Customer Agreements

Customer Agreements

Sustain:Green Privacy Policy

This Privacy Policy is provided by Sustain:Green (Effective September 1, 2014)

At Sustain:Green, we value your trust and are committed to respecting your privacy. We are committed to protecting the confidentiality and security of your personal information in accordance with applicable law and our internal procedures and policies. This documents outlines the manner in which we collect, use and maintain non-public personal information.

We may collect nonpublic personal information about you, from the following sources: (i) information we receive from you when you join the Sustain:Green Reward Program or complete other forms on our website, (ii) information we receive from you when you make a purchase on our website, (iii) information we collect from your activity on our website, (iv) information we received from third parties, and (v) certain information about your transactions involving the Sustain:Green Prepaid Card and/or the Sustain:Green MasterCard. Visitors to our website who do not register for any services remain anonymous. However, we may collect certain limited information about anonymous visitors, such as IP addresses, and various environmental variables. The “IP address” is a number used by computers on the network to identify the customer’s computer so that data can be transmitted to them. “Environmental variables” include, among other things, the domain from which customers access the Internet, the time they accessed our Web site, type of Web browsers and operating system or platform used, the Internet address of the Web site they left to visit Sustain:Green, the names of the pages they visit while at our Web site, and the Internet address of the Web site they subsequently visit. Sustain:Green's web properties may use a feature of your Internet browser called a cookie. A cookie is a piece of information which a web server may place on your computer when you visit a web site. The use of cookies is to facilitate your Internet session, to maintain security and to improve the user experience. For example, we use cookies to verify your identity, remember your personal settings such as your offer preferences, and to monitor your use of our website to improve our services. If you choose not to enable cookies on your browser, you will not be able to use some of the services offered on our web site.

We may disclose aggregate information about our customers and former customers to third parties with whom we may have a joint marketing agreement, or those companies who perform marketing services on our behalf. This includes all information we may collect directly or indirectly from you.

We will permit only authorized employees, who are properly trained in the appropriate handling of sensitive customer information, to have access to that information, and only if required by their business responsibilities.

We may choose to contact you via any piece of information you give us. This includes, but is not limited to, Email Address, Physical Address, PO Box, Home Phone Number and Cell Phone Number. By giving us your Cell Phone Number, you understand that your carrier may charge you for each time we contact you, in which you will solely be responsible for. We may contact you for certain marketing or promotional activities, including products or services associated with either Affiliates or Non-Affiliates of Sustain:Green. We may also provide such information to non-affiliated third parties for marketing or promotional purposes. You have the right to opt-out of this disclosure to third parties at any time.

We do not knowingly collect or use personal information from children under 18 without verifiable consent from their parents. The services offered by Sustain:Green are not available to children under the age of 13 under any circumstance and this Website is not intended for them. If you are under 18 years of age, you may not use the services offered on our web site unless they are used with the consent, permission and supervision of your parents or guardians.

We give our customers choices as to how their information is used, if at all. We provide our customers with the opportunity to remove their names used for mail, telephone or online marketing upon initial customer contact and subsequently on an annual basis. This opt out choice includes products and services offered by Sustain:Green, our affiliates and our marketing partners, and customers may easily opt out by contacting us via e-mail. You can send these requests to customercare@SustainGreen.com.

Except as outlined above, we limit the release of customer information. In addition to providing our customers with the opportunity to opt-out of marketing offers, we release information only with the customer’s consent or request, or when we are required to do so by law or other regulatory authority. When a court order or subpoena requires us to release customer information, we notify the customer promptly in order to provide the customer with the opportunity to exercise their legal rights. The only exception to this policy is when we are prohibited from notifying the customer by law or due to a court order, or in cases in which fraud, money laundering and/or criminal or illegal activity is suspected.

Changes to our privacy policy. From time to time, we may modify the terms of this Privacy Policy by posting a notice of the change (or an amended Privacy Policy) at this website. If required by law, we will send you a notice of the change by a method that we select and that complies with applicable state and federal laws as well as the terms of your cardholder agreement. Such methods could include email, postal mail and/or posting on this website. Your continued use of our web site or any service following such notification will constitute evidence of your agreement to the revised Policy.

