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If you have any concerns or questions reach out to us using the info or the form bellow.
Call us: +1 801-285-7557  Email us: [email protected]

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PRIVACY POLICY

Effective as of 04/05/2021

This privacy policy (the “Privacy Policy”) applies to the REFORESTREE platform, owned and operated by REFORESTREE INC “Reforestree,” “we,” “us,” or “our”. We have created this Privacy Policy to tell you what information the Platform collects, how we use that information, and who we will share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms of Use. By visiting and/or using our Platform, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.

  1. Information We Collect or Receive. In the course of operating the Platform, we will collectand/or receive the following types of information. You authorize us to collect and/or receive such information.
    1. Personal Information. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via email or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name, e-mail address, physical address, and phone number. We do not collect any Personal Information from you when you use the Platform unless you provide us with the Personal Information voluntarily.
    2. Third-party Log In. If you sign in through Reforestree, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Reforestree would provide to us through Reforestree’s application Programming Interface (“API”). Such information
      may include, without limitation, your first and last name, Reforestree username, Reforestree profile picture, headline, unique identifier and access token, and e-mail address.
    3. Payment Information. If you choose to make a purchase or subscribe to a feature or service ours that requires a fee, you will be required to provide us with your payment information, including, without
      limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and
      processed byour third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with
      such purchases or subscriptions.
    4. Geolocational Information. Certain features and functionalities of the Platform are based on your location. In order to provide these features and functionalities while you are using your device, we may, with your consent, automatically collect geolocational information from your device or wireless carrier and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such GeolocationalInformation occurs only when the Platform is running on your device. You may 1 decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.
    5. Third-Party Analytics. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the Platform, compile reports on activity,
      collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Platform and Device and Internet usage. These third parties use cookies and other
      technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more
      information on these third parties, including how to opt out from certain data collection, please visit [URLs]. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the Platform.
    6. Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the Platform; your interactions with us and our advertising; and information regarding your computer
      and Device devices used to access the Platform (collectively, the “Other Information”). Such Other Informationmay include:

       

      1. From You. Additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences.
      2. From Your Activity. We may collect or receive information regarding:
        1. IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device;
        2. browser type and language;
        3. referring and exit pages and URLs;
        4. date and time; and
        5. details regarding your activity on the Platform, such as search queries and other performance and usage data.
      3. About Your Device. We may collect or receive information regarding:
        1. type of Device;
        2. advertising Identifier (“IDFA” or “AdID”);
        3. operating system and version (e.g., iOS, Android or Windows);
        4. carrier; and
        5. network type (WiFi, 3G, 4G, LTE).
      4. From Cookies. We may use both session cookies, which expire once you close the Platform, and persistent cookies, which stay on your Device device until you delete them and other technologies to help us collect data and to enhance your experience with the Platform. Cookies are small text files an Platform can use to 2 recognize a repeat visitor to the Platform. We may use cookies for various purposes, including to:
        1. type of device;
        2. personalize your experience;
        3. analyze which portions of the Platform are visited and used most frequently; and
        4. measure and optimize advertising and promotional effectiveness.If you do not want us to deploy cookies in the Platform, you can opt out by setting your device to reject cookies.
          You can still use the Platform if you choose to disable cookies, although your ability to use some of the features may be affected.
  2. Information Collected by or Through Third-Party Advertising Companies. We may share Other Information about your activity on the Platform with third parties for ad distribution and ad optimization(defined as the tailoring, targeting (i.e., behavioral, contextual, retargeting, analyzing, managing, reporting, and optimizing of ads). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.
  3. How Information is Used and Shared.
    1. You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:
      1. provide and improve our Platform;
      2. provide our services;
      3. administer our promotional programs;
      4. provide our services;
    2. In order to provide our services and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
    3. We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law
    4. In an ongoing effort to better understand our users, the Platform, and our products and services, we may analyze certain Information in anonymized and aggregate form to 3 operate, maintain, manage, and improve the Platform and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our
      affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Platform and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
    5. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
    6. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
    7. To the extent permitted by law, we may also disclose the Information:
      1. when required by law, court order, or other government or law enforcement authority or regulatory agency; or
      2. whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
  4. Accessing and Modifying Information and Communication Preferences. If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking onthe “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Platform (e.g., requests for support).We may also deliver notifications to your device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your device.
  5. How We Protect Your Information. We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
  6. Important Notices to Non-U.S. Residents. The Platform and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, 4 maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Platform, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
  7. Platform Stores; External Websites. Your Platform store (e.g., iTunes or Google Play) maycollect certain information in connection with your use of the Platform, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party Platform store, and any such collection or use will be subject to that third party’s applicable privacy policies.The Platform may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
  8. Children. The Platform is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) notuse the Platform. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.
  9. Changes to This Privacy Policy. This Privacy Policy is effective as of the date stated at the top of thisPrivacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on thePlatform. By accessing the Platform after we make any such changes to this Privacy Policy, you are deemed tohave accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of theInformation is governed by the Privacy Policy in effect at the time we collect the Information. Please referback to thisPrivacy Policy on a regular basis.
  10. How to Contact Us. If you have questions about this Privacy Policy, please e-mail us at [e-mail address] with“Privacy Policy” in the subject line or mail us at the following address: [email protected]

TERMS AND CONDITIONS

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

This Terms of Use Agreement (“Terms”), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the Platform made available by Reforestree Inc. (“Reforestree,” “we,” “our,” or “us”) or through Reforestree and the entirety of your relationship with Reforestree.

