Terms and Conditions 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.
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
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.
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.
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
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.
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.
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.
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
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.