Links to other web sites. Our web site may feature links to third party web sites that offer goods, services or information. Some of these sites may appear as windows-within-windows at our web site. When you click on one of these links, you will be leaving our site and will no longer be subject to this policy. We are not responsible for the information collection practices of the other web sites that you visit and urge you to review their privacy policies before you provide them with any personally identifiable information. Third party sites may collect and use information about you in a way that is different from this policy.

Additional privacy policies may apply. Our Sustain:Green MasterCard is issued by Commerce Bank. If you are a cardholder of the Sustain:Green MasterCard, you are additionally subject to Commerce Bank's privacy policy, which you may review at www.commercebank.com.

Special Notice for Vermont and California Residents. Sustain:Green will not disclose information about consumers with a Vermont or California mailing address to unaffiliated third parties without your written authorization, unless otherwise permitted by law. Disclosures that are permitted under Vermont and California law without written authorization include, among others, disclosures necessary to effect, administer or enforce a transaction you request; disclosures to our authorized agents and service providers; disclosures permitted or required by law or disclosures to prevent fraud or other illegal activities. Written authorizations from Vermont residents and California residents should contact us at customercare@sustaingreen.com for instructions on how to deliver their authorizations.

If you have any questions regarding this Privacy Policy, you can email us at customercare@sustaingreen.com.

SUSTAIN:GREEN MASTERCARD REFER-A-FRIEND PROGRAM
TERMS & CONDITIONS

The following terms and conditions are effective as of September 1, 2014 and constitute a binding legal agreement (the "Agreement") between Sustain:Green and you ("You", "Your" or "Participant"), the Participant in the Sustain:Green MasterCard Refer-A-Friend Program (the "Program"). Sustain:Green reserves the right to make changes to the terms and conditions of this Agreement at any time. Your continued participation in the Program after any such modification and publication of the revised terms and conditions on Sustain:Green's website shall constitute your consent to such modification. Participation in the Program is subject to the terms of this Agreement.

INTRODUCTION

  1. Through the Program you can help advance the fight against climate change, while reducing your carbon footprint and providing funding to help preserve rainforests.
  2. Reduce your carbon footprint by an extra 5,000 pounds.1 How much is that? Use our carbon calculator to see―for many people it may be 20%-25% of their total carbon footprint. If you can get four or five of your friends to switch to the Sustain:Green MasterCard, you could become carbon neutral, and demonstrate your support for sustainable living and the fight against climate change.

ELIGIBILITY

  1. The Program is open to any person or entity enrolled in the Sustain:Green's Carbon Reward Program (the "Reward Program") and in compliance with all associated Terms and Conditions of the Reward Program. The Program is void where prohibited by law.
  2. The Program permits the referral of eligible friends, co-workers, relatives and associates ("Qualified Referrals"). Qualified Referrals specifically exclude any individuals who are already enrolled in the Reward Program or have any credit or prepaid product from Sustain:Green, including the Sustain:Green MasterCard and Sustain:Green Prepaid Visa. If there is any question as to whether a certain referral constitutes a Qualified Referral, the decision of Sustain:Green shall be final.
  3. Participation in the Program constitutes the Participant's full and unconditional acceptance of this Agreement.
  4. Sustain:Green reserves to right to declare any Participant ineligible to participate in the Program in its sole discretion. Upon such a decision, the Participant shall no longer be eligible to receive any benefit under the Program.

PARTICIPATION

  1. You may make referrals using of the tools we provide through the Program. You must include your Personal Referral Code or Link ("PRC") with any referral, as this is the only means by which we can associate you with a referral. We will provide you with the PRC.
  2. If you provide a PRC to another person by email, the email must be created and distributed according to CANSPAM guidelines. Spam and the use of purchased or harvested lists is prohibited, and will result in immediate termination of your participation in the Program.

