Terms and Conditions (“Terms”)
Terms are entered into by Climate Futures Inc. (“we”, “us” or “our”) and you, collectively “the parties”. Reference to “user”, “purchaser”, “you” or “your” in these Terms means the entity or individual that has consented to these Terms of Service by any binding method of acceptance of these Terms. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Website.
Digital Properties Definition
The Climate Futures Digital Properties refer to the Climate Futures website, 1PLANET software, and any associated online or downloadable Climate Futures content, sites, or applications.
Carbon Footprint Offsetting Service
Climate Futures offers an online carbon footprint offsetting service in our online store. Climate Futures does not sell or transfer carbon credits or carbon offsets to a user’s account. The user agrees and understands that you will not take actual delivery of any carbon credits held by Climate Futures and its Partners. Climate Futures and/or its Partners agree to permanently retire on the user’s behalf the corresponding carbon credits/offsets in order to offset the user’s carbon footprint for the chosen activity or purpose.
Climate Futures reserves the right, for any reason whatsoever and without prior notice or liability, to terminate or suspend access to our digital properties immediately. All provisions of the Terms which by their nature should survive termination shall survive any termination of your access rights to the Climate Futures digital properties.
All Climate Futures trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Climate Futures and neither they nor any confusingly similar versions may be used by you.
By agreeing to these Terms, you represent that you are at least 13 years of age.
Your sole and exclusive remedy for dissatisfaction with the Climate Futures digital properties is to stop using the Climate Futures digital properties.
Climate Futures does not offer refunds for our carbon footprint offsetting services. Exceptional cases whereby the online store caused a billing error will be considered. Please contact us if you have experienced any problems with our online store.
When a Customer purchases a subscription, every month Climate Futures will bill the Customer in the amount stated at the time of purchase, using the payment method specified by the Customer. Subscriptions begin as soon as the Customer has successfully completed the sign-up process, including payment confirmation. Subscriptions renew automatically, on a monthly basis, unless the Customer cancels the subscription. The Company may change its pricing, but Customer subscription billings will not be changed without the Customer’s permission. Customers may cancel subscriptions at any time by contacting Climate Futures.
Portfolios of Projects
Where the Customer has subscribed to a portfolio of projects, Climate Futures reserves the right to change the projects in any portfolio at any time. If one project in a portfolio is sold out or becomes unavailable, Climate Futures reserves the right to eliminate or replace that project and proceeds for that portfolio will be distributed to the remaining projects.
Climate Futures may assign its rights and/or obligations under these Terms to any affiliate or any third party without Customer’s consent. Customer may not assign its rights and/or obligations under these Terms to any third party without Climate Futures’ prior written consent.
Waiver; Limitation of Liability
EXCEPT AS SET FORTH EXPRESSLY IN THESE TERMS, CLIMATE FUTURES MAKES NO WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. All Climate Futures estimates regarding the quantity of emissions reductions represented by carbon credits are subject to changes in carbon accounting methodologies. In no event shall either party be liable to the other party for indirect, special, incidental or consequential damages of any kind, including, without limitation, loss of revenues or profits. In no event shall Climate Futures be liable for any failure to perform to the extent caused by or resulting from any cause or circumstance beyond its reasonable control and which it could not have reasonably prevented or overcome. All damages shall be limited to actual damages only. In no event shall Climate Futures’ liability to a user exceed the aggregate amount paid by user to Climate Futures for the purchase of the carbon offsetting service.
These Terms of Service will be interpreted, construed and enforced in accordance with the laws of the state of New York, U.S.A., without regard to its provisions governing conflicts of laws.
Any dispute or claim arising out of or relating to this Agreement shall be settled amicably as far as possible, but in case of failure, it shall be settled by arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitrator’s decision shall be final and binding upon the parties. The parties hereto agree that (i) no arbitration proceeding hereunder or any dispute arising hereunder will be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purposed representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING.
We reserve the right to make changes to these Terms. We will inform you of any material changes to these Terms of Service in our discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.