Overview and Agreement
This website (https://www.betterplaceforests.com) (the “Website”) is operated by Better Place Forests Co., a corporation organized under the laws of the State of Delaware, and its subsidiaries (collectively, “Better Place”). (Throughout the site, the terms “we”, “us,” and “our” refer to Better Place.) Better Place offers the Website, including all information, tools, products, and services available from the Website to you (collectively, our “Service”), the user, conditioned upon your acceptance of all terms, conditions, policies, and notices.
Please read these Terms of Service carefully before using our Service. By accessing or using any part of the Website or otherwise using our Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
A. Who these terms apply to. These Terms of Service apply to all users of the Website and of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
B. Changes to Service or Terms. Any new features or tools that are added to the Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. As explained more fully below, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
C. Shopify store hosting. We have a store hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. These Terms apply likewise to purchases made and services provided through our Shopify-hosted store.
D. Stripe payment processing. Stripe, Inc. does payment processing for us. They process payments made by you for our products and services. These Terms apply likewise to payments made for our products or services through Stripe.
E. Purchases consummated offline. From time to time, we may consummate or facilitate offline the purchase of a product or service offered or advertised on our Website or through our Service–for example, by executing a “Pre-purchase Agreement” or by taking payment other than through our Website or Shopify-hosted store. These Terms apply likewise to such purchases made and services provided, whether or not the Terms are explicitly incorporated or referenced.
F. Purchases consummated offline. From time to time, we may consummate or facilitate offline the purchase of a product or service offered or advertised on our Website or through our Service–for example, by executing a “Pre-purchase Agreement” or by taking payment other than through our Website or Shopfy-hosted store. These Terms apply likewise to such purchases made and services provided, whether or not the Terms are explicitly incorporated or referenced.
B. Representations you make. You represent and warrant that:
- You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase;
- The information you supply in connection with any Purchase to us is true, correct, and complete;
- At the time you make any Purchase, you are at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Service; and
- You are not making a Purchase for any illegal or unauthorized purpose, and your Purchase does not violate any laws in your jurisdiction.
C. Purchase limitations. We reserve the right to:
- Refuse, limit, or cancel your Purchase at any time for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or any other reason;
- Refuse, limit, or cancel your Purchase if fraud or an unauthorized or illegal transaction is suspected;
- Limit Purchases to certain persons, geographic regions, or jurisdictions, consistent with applicable laws;
- Change prices or product or service characteristics or descriptions, or discontinue any product or service at any time;
- Change the products or services to be provided by Better Place as part of an already-made Purchase, provided that we first offer you a refund of the Purchase price before any material change takes effect.
D. Prohibited Purchases. Any offer for any product or service made on the Website or through the Service is void where prohibited.
In using the Service, you agree not to:
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Use the Service for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse, or harm another person or group;
- Provide us with false or inaccurate information;
- Interfere or attempt to interfere with the proper functioning of the Service;
- Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- Publish or link to malicious content intended to damage or disrupt another user’s browser or computer; or
- Submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
You hereby affirm we have the right to determine whether any information or data you post, upload, link to, or otherwise make available on the Website or through the Service (your “User Content”) is appropriate and comply with these Terms of Service, remove any and/or all of your User Content, and terminate your access to our Service with or without notice.
You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Better Place is not responsible for any public display or misuse of your User Content. Better Place does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Better Place, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Better Place does not guarantee the accuracy, completeness, or usefulness of any information on the Service, and neither does Better Place adopt nor endorse, nor is it responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Better Place. Better Place takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends on the Website or through the Service.
In no circumstances will Better Place be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website or through the Service, or transmitted to users.
Copyright Complaints and Copyright Agent
A. Termination of repeat infringer access. Better Place respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. § 512(i), Better Place has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. Better Place may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
B. DMCA take-down notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512) (“DMCA”) by sending the following information in writing to Better Place’s designated copyright agent at [email protected]:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
C. Counter-notices. If you believe that your User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address; a statement that you consent to the jurisdiction of the federal court in California; and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Better Place’s copyright agent, Better Place may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in Better Place’s discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content on the Website or through the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Better Place, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service.
AVAILABILITY, ERRORS, INACCURACIES, AND OMISSIONS
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found through the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We are not responsible if information made available on the Website or through the Service is not accurate, complete or current. The material on the Website and available through the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Website or available through the Service is at your own risk.
The Website and/or Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website and/or Service at any time, but we have no obligation to update any information on the Website or available through the Service. You agree that it is your responsibility to monitor changes to our site.
The Service and its original content, features, and functionality are and will remain the exclusive property of Better Place and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Better Place. We reserve all rights that are not expressly granted to you under these Terms.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Better Place. Better Place has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Better Place shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
BETTER PLACE, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, ERROR-FREE, DEFECT-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE WEBSITE OR THE SERVICE.