REWARD

  1. A Referred Cardholder shall mean any Qualified Referral who (i) presents your Program Referral Code or Link, (ii) is approved by the issue of the Sustain:Green MasterCard, and (iii) and use their Sustain:Green MasterCard to make a purchase, balance transfer, or cash advance within 90 days following the account opening.
  2. Within thirty days of any Referred Cardholding using their use their Sustain:Green MasterCard to make their first purchase, balance transfer, or cash advance, Sustain:Green will credit Your Carbon Reduction Account under the Reward Program with five thousand (5,000) pound of Carbon Offsets Retired on Your behalf; correspondingly Your carbon footprint will be reduced by that five thousand (5,000) pounds.1

LIABILITY OF SUSTAIN:GREEN

  1. Sustain:Green expressly disclaims any and all liability associated with or arising from your use of the Program, the Rewards Program and the Sustain:Green website.
  2. In no event shall Sustain:Green, its employees, officers or agents, be liable to you or any third party for any damages of any kind arising from your participation in the Program, including but not limited to special, indirect, incidental, punitive and/or consequential damages, even if Sustain:Green has been advised of the possibility of such damages. Sustain:Green's maximum aggregate liability to you and any third party under any and all circumstances shall be the obligation to retire of 5,000 pounds of carbon offsets. You recognize and acknowledges that this limitation of damages is fair and reasonable.
  3. All warranties, express and implied, are disclaimed (including, without limitation, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). Sustain:Green makes no representation or warranty with respect to any results or outcomes obtainable through the referral program.
  4. You will be responsible for both determining and paying any federal, state or local taxes, fees or other charges, if any, that may be imposed by any governmental or regulatory authority on any benefits obtained through the Program, whether or not such taxes, fees or other charges are imposed at the time of you receive the benefit or subsequently.
  5. Sustain:Green reserves the right, in its sole discretion, to disqualify any participant from participation in the Program and to reassign or transfer any Carbon Offsets, in cases of actual or suspected abuse, fraud, violations of this Agreement.
  6. To learn how any personal information collected in connection with the Program may be used, please read Sustain:Green's Privacy Policy, as updated, which is available on its website. Your participation in the Program constitutes acceptance of the Privacy Policy.
  7. By participating in the Program, You agree to all of the terms and conditions of the Reward Program, as updated, which is available on Sustain:Green's website.


    1Sustain:Green reduces your carbon footprint by purchasing and Retiring on your behalf Verified Carbon Offsets equating to 5,000 pounds of Carbon Dioxide Equivalent. Verified Carbon Offset(s) means carbon offsets which are associated with a project (i) subject to third-party verification, (ii) that conforms to established industry protocols or methodologies, and (iii) registered on a recognized carbon registry, such as the American Carbon Registry. A carbon offset is a reduction or removal of carbon dioxide equivalent greenhouse gas emissions that is used to counterbalance or compensate for (i.e., offset) emissions from other activities. Carbon Dioxide Equivalent is a measure used to compare the emissions from various greenhouse gases based upon their global warming potential. As carbon dioxide is the most prevalent greenhouse gas, it is used as the baseline when comparing the global warming potential of other greenhouse gases. However, there are many different greenhouse gases. The carbon dioxide equivalent for a gas is calculated by multiplying the tons of the gas by the associated global warming potential of that gas. All carbon offsets are based on carbon dioxide equivalents. Thus, when Sustain:Green retires 5,000 pounds of Carbon Offsets, it is retiring offsets representing an amount of a greenhouse gas equal to 5,000 pounds of carbon dioxide equivalent. Retirement or Retiring, when used in the context of carbon offsets, means that the carbon offsets are transferred to a special retirement account on a carbon registry. Carbon offsets are retired when they have been used to offset an equivalent tonne of emissions. Retirement accounts are permanent and locked to prevent a retired offset from being transferred or used again. Sustain:Green retires all carbon offsets on a registry in an omnibus account, unless it specifically agrees in writing with you to do otherwise. Sustain:Green's purchase of carbon offsets creates a rainforest benefit because the funds it uses to purchase certain carbon offsets are provided to the Mata No Peito initiative, which focuses on innovative means of protecting and reforesting rainforests in Brazil. More information on Mata No Peito may be found on Sustain:Green's website. For further detail on how we eliminate Carbon on your behalf and record this reduction to your Carbon Reduction Account, refer to the Sustain:Green Rewards Program Terms & Conditions. Any capitalized terms not defined herein shall have the meaning ascribed to them in the Sustain:Green Rewards Program Terms & Conditions.

