself as a public retail entity and does not make representations subject to public advertising standards. Nothing in this Agreement shall be construed to waive or limit the applicability of any federal or state laws or regulations that may apply to the manufacture, labeling, or distribution of products.

  • It is entirely the Member’s own responsibility to consider the educational services offered by fellow members and to educate the Member as to the efficacy, risks, and desirability of the same. Acceptance of any offered or recommended devices, nutraceuticals, or educational services is the Member’s own carefully considered decision.

  • Any request by the Member to a fellow member to assist the Member or to provide the Member with any recommendation, device, nutraceutical, or educational service is the Member’s own free decision in exercise of the Member’s rights, made for the Member’s benefit. The Member agrees to hold the Trustee(s), staff, other worker members, and the Association harmless from any unintentional liability for the results of such devices, nutraceuticals, or educational services, except for harm that results from a clear and present danger of substantive evil as determined by the Association and as defined by the United States Supreme Court.

Assumption of Risk, Release, and Limitation of Liability

The Member acknowledges and agrees that the use, handling, or consumption of any nutraceutical products, delivery systems, devices, or related services offered through the Association involves inherent and potential risks, including but not limited to adverse reactions, allergic responses, sensitivities, interactions with medications, unintended physiological effects, or other known or unknown risks. The Member voluntarily assumes full responsibility for all such risks, whether foreseeable or unforeseeable.

To the fullest extent permitted under the laws of the State of Florida, the Member hereby agrees to release, indemnify, defend, and hold harmless the Association, its Trustees, members, officers, employees, agents, contractors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to the Member’s use, misuse, or reliance upon any products, protocols, or educational materials provided through the Association.

The Member expressly agrees that any decisions regarding the use of such products or services are made voluntarily and at the Member’s own discretion, and that no guarantees, warranties, or representations, express or implied, have been made regarding safety, efficacy, or outcomes.

Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive, limit, or release liability for:

  • gross negligence,
  • willful misconduct,
  • fraudulent misrepresentation, or
  • failure to disclose known material risks.

The Member further acknowledges that the Association and its members do not provide medical diagnosis or treatment, and that all products and information are provided within the private membership context for educational and self-directed use.

Designation of Lead Member

The Trustee and members have chosen John Lieurance, ND, DC, as the person best qualified to manage the creation of various formulations and the production of nutraceuticals and delivery methods, as well as the design and creation of educational services for members of the Association, and entrust him to select other members to assist him in carrying out that mission.

Use and Guidelines

The Member agrees to adhere to the guidelines for all MitoZen products as published on MitoZen.com under the tab labeled "Use and Guidelines," in the form of written and/or video educational material. The Member agrees to review these guidelines before using any product obtained through the Association.

Jurisdiction, Privacy, and Records

Because the Association is protected by the First and Fourteenth Amendments to the U.S. Constitution, it is outside the jurisdiction and authority of Federal and State Agencies and Authorities concerning any and all complaints or grievances against the Association, any Trustee(s), members, or other staff persons. All rights of complaints or grievances will be settled by an Association Committee, and the Member waives such rights for the benefit of the Association and its members.

Because the privacy and security of membership records maintained within the Association have been held to be inviolate by the U.S. Supreme Court, the Member waives HIPAA privacy rights and the HIPAA complaint process. Any purchase records kept by the Association will be strictly protected and will only be released upon written request of the Member.

The Member agrees that violation of any waiver in this Agreement will result in a no-contest legal proceeding against the Member.

The Member’s activities within the Association are a private matter that the Member refuses to share with the FDA, FTC, and any State Medical Board without the Member’s express specific permission. All documents of purchases remain property of the Association, even if the Member receives a copy of them.

The Member fully agrees not to file a lawsuit against a fellow member of the Association unless that member has exposed the Member to a clear and present danger of substantive evil. The Member acknowledges that the members of the Association do not carry insurance.

Member Acknowledgments

The Member agrees to join the Association, a private membership association under common law, whose members seek to help each other achieve better health and live longer with good quality of life.

As a member, the Member accepts the goals of improving the Member’s health and wellbeing such that the body functions better, and of choosing devices, nutraceuticals, and educational services that are very safe and effective, while realizing that no device, nutraceutical, or healing protocol is foolproof.

The Member enters into this Agreement of the Member’s own free will, or on behalf of the Member’s dependent, without any pressure or promise of cure. The Member affirms that the Member does not represent any State or Federal agency whose purpose is to regulate and approve products. The Member has read and understood this document, and any questions the Member had have been answered to the Member’s satisfaction.

The Member understands that the Member may withdraw from this Agreement and terminate the Member’s membership in the Association at any time.

Membership Terms

  • This Agreement, together with Article I of the Articles of Association of MitoZen PMA, constitutes the entire agreement for the Member’s membership in the Association and supersedes any previous agreement.
  • The membership fee entitles the Member to receive those benefits declared by the Trustee(s) to be "general benefits" free of further charge. The Member agrees to pay, as levied, for those benefits the Member receives that are declared by the Trustees to be "special assessments," per the current Fee Schedule.
  • Membership begins on the date the Member checks the agreement box and submits this Agreement, and continues as a one-time lifetime membership unless terminated by the Member.
  • By checking the agreement box, the Member certifies, attests, and warrants that the Member has carefully read this MitoZen PMA Membership Agreement in full and fully understands and agrees with it.

Electronic Acceptance

By checking the box labeled "I have read and agree to the MitoZen PMA Membership Agreement," the Member adopts this Agreement as the Member’s own binding act, with the same force and effect as a handwritten signature. The date and time of the Member’s acceptance, together with the Member’s account information on file, are recorded by MitoZen PMA as evidence of this Agreement.

MitoZen PMA accepts this Agreement upon the Member’s electronic acceptance and the Member’s admission to the Association as recorded in the Association’s membership records.

 

MitoZen PMA Membership Agreement