TOGETHER WE CAN HELP ENDANGERED
FORESTS, ANIMALS AND THE CLIMATE.
Just $30/month. Cancel anytime.
We will report all wildlife sightings occurring at the selected Forestry Project(s), with related metrics.
Effective as of 04/05/2021
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
The Terms and Conditions describe the privacy practices of Reforestree’s apps and websites. If you are a resident of North America or outside of North America, your relationship is with Reforestree Inc. (Reforestree U.S.) and the laws of the United States apply.Please note that in order to use our apps and websites, you authorize Reforestree totransfer your personal information across national borders and to other countries where Reforestree and its partners operate, including the United States. The privacy protections and rights of authorities to access your information in these countries may not be equivalent to those in your country. We will only transfer your personal information to these countries where permitted to do so by law and we will take steps intended to ensure that your personal information continues to receive appropriate protections. If the content or information that you store on Reforestree apps or websites contains personal information of other individuals, you must be legally permitted to share the personal information with Reforestree.
ACCEPTANCE OF THESE TERMS
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.
ADDITIONAL TERMS AND POLICIES
“Collective Content” means User Content and Reforestree Content together.
“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
“MyForest” means a private area within the Reforestree platform, where the Reforester can access information about its contribution to the regeneration and
protection of the forest, wildlife and other natural resources.
“Reforester” means THE USER or COSTUMER, anyone (Individual or company) who purchased or received as a gift a MyForest through Reforestree’s sales channels and completes Reforestree’s account registration process.
“Seeder”means farmer, landowner or any worker involved in the reforestation projects who stops deforestation or exploiting the land for conventional planting to regenerate and preserve the native forest.
“Platform” means all Reforestree websites, mobile or other applications, software, processes and any other services provided by or through Reforestree.
“Reforestree Content” means all Content Reforestree makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Reforester or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Reforestree Content and Feedback.
Information We Collect
When ordering, registering or subscribing on MyForest or other Reforestree Platforms, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, social media links or other details to help you with your experience. We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form, send MyForest as a gift or enter information on our site.
How We Use Information?
Reforestree may use the information we collect from you when you register, make apurchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
How We Protect Your Information?
An external PCI compliant payment gateway handles all Credit Card transactions. Atthe moment of writing this is Stripe platform. This may change in the future. All financial transactions are processed through a gateway provider and are not stored or processed on our servers. All of our cyber security controls, policies and procedures are periodically audited to ensure that we are at the forefront of the
cyber risks landscape. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. We do not allow unauthorised access to these customer accounts to ensure that they are kept private and confidential. In addition, all sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology. We use regular Malware Scanning. We implement a variety of security measures when a user places an order, enters, submits, or accesses their information, to maintain the safety of your personal information.
It is the responsibility of the Reforester to ensure the compatibility of their equipment and tools with the Reforestree Platform. Usernames and passwords usedand/or provided to the Reforester are personal, confidential and non-transferable. The Reforester is solely responsible for the use of these identifiers.
The Purchase Process
All prices, unless indicated otherwise, are all in USD. We reserve the right to changepricing at any time for any reason. We reserve the right to not honor typographical errors which may cause incorrect pricing on the website. The full amount is chargedwhen you place your order.
The preceding terms and conditions govern the sale by Reforestree between you and Reforestree Inc. By placing an order with us you acknowledge that you have read, understood, and agree with our terms and conditions. Please notify us prior to placing an order if you disagree with any of our terms and conditions. We reserve the right to alter these terms and conditions at any time for any reason.
Reforestree reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to thePlatform or users, or for any other reason.
Updates to the Services and Software
We may modify, update, or discontinue the Services or Software (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update, or discontinuation. If we discontinue the Services or Software in its entirety, we will use reasonable commercial efforts to allow you to transition your Content, and we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid.