SUSTAIN:GREEN MASTERCARD
CARBON REDUCTION REWARD PROGRAM
TERMS & CONDITIONS

INTRODUCTION

These Terms and Conditions (the "Agreement") are provided to participants (individually and collectively referred to as "you," "your," "cardholder(s)," or "participant(s)") in the Carbon Reduction Reward Program (the "Program") by Sustain:Green ("Sustain:Green" or "we"). The Program is associated with the Sustain:Green MasterCard (the "Card") and administered by Sustain:Green. The Card is issued and administered by Commerce Bank ("Commerce"). The Program is only available to individuals who are qualified Sustain:Green MasterCard card holders in Good Standing and who have enrolled in the Program. By activating the Card or enrolling in the Program, you shall be deemed to have accepted this Agreement and these terms and conditions.

Each participant, who receives and uses the Card is eligible to earn points ("Points") through the Program. To participate in the Program, the Card must be open, have active charging privileges, be in Good Standing, be in compliance with the terms and conditions established by Commerce for the Card and be in compliance with the terms and conditions of the Program.

EARNING POINTS

  1. You will earn and accrue Points based on purchase activity of your Card according to the following scale:
    1. Two Points for each U.S. Dollar of Net Merchandise Purchases;
    2. Qualifying Purchases at Participating Retailers will yield additional Points;
    3. Points are calculated at each transaction, rounded to the nearest whole Point, and are subject to verification. All transactions made with the card are subject to authorization and/or verification by Commerce.
  2. You will automatically begin earning Points upon activating your Card and enrolling in the Program. You are not required to enroll in the Program to apply for a Card. However, any Card activated prior to enrollment in the Program shall not be eligible for Points.
  3. You cannot earn Points during any period in which your Card is not open or is not in Good Standing. No Points will be retroactively applied to Your Rewards Account for otherwise qualifying transactions occurring during any period in which Your Account was not in Good Standing.
  4. Points earned with the card are not negotiable, have no cash or monetary value and may not be used to pay off or pay down any credit card balance. There is no yearly limit to the amount of Points that can be earned.
  5. Questions or disputes concerning Points will be resolved in accordance with the terms of the Program Rules in effect when the purchase transaction posted to your card. All discrepancies regarding Points must be brought to our attention within sixty (60) days from the date of the transaction for which the adjustment is sought, or such discrepancies will be deemed accepted by you. Discrepancies about Point earnings are not treated as credit card billing disputes: refer to your Credit Card Agreement or the annual Your Billing Rights notice from Commerce for details about billing disputes. Our decisions regarding Point discrepancies shall be final.
  6. Unless specifically authorized by us, Points may not be combined with other promotions or other reward programs offered by us. Unless specifically authorized by us, Points cannot be transferred between any credit card accounts issued by Commerce.