WE MAY PROVIDE YOU WITH ACCESS TO THIRD-PARTY TOOLS THAT WE NEITHER MONITOR NOR HAVE ANY CONTROL OVER NOR INPUT ON. YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH TOOLS ”AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF OPTIONAL THIRD-PARTY TOOLS.
ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH THE WEBSITE OR SERVICE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S). WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND/OR FEATURES THROUGH THE WEBSITE OR SERVICE (INCLUDING, THE RELEASE OF NEW TOOLS AND RESOURCES). SUCH NEW FEATURES AND/OR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.
Some jurisdictions do not allow the exclusion or disclaimer of certain warranties, so the above may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETTER PLACE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; (D) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (E) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMT THAT MAKE THE SERVICE AVAILABLE; (F) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; AND/OR (G) ANY OTHER INTERACTIONS WITH BETTER PLACE OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE KNOWINGLY AND INTELLIGENTLY, THE BENEFITS OF CALIFORNIA CIVIL CODE § 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
A. Governing law. These Terms and your use of the Website and the Services are governed by the laws of the State of California, and the federal laws of the United States of America applicable therein, without regard to conflict of law provisions.
D. Severability. If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect.
E. No waiver. Any failure on the part of Better Place to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.
F. Consent to electronic communications. For contractual purposes, you (1) consent to receive communications from Better Place in an electronic form via the email address you have submitted; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that Better Place provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
G. Survival. Our rights under these Terms will survive any termination of the Terms.
H. Time-bar on claims. You agree that any cause of action related to or arising out of your relationship with Better Place must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
I. Construction. Any ambiguities in the interpretation of these Terms shall not be construed against Better Place.
J. Termination. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we may, but are not obligated to, provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
It is your sole responsibility to check the Website from time to time to view any such changes in the Terms. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Any changes to these Terms (other than as set forth in this “Changes” section) or waiver of Better Place’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Better Place. No purported waiver or modification of this agreement by Better Place via telephonic or email communications
A. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND WILL BE BOUND BY THEM.
C. YOU ACKNOWLEDGE THAT RESERVATIONS, DEPOSITS, PRE-PAYMENTS, PRE-PURCHASES, AND OTHER ADVANCE PAYMENTS OF THE TYPE OFFERED ON THE WEBSITE OR THROUGH THE SERVICE (“ADVANCE PAYMENTS”) WILL BE USED BY BETTER PLACE FOR THE PURPOSE OF DEVELOPING THE ANTICIPATED PRODUCTS OR SERVICES. BETTER PLACE WILL USE ITS BEST EFFORTS TO DELIVER THE ANTICIPATED PRODUCTS OR SERVICES, BUT CANNOT, AND DOES NOT, GUARANTEE SUCH DELIVERY.
D. YOU ACKNOWLEDGE THAT ADVANCE PAYMENTS ARE INHERENTLY RISKY IN THAT THERE IS THE POSSIBILITY THAT BETTER PLACE WILL BE UNABLE TO HONOR THEM, FOR EXAMPLE, IN THE EVENT THAT BETTER PLACE FAILS TO PRODUCE THE ANTICIPATED PRODUCTS OR SERVICES OR BECOMES INSOLVENT. YOU ACKNOWLEDGE THAT YOU MAY THEREFORE LOSE AND BE UNABLE TO RECOVER ANY SUCH ADVANCE PAYMENTS EVEN IN THE EVENT THAT THE ANTICIPATED PRODUCTS OR SERVICES ARE NOT DELIVERED. YOU ACKNOWLEDGE THAT “NON-REFUNDABLE” PAYMENTS WILL NOT BE REPAID IN ANY CIRCUMSTANCES, AND THAT THERE MAY BE CERTAIN CIRCUMSTANCES IN WHICH BETTER PLACE CANNOT REPAY EVEN “REFUNDABLE” PAYMENTS. YOU AGREE TO MAKE SUCH ADVANCE PAYMENTS IN FULL UNDERSTANDING AND CONTEMPLATION, AND DESPITE, THESE RISKS, ALL OF WHICH YOU HEREBY EXPRESSLY ACKNOWLEDGE; AND YOU AGREE THAT YOU WILL NOT SUE OR OTHERWISE ATTEMPT TO HOLD BETTER PLACE LEGALLY RESPONSIBLE IN THE EVENT THAT BETTER PLACE DOES NOT OR CANNOT DELIVER THE ANTICIPATED PRODUCT OR SERVICE, AND/OR DOES NOT OR CANNOT REPAY ANY ADVANCE PAYMENTS YOU MAY HAVE MADE TO BETTER PLACE.
If you have any questions about these Terms, please contact us at [email protected].
Last Modified: June 12th, 2018