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Terms & Conditions


1. Terms & Conditions

Welcome! The Climate Trust is committed to providing an excellent experience for users of this website. These Website Terms & Conditions (“Terms”) govern the use of https://www.climatetrust.org, and any content, features, functionality, and services available through the site, such as the ability to purchase carbon credits (collectively, the “Website”). These Terms are entered into voluntarily between The Climate Trust (“We,” “Us,” or “Our”) and You. “You” or “Your” in these Terms mean the entity or individual that has consented to these Terms by any binding method of acceptance of these Terms. We and You are collectively referred to in these Terms as the “Parties.” To use the Website You must be 16 years or older and have the power and authority to enter into these Terms on behalf of any person or entity for whom You are using the Website. By accessing the Website, You agree to be bound by these Terms. 

From time to time, We may change these Terms in our sole discretion. Changes are effective immediately when We post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that You accept and agree to the changes. 

THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BETWEEN YOU AND US THROUGH BINDING ARBITRATION, AND A WAIVER OF THE RIGHT TO CONDUCT SUCH PROCEEDINGS ON A CLASS BASIS, AS SET FORTH UNDER THE HEADING “ARBITRATION AGREEMENT.” IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND SERVICES THEREON AND YOU MUST DISCONTINUE USE IMMEDIATELY. ALTERNATIVELY, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE INSTRUCTIONS IN THAT SECTION.

Unless Your access to the Website has been or is terminated or suspended by Us, You may choose to purchase carbon credits (“Carbon Credits”) through the Website. These Terms, and any additional terms and conditions agreed to by You at the point of sale of Carbon Credits, contain the entire agreement between You and Us with regard to the Website, your use of the Website, and the sale of Carbon Credits.

2. User Representations

By using the Website, You represent and warrant that: (1) any information You submit will be true, accurate, and complete at the time You submit it, and shall remain current at all times You use the Website; (2) You have the legal capacity to agree to these Terms, and You agree to comply with these Terms; (3) You are not a minor in the jurisdiction in which You reside; (4) You will not access or use the Website through automated or non-human means, whether through a bot, scraper, script or otherwise; (5) You will not use the Website for any illegal or unauthorized purpose; (6) Your use of the Website will not infringe or misappropriate any third party intellectual property rights, or violate any applicable law or regulation; (7) You are acting for Your own account, have made Your own independent decision to enter into these Terms and as to whether these Terms, and any transactions completed under them, are appropriate or proper for You based upon Your own judgment, You are not relying upon Our advice or recommendations in so doing, and are capable of assessing the merits of and understanding, and understand and accept, the terms, conditions and risks of these Terms; (8) You have entered into these Terms in connection with the conduct of Your business and You have the capacity or ability to make or take delivery of all Carbon Credits or other products acquired through the Website and with the intention that any Carbon Credits or similar products shall be physically settled through delivery or retirement and shall not be financially settled or otherwise constitute a “swap” within the meaning of the Commodity Exchange Act, 7 U.S.C. 1a(47)(A); (9) You are not relying upon any representations of Us other than any expressly set out in these Terms and We have not given to You any assurance or guarantee as to the expected financial performance or result of transactions under these Terms, and You have entered into these Terms as principal and for Your own account (and not as advisor, agent, broker or in any other capacity, fiduciary or otherwise); and (10) We are not acting as Your fiduciary or financial investment advisor. If a person is using the Website on Your behalf, that person represents and warrants that they have the requisite authority and is authorized to do so.

3. Carbon Credit Purchases

The price, project location, amount of Carbon Credits, and additional information will be made available through the Website at the time of Your purchase. Any purchase You make through the Website is subject to these Terms. By placing an order for Carbon Credits through the Website, You also agree to any additional information and terms provided at the time of purchase, and such information and terms are incorporated in these Terms. In order to purchase Carbon Credits, You will be required to provide Us with contact and payment information.

By placing an order for Carbon Credits through the Website, You are irrevocably offering to purchase the requested Carbon Credits, on the terms contained in these Terms and in Your ordering information. We may refuse any order placed through the Website, or limit or cancel quantities purchased, at our sole discretion. We accept Your offer to purchase the requested Carbon Credits when We provide You with the receipt for Your purchase. This receipt will serve as Your only confirmation of the purchase and subsequent retirement of the requested Carbon Credits. Carbon Credits sold under these Terms may be Carbon Credits owned by one of Our affiliates or subsidiaries.