CONVERSION OF POINTS INTO REDUCTIONS IN YOUR CARBON FOOTPRINT

  1. On a monthly basis, Points will automatically be irreversibly redeemed to purchase and retire on your behalf Verified Carbon Offsets ("Carbon Offsets"), thereby reducing your carbon footprint and helping to address the challenge of climate change. The current redemption rate is one point for one pound of Carbon Dioxide Equivalent ("Carbon"). Thus, at the current rate, you will Eliminate two pounds of Carbon for each dollar of Net Merchandise Purchases. Should the cost of Carbon Offsets increase, Sustain:Green reserves the right to amend or change the amount of Carbon earned with each Point.
  2. The total amount of Points earned over a given period will be calculated by Commerce Bank and reported to Sustain:Green.
  3. All of the funds used by Sustain:Green to purchase certain carbon offsets (the "MNP Offsets") will be used to provide funding to the Mata No Peito initiative, which seeks to protect and replant forests throughout Brazil. If MNP Offsets cease being available to Sustain:Green, or if the cost of the MNP Offsets increase, Sustain:Green reserves the right to (i) work with different organizations to promote reforestation and/or forest preservation and (ii) purchase alternative Carbon Offsets from other sources.
  4. Retirement of Carbon Offsets under the Program shall be effected on the American Carbon Registry (the "ACR") on an omnibus basis in the retirement account of Sustain:Green or its designee. The ACR (www.americancarbonregistry.com) or an affiliate, has agreed to provide certain verification services to Sustain:Green and Commerce, confirming the retirement of the appropriate amount of carbon offsets and the distribution of funds to Mata No Peito.

VIEWING YOUR POINTS/CARBON REDUCTION

  1. All Cardholders enrolled in the Program will receive a user name and password providing access to a personalized carbon reduction reward page (the "Program Page") on our website, www.sustaingreen.com. This site will show redeemed Points, expressed as pounds of Carbon, which have been retired to reduce your carbon footprint and address the threat of climate change.
  2. As all Points are automatically redeemed on a monthly basis, the site will not show unredeemed Points. All Points will be posted and redeemed in your account no later than the 15th day after the end of the month.
  3. Individual transactions forming the basis for awarding Points will not be shown on the Program Page—only total redeemed Points, adjusted for refunds, returns or other adjustments. The frequency, timing, content or layout of the Program Page are subject to change from time-to-time at the discretion of Sustain:Green.
  4. In an effort to reduce wasteful use of paper and minimize Sustain:Green's carbon footprint, this Program Page will be the only method by which Sustain:Green will communicate the amount and timing of Point redemption and Elimination of Carbon. You will not receive any other form of Program statement.
  5. Points earned by You on multiple Cards enrolled in the Program will be consolidated and reported in a single account only if such multiple Cards are consolidated for billing purposes by Commerce, and such consolidation of Points is subject to approval by Sustain:Green.