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.

MODIFICATIONS

Reforestree reserves the right, in its sole discretion, to modify these Terms, and anyother documents incorporated by reference herein, at any time and without prior notice. Reforestree will notify you of changes by posting on the Reforestree Terms of Use website, sending you a message, and/or otherwise notifying you when you are logged into your account. Modifications will become effective thirty (30) days after the earliest of: (a) modifications being posted on the Platform; (b) Reforestree’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review Reforestree’s Privacy Policy, incorporated herein by reference, for information and notices concerning Reforestree’s collection and use of your information. The Reforestree Guarantee is governed by the Reforestree Guarantee Terms and Conditions, which are expressly incorporated herein. Please review the full set of key Reforestree policies that govern your use of the Platform and our interactions with you and third parties. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

KEY TERMS

“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:

  • To send periodic emails regarding your order or other products and services.
  • To quickly process your transactions.
  • To collect information regarding marketing and user behavior within the platform.
  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To improve our website in order to better serve you.
 

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.

Cookie Policy
 

When browsing on the Website, cookies may be installed on the User’s device. These cookies are solely intended for enabling specific functionalities and improvingthe User’s experience (functionality cookies) or for measuring the website performance with anonymous information (performance cookies). The cookies saved on the User’s device for technical or statistical purposes will be stored only for the required time-period, depending on the purpose. The Reforestree platform can display links to other websites, for information purposes. The use of these websites is subject to their own General Conditions of Use and Data Privacy Policy.

Reforester Obligations

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
Subscription 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.

Cancellation Terms

 You can cancel your subscription anytime via email to [email protected] or by contacting Reforestree Customer Support. If you cancel within 30 days of your initial order, you’ll be fully refunded. Should you cancel after 30 days, you’ll be charged a lump sum amount of 50% of your remaining contract obligation and your service will continue until the end of that month’s billing period.

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

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.

Survival

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.

Copyright Policy

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.

No Endorsement

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.

Indemnification

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

Without limiting any other rights reserved herein, Reforestree may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Reforestree, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, notifying other Members of the termination of your Account and/or the violation of these Terms, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
 

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your MyForest Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Reforestree support teams and (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken. You may cancel your use of the Platform and/or terminate your Account at any time by following the “Settings” link in in your profile, clicking “Account,” and clicking “Deactivate Account.” Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
 
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

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.

By agreeing to these Terms, you agree to resolve any and all disputes with Reforestree as follows:

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.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration, as described below.

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 arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

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] 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: Reforestree will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Reforestree Terms of Use, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Reforestree Terms of Use or sent to you.

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.

Third-Party Beneficiary: You and Reforestree acknowledge that any third party consumer reporting agency that Reforestree uses to perform background checks on Service Members is an express and intended third party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with Reforestree will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the remainder of the section shall remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and Reforestree through binding arbitration remains enforceable.
 

GOVERNING LAW

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.

DISCLAIMERS

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.

Purchasing a MyForest or other product from Reforestree does NOT give the buyer the legal ownership of the tree or the lands where the trees will be planted. The buyer will only sponsor the sowing, planting and protection of the trees, forest and wildlife. Although Reforestree spends a lot of time and resources in vetting and monitoring the Seeders, the trees are living been subject to the cycle of life, in other words, the tree can survive for days, months, years or decades, our job is keep the forest cover over the lands, but we do not guarantee for how long a tree will survive.
 

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 contracts signed with Seeders (landowners) can be terminated ahead of time, for breach of contracts or for any other reason, the areas designated for MyForest can be changed to any other region or land. Reforestree will direct all efforts to maintain contracts for a minimum period of 10 years, however public policies and private relations can interfere with contracts, and Reforestree can relocate its projects to other areas.

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).

Reforestree monitoring the non-grown spots will be applied to the “nucleation tech”. As long Reforestree uses the blockchain system to control all MyForest, all the area (standing tree and regeneration) are NOT CALCULATED BY TREE, but we calculate based on geo-reference and studies at the specific biome, where we use this studies to calculate the average of trees by hectare.
The forest restoration project carried out by Reforestree is focused on natural regeneration and not on conventional reforestation, therefore the numbers of trees and metrics are not strictly accurate, but based on techniques, studies, research and monitoring on the areas contracted to carry out the project. We also understand that there are countless advantages in applying natural regeneration techniques in the region that allows it, as is the case in the Amazon Rainforest, as it allows the formation of species already occurring in the region, in addition to allowing other species of animals and insects to develop in the biome without the need for pesticides.