Availability of Carbon Credits on particular projects may change over time. If We are unable, within ninety (90) days of receiving a request, to fulfill a corresponding purchase, including if We are for any reason unable to retire the Carbon Credits, We may, at Our discretion, offer to fulfill the purchase with substantially equivalent Carbon Credits, or refund to You the purchase price You paid for the purchase not completed. Our providing You with substantially equivalent Carbon Credits or providing You a refund is Your sole and exclusive remedy, and Our sole and exclusive liability, for failure to complete an order. Except as set forth in the foregoing paragraph, all purchases made through the Services are final and no refunds are available.

Carbon Credits and projects posted on Our Website are listed on reputable international carbon registries. You can access information provided by the applicable registry about projects posted on the Website via links to the applicable registry information provided through the Website. In placing an order to purchase credits through the Website, You acknowledge that: (1) You are relying on the fact of the project’s listing on the applicable registry and on any information provided by the registry regarding the applicable project(s) and the verification efforts undertaken by the carbon registries relating to the carbon credits being sold in connection with those projects (collectively, “Registry Information”); and (2) You are not relying on Us for any such information. You further acknowledge that We are relying on the Registry Information, that We do not generate, and are not responsible for, the content of the Registry Information, and that We are not liable to You for any inaccuracies or inconsistencies in the Registry Information pertaining to any carbon credits You purchase via the Website, and do not represent or warrant to You that the Registry Information is free from any inaccuracies or inconsistencies.

4. Delivery and Retirement of Carbon Credits

Carbon Credits purchased through the Website shall be deemed delivered to You when We retire the Carbon Credits. When they are delivered, the Carbon Credits will be free and clear of liens, claims, and other encumbrances. We will use reasonable efforts to retire all Carbon Credits within 90 days of your order. We will state in the retirement on the applicable registry that the Carbon Credits were retired on behalf of Our retail customers. We will not name You or other customers in Our retirement statement. Retirement of Carbon Credits You purchase may be in bulk, and may be retired with Carbon Credits purchased by other customers. When We retire Carbon Credits for You, We may do so in accounts owned in the name of one of Our affiliates or subsidiaries.

5. Project Information

We use proprietary methods to develop information relating to the validation of Carbon Credits of all projects. In developing such information, We develop and/or review project documentation including project descriptions provided on registry websites and apply Our proprietary models to project boundaries as determined by files provided to Us by the landowner or project developer. These proprietary models review factors such as Registry eligibility, additionality, permanence, among other things. We may provide access via the Website to certain of such information, but unless expressly stated in a separate agreement between You and Us, We do not commit to make available any particular information in connection with a purchase or otherwise through the Website. Although We endeavor to provide the most accurate information possible, such information necessarily includes estimates and approximations, and We do not guarantee, represent, or warrant the accuracy or reliability of the information. You acknowledge that We shall not be liable to You for any inaccuracy or inconsistency reflected in any information you receive through the Website. Additionally, We may, in our sole discretion, narrow or modify the scope and nature of the information made available with respect to any projects for which You have purchased Carbon Credits.

6. Change in Laws

If any statutes, rules, regulations, Registry Protocols or Offset Project Oversight Body procedures are enacted, amended, granted or revoked which have the effect of changing the transfer and sale procedure set forth in these Terms so that the implementation of these Terms become impossible or impracticable (a “Change in Law”), You hereby agree to negotiate in good faith to amend these Terms as applicable to You to conform with such new statutes, rules, regulations, Registry Protocols or Reserve procedures, in order to maintain the original intent of You and Us under these Terms. You and Us are unable to agree on revised terms within twenty (20) business days following the notice of a Change in Law, You or We may terminate these Terms and all obligations shall be released and discharged and no termination payment shall be due, provided that Your obligation to pay any amounts due for Carbon Credits already delivered shall survive the termination.

7. Payment

You will be billed for and must pay for Your order at check-out. We use a third-party payment processor (the “Payment Processor”) to bill You for payments owed in connection with transactions made through the Website. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By making a purchase through the Website, You agree to pay Us, through the Payment Processor, all charges as set forth at the time of Your purchase in accordance with the applicable payment terms and You authorize Us, through the Payment Processor, to charge Your payment provider. You agree to make payment using that selected payment method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

You agree to provide current, complete, and accurate purchase and account information to the Payment Processor for all purchases You make in connection with the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date with the Payment Processor. Sales tax will be added to the price of purchases as deemed required by Us. All sales are final and no refund will be issued.