GENERAL TERMS

  1. Neither Points nor the associated Carbon Offsets are Your property and they may not be assigned, brokered, bartered, attached, pledged, gifted, sold, or transferred under any circumstances, including but not limited to: disability, death, upon operation of law, or in connection with any domestic relations dispute and/or legal proceeding. Points and the associated retired Carbon Offsets have no cash value, no surrender value and no transfer value and cannot be used to offset any amount due from You to Commerce on the Card.
  2. If a cardholder voluntarily closes the Card or if Commerce closes the Card, any unredeemed Points are immediately and irrevocably forfeited.
  3. Sustain:Green reserves the right to disqualify any person(s) from participation in the Program, if, in the sole judgment of Sustain:Green, that person or another person named on the same Card account has violated any of the terms and conditions of the Program or any subsequent revisions or amendments of them, or for any other reason. Disqualification may result in termination of a person's participation, termination of the participation of others with the same account, and/or loss of Points, as applicable.
  4. If a cardholder is denied a benefit of the Program for which it is determined he or she is entitled, any liability of Sustain:Green shall be strictly limited to the cardholder's earned portion of that benefit.
  5. Sustain:Green is not responsible for any correspondence lost or delayed in the mail.
  6. We may, at any time, without prior notice, (a) change, limit, or terminate any aspect of the Program; (b) terminate the Program in its entirety; (c) amend the Program's Terms & Conditions, benefits or features, in whole or in part; (d) modify, delete or terminate any or all of the Program, the Program's Terms & Conditions or any portion thereof, or (e) terminate a Cardholder's participation in the Card Program for any reason. Changes may affect outstanding transactions and Points, and may include, but are not limited to the earnings rate for Points, the type of transactions qualifying for Points, the redemption rate and mechanism between Points and Carbon, or the expiration date of Points. Any of the foregoing actions may be taken even if such actions affect the value of Points already earned. The program is not scheduled to end on a predetermined date.
  7. Neither Sustain:Green nor its third party service providers, their respective employees, officers, affiliates or agents will be liable to You for any action or inaction any of them take or fail to take with respect to the Program or any changes in the Terms and Conditions of the Program. Without limiting the foregoing, Sustain:Green shall not be liable for any damages resulting from the actions or inactions of Commerce, American Carbon Registry and Mata No Peito
  8. Neither Sustain:Green nor its third party service providers, their respective employees, officers, affiliates or agents shall be liable for any bodily harm and/or property damage which may result from Your participation in the Program.
  9. Except as set forth expressly in these terms and conditions, Sustain:Green makes no warranties of any kind, whether implied or expressed including, without limitation, any warranties of merchantability or fitness for a particular purpose. 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 damages shall be limited to actual damages only and are expressly limited to adjustments in the amount of Carbon Offsets retired.
  10. You will be responsible for both determining and paying any federal, state or local taxes, fees or other charges, if any, that may be imposed by any governmental or regulatory authority on any benefits obtained through the redemption of Points, whether or not such taxes, fees or other charges are imposed at the time of Point redemption or subsequently. Should Sustain:Green or Commerce be required to report taxes, tax reporting, if any, will be made to the tax ID number of the Primary Accountholder, associated with the Card.
  11. Sustain:Green reserves the right, in its sole discretion, to disqualify any participant from participation in the Program and to cancel or invalidate any Points, or to reassign or transfer any Carbon Offsets, in cases of actual or suspected abuse, fraud, violations of the Program's Terms and Conditions or any actual or suspected abuse or fraud with respect to the Card Account or Program.
  12. Neither Commerce nor its third party service providers, their respective employees, officers, affiliates or agents assumes any responsibility for, and will not be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which You and/or Your guest may suffer by reason of any act, default, non performance or wrongful, careless, negligent, or unauthorized act or omission of any Program supplier, its employees, or any third party.
  13. All trademarks, service marks and trade names used by Sustain:Green in this Program, are property of Sustain:Green and/or its third-party suppliers. No use of these may be made without the prior written authorization by Sustain:Green or the appropriate third-party supplier.
  14. By accumulating and redeeming Points under the Program, You agree to all of the Program features, limitations and restrictions contained in this Agreement as well as any additional terms and conditions contained in any Programs, promotions or transactions that may be offered to You from time-to-time and any terms and conditions contained in any certificate, coupon or document issued to You under the Program.
  15. The privacy policy for Sustain:Green is provided separately in accordance with applicable law. By participating in the Program, you have accepted Sustain:Green's privacy policy.
  16. The agreement set forth in these terms and conditions shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida, without regard to its provisions governing conflicts of laws.
  17. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. Arbitration replaces the right to go to court, including the right to a jury and the right to participate in a class action or similar proceeding. In arbitration, a dispute is resolved by a neutral arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court. In arbitration, you may choose to have a hearing and be represented by counsel. You and we agree that either you or we may, without the other's consent, require that any controversy or dispute between you and us (all of which are called "Claims"), be submitted to mandatory, binding arbitration. This arbitration provision covers all Claims, including without limitation: (i) the enforceability or interpretation of this Agreement and our Privacy Policy, including this arbitration provision; (ii) the Terms and Conditions of the Program and our operation of the Program, (iii) any aspect of the benefits or perceived value associated with the Program and carbon offsets, (iv) any Claims made directly by you, by anyone connected with you or claiming through you to be your agent, representative or heirs, or a trustee in bankruptcy, (v) any Claims based on any theory of law, any contract, statute, regulation, ordinance, tort (including fraud or any intentional tort), common law, constitutional provision, respondeat superior, agency or other doctrine concerning liability for other persons, custom or course of dealing or any other legal or equitable ground (including any claim for injunctive or declaratory relief), (vi) any Claims based on any allegations of fact, including an alleged act, inaction, omission, suppression, representation, statement, obligation, duty, right, condition, status or relationship, and (vii) any Claims made as part of a class action or other representative action, and the arbitration of such Claims must proceed on an individual basis. If you or we require arbitration of a particular Claim, neither you, we, nor any other person may pursue the Claim in any litigation, whether as a class action, private attorney general action, other representative action or otherwise. The party filing an arbitration must choose an arbitration administrator from the American Arbitration Association. If you file for arbitration, you must notify us within five business days at ___________________. If we initiate the arbitration, we will notify you in writing at the last address we have on file for you. Any arbitration hearing shall be held in Miami-Date, Florida and you waive any objection that such location may be inconvenient for you. If we file the arbitration, we will pay the initial filing fee. If you file the arbitration, you will pay the initial filing fee. Each party to the arbitration shall pay its own fees and expenses, and will not be eligible for any recovery of such fees or expenses from the other party. All parties to the arbitration must be individually named. Claims by persons other than individually named parties shall not be raised or determined. Notwithstanding anything else that may be in this arbitration provision or Agreement, no class action, private attorney general action or other representative action may be pursued in arbitration, nor may such action be pursued in court unless consented to by all parties to the arbitration. Claims of two or more persons may not be joined, consolidated or otherwise brought together in the same arbitration regardless of whether or not the Claims (or any interest in the Claims) may have been assigned.

