Last updated: September 6, 2019
“Company” means Ecocred, LLC or any company doing business as EcoCRED as a direct result of a merger, acquisition, asset sale, or other transfer of assets from Ecocred, LLC to another company.
“Customer” means the person(s) whose order for the Goods is accepted by the Company.
“Goods” means carbon offsets which the Customer has purchased from the Company and the Company is to supply to the Customer.
All orders are accepted by the Company subject to and in accordance with these Terms and Conditions which override and exclude any other terms stipulated or incorporated or referred to by the Customer during any negotiations or in any course of dealing between the Company and the Customer.
ALL SALES FINAL; EXCEPT AS SET FORTH EXPRESSLY HEREIN, ALL GOODS ARE PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (this disclaimer may not apply in your state). All prices quoted include sales taxes and other local levies in accordance with the law of the Company’s jurisdiction. The Company will not be responsible for any delays or losses during the shipment process. The Company reserves the right to decline to trade with any other company or person.
Carbon Offset Purchase
Your purchase commits the Company to obtain and retire a specific quantity of commercially available carbon offsets. A carbon offset represents a verified reduction in greenhouse gas emissions, measured in pounds or metric tons of carbon dioxide equivalent (CO2e). By retiring carbon offsets, the Company ensures the reductions are permanent. They can never be reused or resold.
The quantity of carbon offsets associated with your purchase is listed on your order confirmation. This offset represents a reduction in greenhouse gas emissions (where the greenhouse gas is captured, avoided or destroyed), not in other pollutants such as particulate matter, lead or nitrogen oxides. If you calculated your emissions using an EcoCRED calculator, remember that the calculator only provides estimates of your carbon footprint. Purchasing an offset does not reduce CO2 emissions directly from your activities; rather, your purchase supports emission reduction projects elsewhere.
EcoCRED Customers may obtain a certificate specifying the amount of Goods purchased and which may provide information relating to the location and nature of the Goods purchased. The Company procures the Goods from reputable sellers that verify to Company that the Goods come from bona fide emissions reduction projects that meet industry standards such as the Gold Standard, the Verified Carbon Standard or the Climate Action Reserve: the Company does not independently verify or validate any aspect of the Goods or their underlying projects.
When a Customer purchases a subscription, every month that the subscription is active the Company will bill the Customer in the monthly amount and using the payment method specified and provided by the Customer at the time of purchase. 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 [ ].
Legal construction / Force majeure / Exports
The Company shall not be liable for any damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information, whether or not and even if due to the negligence of the Company, its employees, contractors, agents or representatives. 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.
All matters under these Terms and Conditions that may require legal determination shall be determined applying the laws of Delaware, and the parties agree that the courts of Delaware shall have exclusive jurisdiction over all disputes. ALL PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY DISPUTE.
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Terms and Conditions because of any delay in performing or any failure to perform any of the Company’s obligations hereunder if the delay or failure was due to any cause beyond the Company’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labor disputes or inability to obtain or a delay in obtaining supplies of Goods or labor). The Company may, at its option, delay the performance of, or cancel the whole or any part of a sales contract or subscription.
Customers are responsible at their expense for obtaining any license and complying with any export regulations in force within this country and the country for which Goods are destined.
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