Terms and Conditions of Use
This web site is provided by Carbon Credit Cart, LLC (“Carbon Credit Cart”) as a service to its customers, potential customers, employees, and public users. This page states the terms and conditions under which you may use this web site. If you do not accept the terms and conditions stated here, do not use this web site. By accessing or using the Carbon Credit Cart website, however, accessed, you agree to be bound by these terms of use (“Terms of Use”).
No Warranties and Limitation of Liability
CARBON CREDIT CART MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, AND RELATED GRAPHICS PUBLISHED ON THIS WEB SITE (COLLECTIVELY, THE “CONTENT”) FOR ANY PURPOSE. ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CARBON CREDIT CART HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CARBON CREDIT CART BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT AVAILABLE FROM THIS WEB SITE.
Copyright
The entire contents of the Carbon Credit Cart web site are protected by United States copyright laws. Carbon Credit Cart authorizes you to view and to use the materials on this web site only for your personal, non-commercial use, provided that you retain this copyright notice on any copies of the materials that you use. You may not modify the materials at this web site in any way or reproduce or publicly display, perform, distribute, or otherwise use the materials for any public or commercial purpose. For the purposes of these Terms of Use, any use of these materials on any other web site or networked computer environment for any purpose is prohibited.
Trademarks
The names, logos, and taglines identifying Carbon Credit Cart and its products and services, including, without limitation, “Carbon Credit Cart,” are proprietary marks of Carbon Credit Cart, LLC. All other trademarks and service marks on the Carbon Credit Cart web site are the property of their respective owners.
Arbitration & Governing Law
Any claims arising out of the use of this Site shall be resolved by binding arbitration in Boulder, Colorado in accordance with the then-current rules of the American Arbitration Association. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Colorado, United States of America.
Material Submitted to Carbon Credit Cart
Materials submitted to the Carbon Credit Cart web site will be used in accordance with Carbon Credit Cart’s Privacy Policy which is incorporated herein by reference. If you are using the services provided on this site (“the Services”) in connection with or on behalf of an entity’s use of the Services (“Entity”), then by using the Services in any manner, both you and the Entity you represent agree to be bound by the terms and conditions of these Terms of Use. You hereby represent and warrant that you have full power and authority to bind the Entity to these Terms of Use. If you provide to us any personally identifiable information in connection with your use and the Entity’s use of the Services, such as name and contact information of the Entity’s personnel members, then you and the Entity hereby represent and warrant that you have the full rights and authority to provide to us such personally identifiable information.
Eligibility
By using the relevant Services offered by us, you represent and warrant that you have all necessary licenses and registrations from applicable state authorities to buy and/or sell carbon credit offsets on a commercial basis, and all such licenses and registrations are in good standing and in full force and effect. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration
To sign up for certain Services (e.g. broker services), you may be required to register for an account on the Services (an “Account”).You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. By registering for an Account on behalf of an entity, you represent and warrant that you are authorized to act on such entity’s behalf with respect to offerings made through the Account. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or authorized representative.
Ordering Services
If you opt in to use the Services to place orders on behalf of yourself or an entity (the “Ordering Services”), you understand and agree that Carbon Credit Cart has the option to reject any order they deem to be invalid. We make no guarantees regarding the availability, pricing, accuracy or timely delivery of products that are ordered through the Ordering Services. Furthermore, information made available through the Services does not constitute an offer. Acceptance of any order is at the broker’s sole discretion, and may be subject to variations in pricing or stock, depending on the broker’s current availability of a particular offering. Any dispute regarding an order must be resolved exclusively between you and the applicable broker, and you hereby fully release Carbon Credit Cart from any claims regarding the same.
Order Entry Tool
If you use the Order Entry Tool on the Service, then you hereby agree to the terms in this section. Your User Content (as defined below) shall include without limitation all order history and other data uploaded to the Carbon Credit Cart’s platform available through the Services (the “Carbon Credit Cart Platform”) in connection with the Order Entry Tool. You shall be responsible for the acts and omissions (including without any limitation any breach of these Terms of Use) of any person who accesses the Services using passwords or access procedures provided to or created by you. Carbon Credit Cart and its licensors retain and shall own all right, title, and interest in and to (i) the Order Entry Tool and the Carbon Credit Cart Platform; (ii) the Aggregated Anonymous Data (see definition below) entered into the Carbon Credit Cart Platform; (iii) all orders sent by buyers through the Carbon Credit Cart Platform to brokers, and (iv) all copies, modifications and derivative works thereof, and all software, data, products, works, analyses and other intellectual property and moral rights related to the foregoing or created, used, or provided by Carbon Credit Cart in connection with the Order Form and the Services. Carbon Credit Cart may collect information from users through the Carbon Credit Cart Platform, such as through user accounts and activity on the Carbon Credit Cart Platform (“Analytics”). You acknowledge and agree that Carbon Credit Cart may (a) internally use Analytics for the purpose of improving the Services; (b) generate Aggregated Anonymous Data; and (c) freely use and make available Aggregated Anonymous Data for Carbon Credit Cart’s business purposes. “Aggregated Anonymous Data” means data submitted to, collected by or generated by Carbon Credit Cart in connection with your use of the Carbon Credit Cart Platform, but only in aggregate, anonymized form which can in no way be linked specifically to you or the Entity you represent. Upon any termination of any order form for the Order Entry Tool, or these Terms of Use, the license granted to you to use the Order Entry Tool shall terminate and you shall immediately cease use of the Order Entry Tool. The terms in this section are in addition to and do not limit the other terms in these Terms of Use. The terms of this section shall survive any termination of any order form for the Order Entry Tool or these Terms of Use.
User Content
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Availability of Content
We do not guarantee that any Content will be made available on the Sites or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. WARNING: CERTAIN CONTENT PROVIDED THROUGH THE SERVICES IS PROVIDED BY THIRD PARTY VENDORS AND IS NOT GUARANTEED TO BE ACCURATE OR UP-TO-DATE. ALL PROJECTS AND OFFERINGS LISTED ARE SUBJECT TO ACTUAL AVAILABILITY AND TO ALL APPLICABLE LAWS, RULES, AND REGULATIONS.
Feedback
Any feedback, reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Sites that you may choose in your sole discretion to provide us from time to time (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby assign and agree to assign all right, title and interest in and to the Feedback to us.
Paid Services
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for or purchasing a Paid Service are deemed part of this Agreement.
Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Sites or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Entire Agreement and Severability
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, natural disasters and catastrophes, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Carbon Credit Cart shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
Assignment
These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Notices
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
No Waiver
Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings
The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.
Modifications
Carbon Credit Cart may revise these Terms of Use at any time by updating this posting. Carbon Credit Cart may make revisions to the materials at this web site, or to the products, services, and other Content described herein, at any time without notice. By using the Carbon Credit Cart web site, you agree to be bound by any such revisions and therefore should visit the Carbon Credit Cart web site periodically to determine the then-current Terms by which you are bound.