8. Termination

We reserve the right, for any reason whatsoever and without prior notice or liability, to terminate or suspend access to Our Website. All provisions of these Terms which by their nature should survive termination shall survive any termination of Your access to the Website. If any Carbon Credits are allocated to You at the time of Your termination or suspension, You will have 30 (thirty) calendar days to instruct Us whether to either retire such Carbon Credits on Your behalf or to transfer them to Your account at a supported registry. If after such period You have not provided Us instructions, We will retire such credits on Your behalf.

9. Legal Disclaimer and Limitations of Liability 

YOU USE THE WEBSITE AT YOUR OWN RISK. UNLESS SPECIFIED OTHERWISE IN THESE TERMS, THE WEBSITE, INCLUDING ALL CONTENT FOUND THEREON AND CARBON CREDITS PURCHASED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR PRODUCTS OFFERED OR PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE, AND WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE CONTENT FOUND THEREON, AND THE CARBON CREDITS, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, UNDER ANY LEGAL THEORY, AND REGARDLESS OF WHETHER A PARTY WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, OR AVAILABLE OR WITHOUT INTERRUPTION, NOR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE WEBSITE WILL BE SECURE. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE TO ELECTRONIC EQUIPMENT, CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESSOR INTERCEPTION OF DATA, THEFT, OR ERRORS. NO SUIT MAY BE BROUGHT AGAINST US OR OUR AFFILIATES ARISING OUT OF THESE TERMS OR THE WEBSITE, INCLUDING ARISING OUT OF ANY TRANSACTION EFFECTED THROUGH THE WEBSITE, UNLESS THE SUIT IS BROUGHT WITHIN ONE YEAR AFTER THE APPLICABLE CLAIM AROSE.  

10. Security

While We try to maintain the security of the Website, We do not guarantee that the Website is secure. If You become aware of any unauthorized alterations to the Website or any other breach of security, please contact us immediately. Additional information regarding the security of Your personal information is included in Our Privacy Policy, located here: Privacy Statement – The Climate Trust

11. Confidentiality

Through Your access to and use of the Website You may receive access to certain business, technical, or financial information relating to Us or Our business (the “Confidential Information”). You shall: (a) only use Confidential Information solely as necessary to carry out Your rights and obligations under these Terms; (b) use the same efforts to protect the confidentiality of the Confidential Information as You use to protect Your own confidential information of similar sensitivity, but in no event less than a reasonable degree of care; and (c) not disclose the Confidential Information to any third party without Our written consent. If You are required by applicable law or order to disclose any Confidential Information, You will provide Us with as much notice of such required disclosure as is possible, cooperate with Us to oppose such required disclosure, and, if the required disclosure is ultimately required, disclose only as much of the Confidential Information as is strictly necessary to satisfy the requirements.

12. Intellectual Property Rights and Trademarks

The Website and its contents, features, and functionality (including but not limited to all trademarks, whether registered or unregistered, graphics, logos, designs, page headers, and button icons) are owned by Us (the “Climate Trust Content”). Except as expressly provided under this Section, You do not obtain any right, title, or interest in or to the Climate Trust Content, and You may not use any Climate Trust Content (or any trademarks confusingly similar to any trademarks contained in the Climate Trust Content or otherwise owned by Us). You may use the Website and all Climate Trust Content thereon only for their intended purposes, and only as permitted under these Terms.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website (“Feedback”) provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Feedback, and You hereby warrant that any such Feedback are original with You or that You have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Feedback.

13. Limitations on Use; Prohibited Uses

The Website and all content thereon are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for the Website.

You may use the Website only for lawful purposes and in accordance with these Terms. More specifically, but without limitation, You agree not to:

  • use the Website in any way that violates any applicable federal, state, local, or international law or regulation; 
  • use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to purchase carbon offsets through the Website; 
  • use any robot or other automatic device, process, or means to access the Website for any purpose, use any device or software that interferes with the proper working of the Website, introduce any viruses or other material that is malicious or technologically harmful to the Website, or otherwise attempt to interfere with the proper working of the Website; 
  • attempt to gain unauthorized access to data or user information that may be stored on the Website;
  • impersonate or attempt to impersonate any other person or entity;
  • provide any false or misleading information through the Website; or
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

14. Arbitration Agreement

Please read the following section carefully. This Arbitration Agreement (“Arbitration Agreement”) requires You to arbitrate disputes with Us and limits the manner in which You can seek relief. 

