CARBONFOREST TERMS OF SERVICE
CarbonForest provides a subscription service that allows our members to offset their carbon footprint through the planting of trees.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 6 TO RESOLVE ANY DISPUTES WITH CarbonForest (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1. Your CarbonForest membership will continue and automatically renew until terminated or until the carbon offset subscription plan you have selected is complete. To use the CarbonForest service you must have Internet access and a CarbonForest ready device and provide us with one or more Payment Methods. A “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your CarbonForest membership by visiting our website and clicking on the “My Account” page.
Billing and Cancellation
2.1. Billing Cycle. The membership fee for the CarbonForest service does not include any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, which will be charged to your Payment Method on the specific billing date indicated on your “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for approximately one month of service as soon as you register.
2.2. Payment Methods. To use the CarbonForest service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
2.3 Updating your Payment Methods. You can update your Payment Methods by going to the “My Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
2.4. Cancellation. You can cancel your CarbonForest membership at any time, and you will continue to have access to the CarbonForest service through the end of your monthly billing period. To cancel, go to the “My Account” page on our website. Click the subscription bar in the dropdown menu and then click “unsubscribe”. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for CarbonForest using your account with a third party as a Payment Method and wish to cancel your CarbonForest membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the CarbonForest service through that third party. You may also find billing information about your CarbonForest membership by visiting your account with the applicable third party.
2.6. No Refunds. Any and all payments to CarbonForest including payments made for monthly subscription products and for one-time/upfront products, and nonrefundable. There are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
3.2. The CarbonForest service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your CarbonForest membership, we grant you a limited, non-exclusive, non-transferable right to access the CarbonForest service and view CarbonForest content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
3.3. The service confers no right of ownership, title, interest, lien, or similar right in any or all of the trees planted on your behalf nor the real property on which such trees are planted. CarbonForest makes no representations express or implied, now or in the future, regarding the location of tree plantings under your subscription. CarbonForest reserves the right to fulfill your subscription to our service by planting trees anywhere on Earth without consent or approval from you.
3.4. The CarbonForest service, including the location and type of our carbon offset projects, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of CarbonForest content.
Passwords and Account Access
4.1. The member who created the CarbonForest account and whose Payment Method is charged (the “Account Owner”) has access and control over the CarbonForest account and the CarbonForest ready devices that are used to access our service and is responsible for any activity that occurs through the CarbonForest account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, CarbonForest or our partners from identity theft or other fraudulent activity. CarbonForest is not obligated to credit or discount a membership for holds placed on the account by either a representative of CarbonForest or by the automated processes of CarbonForest.
Disclaimers of Warranties and Limitations on Liability
5.1. THE CARBONFOREST SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CarbonForest SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CarbonForest DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CARBONFOREST SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CARBONFOREST SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
5.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CARBONFOREST, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
5.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
6.2. If you elect to seek arbitration or file a small claim court action, you must first send to CarbonForest, by certified mail, a written Notice of your claim (“Notice”). The Notice to CarbonForest must be addressed to: CarbonForest, Inc., 555 California, Suite 4925, San Francisco, CA 94104. If CarbonForest initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by CarbonForest, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If CarbonForest and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CarbonForest may commence an arbitration proceeding or file a claim in small claims court.
6.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after CarbonForest receives notice at the Notice Address that you have commenced arbitration, CarbonForest will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
6.4. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless CarbonForest and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
6.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of CarbonForest’s last written settlement offer made before an arbitrator was selected (or if CarbonForest did not make a settlement offer before an arbitrator was selected), then CarbonForest will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
6.6. YOU AND CarbonForest AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CarbonForest agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
7.2. Unsolicited Materials. CarbonForest does not accept unsolicited materials or ideas for CarbonForest content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CarbonForest. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against CarbonForest and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
7.3. Feedback. CarbonForest is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the CarbonForest service, including the CarbonForest website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the CarbonForest service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
7.7 Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last Updated: February 12, 2020