Subscription and cancellation terms
Your MyForest subscription begins as soon as your initial payment is processed. Your subscription will automatically renew annually without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge yourpayment method(s) every year/month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every month of your annual contract until you cancel.
We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date.
If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime in your MyForest page.
For European Economic Area customers, your bank may require you to authenticateyour initial purchase using a password, a one-time code sent to your mobile number, or biometric recognition. When you authenticate, you also authorize us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e., we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring subscription or when you add or change licenses or products.
Specific countries require cancellations to be made only by contacting Customer Support. See the list of following countries:
Indonesia, Malaysia, Philippines, Singapore, Taiwan region, Thailand, Hong Kong SAR of China, Korea, India, People’s Republic of China, Argentina, Chile Colombia, Costa Rica, Ecuador, Guatemala, Peru, Venezuela, Brazil, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Russia, Algeria, Bahrain, Egypt, Jordan, Kingdom of Saudi Arabia, Kuwait, Lebanon, Morocco, Oman, Qatar, Tunisia, United Arab Emirates, Yemen, Israel, Turkey.
Termination by User. The User may stop using the Services and Reforestree Platform at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
Termination by Reforestree
Reforestree terminates the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. Please note you may lose access to your Content upon termination. Unless stated in any Additional Terms, we may, at any time, terminate or suspend your right to use and access the Services if:
(A) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(B) you fail to make the timely payment of fees for the Services, if any;
(C) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend orrestrict your access to the Services);
(D) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services);
(E) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
(F) we elect to discontinue the Services, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law);or
(G) there has been an extended period of inactivity in your free account.
Upon the expiration or termination of the Terms, some or all of the Services may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.
Intellectual Property Rights
Reforestree Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Reforestree and its licensors exclusively own all right, title, and interest in and to the Platform and Reforestree Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Reforestree used herein are trademarks or registered trademarks of Reforestree. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Feedback By sending us any feedback, comments, questions, or suggestions concerning Reforestree or our services, including the Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Reforestree and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.
Reforestree does not endorse any Reforester, Seeder or other parties, and Reforestree is not a party to any agreements between or among users, or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s or Member’s use of any part of the Platform, including but not limited to any scheduling or other services. Neither Reforestree nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Reforestree services they are using or any involvement by Reforestree personnel in providing or scheduling those services.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Reforestree Inc with respect to such actions or omissions.
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, Creative Cloud Customer Fonts, your use of the Services or Software (as applicable), or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
ACCOUNT SUSPENSION OR TERMINATION
You and Reforestree agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Reforestree’s support department at [email protected] Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Reforestree support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Where the relief sought is $10,000 or less and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Utah, United States of America. You and Reforestree further agree to submit to the personal jurisdiction of any federal or state court in Salt Lake County, Utah in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND REFORESTREE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Reforestree) written notice of your decision to opt out to [email protected]reforestree.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Platform; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Reforestree also will not be bound by them.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
The Terms and the relationship between you and Reforestree shall be governed in all respects by the laws of the State of Utah, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Reforestree that is not subject to arbitration must be resolved by a court located in Salt Lake County, Utah, or a United States District Court, District Court of Utah, located in Utah, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah or the United States District Court, District of Utah located in Salt Lake City, Utah, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
We specifically disclaim all liability for any actions resulting from your use of any App, service or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Software.
The number of trees, individuals and wildlife is always approximate, based on studies of the area where the project is located. Therefore MyForest is always related to an area of land equivalent to 5,381 ft², and within that area there are an approximate number of standing trees and other individuals or seedlings to be planted.
Carbon Credits offered in favor of Reforesters (users) will be retired by Reforestree, Inc. However, Reforestree will not benefit from retired carbon credits for its own emissions, as they will be retired in favor of Reforesters, even if they are not directly used by them to offset, to neutralize users’ carbon footprint.
The Reforestree reforestation method is by “natural regeneration” allied with nucleation of some spots, with the minimum amount of native species (at least 20 species per hectare).