You agree that any and all disputes and claims relating in any way to these Terms (including the arbitrability of any claim or dispute and the enforceability of this paragraph), Your use of the Website, and Carbon Credits purchased through the Website, shall be submitted to and resolved by means of confidential arbitration conducted in Portland, Oregon. You agree that You will only pursue claims and seek relief against Us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. You further agree to hereby waive Your right to a jury trial in connection with any action or litigation arising out of or related to these Terms. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation over whether to vacate or enforce an arbitration award, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

You agree that good-faith informal efforts to resolve disputes often result in a prompt, low-cost and mutually beneficial outcome. You therefore agree that, before initiating any claim or arbitration proceeding, You will meet with Our representative and make a good-faith effort to resolve any claim. You agree that, before initiating any claim or arbitration proceeding, You will participate in an informal dispute resolution conference. You will provide notice to Us in writing of Your intention to initiate an informal dispute resolution conference, and a conference shall occur within 60 days of receipt of said notice. To notify Us, email info@climatetrust.org, providing Your name, telephone number, email address, a description of Your claim, and “Notice of intention to initiate informal dispute resolution conference” in the subject line. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration.

This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. Any arbitration shall be conducted under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association (“Rules”). The Rules are available at www.adr.org. The arbitration will be conducted in English and by a single commercial arbitrator with substantial experience in resolving commercial contract disputes. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. There is no judge or jury in arbitration, but the arbitrator will be empowered to award the same damages and relief as a court (including, without limitation, monetary damages, injunctive relief, and declaratory relief). 

The Rules will govern payment of all arbitration fees. We will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. We will not seek Our attorneys’ fees and costs in arbitration unless the arbitrator determines that Your claim is frivolous.

YOU AND WE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE PERSON OR ENTITY CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PERSON OR ENTITY EXCEPT AS SET FORTH IN THE RULES.

You may opt out of this Arbitration Agreement only by following the procedures laid out in this paragraph. If You opt out, neither You nor We can force the other to arbitrate as a result of this Arbitration Agreement. To opt out, You must notify Us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include Your name and address, the email address You currently use to access the Website (if you have one), and the following statement: “I hereby opt out of the Arbitration Agreement contained in The Climate Trust’s Website Terms & Conditions.” You must send Your opt-out notice to Us at the physical address at the end of these Terms. 

If You opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to You. If You opt out of this Arbitration Agreement, and/or in any circumstances where the foregoing Arbitration Agreement permits either party to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both You and Us agree that any judicial proceeding will be brought in the state or federal courts located in, respectively, Multnomah County, Oregon. You hereby waive any objections to judicial proceedings being heard in Multnomah County, Oregon.

Notwithstanding the foregoing, to the extent We have claims against You that You have in any manner violated or threatened to violate Our intellectual property rights, or violated the security of the Website, including unauthorized access to or use of any Climate Trust Content or personal data contained therein, We may seek injunctive or other appropriate relief in any court located in Oregon. You hereby consent to the exclusive jurisdiction and venue of the federal, state, and local courts located in Oregon, and You waive any jurisdictional, venue, or inconvenient forum objections thereto.

15. Electronic Signatures

You hereby consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

16. Miscellaneous

These terms do not create any partnership, joint venture, employer-employee, agency, or franchise relationship between You and Us. If any provision of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. The section headings are for convenience only and shall not be used to construe or interpret these Terms. No waiver of any provision of these Terms shall be valid unless in writing and signed by the party granting the waiver. No waiver of any provision or requirement of these Terms will be deemed to be a waiver of such provision or requirement on another occasion or of any other provision or requirement of these Terms. You may not assign, transfer, or sublicense any or all of Your rights or obligations under these Terms without Our express prior written consent. However, We may assign Our rights and duties under these Terms to any party, at any time, and without notice to You, unless otherwise expressly stated in these Terms or required by law. Nothing contained in these Terms is in derogation of Our right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Website or information provided to or gathered by Us with respect to such use. We reserve all rights not expressly waived in these Terms. 

17. Contact Us 

If You have any comments, concerns, or questions about these Terms or the Website, please contact us at info@climatetrust.org or 80 SE Madison St, Suite 216, Portland, Oregon 97214.