Terms of Use
(Oct 15, 2021)
1.Terms and Conditions (“Terms”)
The following Terms are a legal agreement between You, the user (“You”) and Offset Alliance LLC (“Offset Alliance” or “we”, “our”, “us”). By accessing or using the Offset Alliance website and all materials, information and services including but not limited to our Offset Climate Certification, made available either online or offline, (collectively, the “Service”) You agree to be bound by these Terms. We reserve the right to make changes to these Terms and inform You of any changes at our sole discretion. By continuing to use the Service after any changes to the Terms are posted, You accept those changes. We may terminate, change, suspend, or discontinue any aspect of the Service, including the availability of any features of the Service, at any time.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to You in the event of a dispute.
2.Account Registration & Eligibility
In order to use the Service, You must be in a country in which Offset Alliance is legally authorized to operate the Service - currently the United States of America only. If you proceed in viewing content and/or transacting business with us, you agree that we are not responsible for any country or geography specific laws or regulations that differ from those we operate under in the United States of America.
AGE REQUIREMENT: IN ORDER TO USE THE SERVICE, YOU MUST BE AT LEAST 13 YEARS OF AGE, AND TO TRANSACT ANY MONETARY PAYMENTS YOU MUST BE AT LEAST 18 YEARS OF AGE.
You represent that (i) You have read and understood, and that You agree to be bound by, these Terms, and (ii) You meet the age requirements set herein. If You are using the Service on behalf of an entity, organization or company (“Company”), then You represent and warrant that You have the authority to bind the Company to these Terms and agree to be bound by these Terms.
3.Subscriptions
When You sign up for one of our monthly subscriptions, every month Offset Alliance will bill You in the amount stated at the time of sign up, using the payment method specified by You. Subscriptions begin as soon as You successfully complete the sign-up process, including payment confirmation. Subscriptions renew automatically on a monthly basis unless You cancel the subscription as stated in section 4. We may change our subscription pricing and options, but the payment amount You sign up for will not be changed unless You contact us in writing to request a change.
4.Refunds & Cancellations
Offset Alliance does not offer refunds. This is because when a verified carbon offset is retired, it is permanently removed from the marketplace so that nobody else can claim the positive environmental and social benefits it provides. If You choose one of our monthly subscriptions, You may cancel any time for any reason either through the Service or by sending an e-mail to join@offsetalliance.co no less than 10 days prior to the next scheduled charge to the payment method You used at time of sign up.
5.Term & Termination of Use
These Terms are effective beginning when You access the Service. You agree that Offset Alliance may at its sole discretion and at any time terminate the Service and any account(s) You may have in connection with the Service. You may discontinue use of the Service at any time. Upon termination of these Terms, all clauses stated herein shall survive. We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of the Service.
6.Projects Portfolio Selection & Performance
We reserve the right to change the projects in our portfolio at any time without notice to You. If a project in the portfolio becomes unavailable for any reason, we reserve the right to eliminate or replace that project at our sole discretion.
7.Limited Liability
You have one exclusive remedy for dissatisfaction with the Service, which is to stop using the Service. To the maximum extent permitted by applicable law, in no event will Offset Alliance or its affiliates, suppliers or partners be liable to You or any other person for any general, direct, indirect, consequential, special, incidental or cover damages including but not limited to loss of profits, loss of personal property including data or any other similar damages or loss arising out of the use or inability to use the Service. We make no warranties of any kind, whether implied or express. We will provide reasonable proof of carbon emissions reductions through the Service on a quarterly basis, represented by quantity of carbon offsets measured in metric tonnes that have been retired in their respective registry. Carbon offset credit retirements are listed on our website’s About Us page, under the Transparency section. Carbon offset retirements made in accordance with our Offset Climate Certification are documented on each individual certified business’s landing page hosted by Us. All emission measurement estimates are subject to published emission factors from entities including, but not limited to the United States EPA, UN ICAO and the UK DEFRA, and may change without notice. All emission reductions through carbon offset credits are defined by, and subject to protocols set by greenhouse gas / carbon offset registries including but not limited to Verra, Gold Standard, Climate Action Reserve and American Carbon Registry. In no event shall Offset Alliance be held liable for any failure to perform to the extent caused by or resulting from any cause or circumstance beyond its reasonable control and which by the exercise of due diligence, it could not have reasonably prevented or overcome. Offset Alliance assumes no liability for any losses or damages incurred by You in the event of any reversal of emission reductions made through the Service. Our maximum liability to You for any claim arising out of the Service will be US$25.
8.International Users and Dispute Resolution
The Service is made available by Offset Alliance for use within the United States of America, and we make no representation that the Service is appropriate or available in any other countries or territories. If You access the Service from outside the United States of America, You are responsible for compliance with all local laws. By using the Service or any information or content made available by us through the Service, You hereby consent that any dispute arising out of You using the Service will be resolved by binding arbitration in the state of California, and governed by the U.S. Federal Arbitration Act.
9.Links to Other Websites
Our Website contains links to websites of third parties. These links are provided to You as a convenience for your information only, and We are not responsible for any content displayed on these sites, as We have no control over the contents of those websites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from Your use of them. In addition, linking to any non-Offset Alliance website url does not imply that We endorse or accept any responsibility for the content or use of such websites.
10.Privacy
Our Privacy Policy will apply when You use the Service. The terms of our Privacy Policy are made a part of these Terms. You acknowledge and agree that You are responsible at all times for maintaining the confidentiality and protection of Your account and password information if such information is applicable to Your use of the Service.
11.Intellectual Property
All logos, iconography, images, project and company names used within the Service are trademarks™ or registered® trademarks of their respective holders.