DEFINITIONS

Net Merchandise Purchases means purchases of merchandise or services on the Account, less any returned merchandise credits or service credits posted to the Account. Net Merchandise Purchases does not include fees or premiums for coverage or insurance to protect the balances of an Accountholder's Account, cash advances, interest or finance charges, or quasi-cash transactions, such as, but not limited to, traveler's checks, money orders, balance transfers, money transfers, wire transfers, convenience checks, or gaming chips. If you return merchandise for which you previously received Points such that your Card has a [credit] balance, Sustain:Green may reduce your Point or Carbon Offset balance accordingly. Questions concerning eligible transactions and what constitutes Net Merchandise Purchases will be determined in the sole discretion of Commerce.

Qualifying Purchases means any signature-based purchase made at retail locations, or purchases made by phone or online through the Program Website. Qualifying Purchases based on offers from Participating Retailers available at the time of the transaction must be made in accordance with the offer details that appear on the Program Website. You will not earn additional Points if You go directly to the online Participating Retailer's website.

Participating Retailers means retailers which provide additional Points or discounted offers listed on the Program Website. The list of Participating Retailers and their offers are subject to change without notice.

Good Standing means a Card account that is not designated by Commerce as lost, stolen, credit-revoked, closed, bankrupt, charged-off, security fraud, past due or delinquent over 31 days, over-limit, or in Consumer Credit Counseling or recovery. Commerce shall determine, in its sole discretion, whether a Card is in Good Standing.

Verified Carbon Offset(s) means carbon offsets which are associated with a project (i) subject to third-party verification, (ii) that conforms to established industry protocols or methodologies, and (iii) registered on a recognized carbon registry, such as the American Carbon Registry. A carbon offset is a reduction or removal of carbon dioxide equivalent greenhouse gas emissions that is used to counterbalance or compensate for ("offset") emissions from other activities. Depending on the registry, carbon offsets may have different names, such as Climate Reserve Tonne on the American Carbon Registry.

Carbon Dioxide Equivalent ("Carbon") is a measure used to compare the emissions from various greenhouse gases based upon their global warming potential. As carbon dioxide is the most prevalent greenhouse gas, it is used as the baseline when comparing the global warming potential of other greenhouse gases. However, there are many different greenhouse gases. The carbon dioxide equivalent for a gas is calculated by multiplying the tons of the gas by the associated global warming potential of that gas. All carbon offsets are based on carbon dioxide equivalents. Thus, when Sustain:Green retires 100 pounds of Carbon Offsets, it is retiring offsets representing an amount of a greenhouse gas equal to 100 pounds of carbon dioxide equivalent.

Retirement (or Retire) when used in the context of carbon offsets, means that the carbon offsets are transferred to a special retirement account on a carbon registry. Carbon offsets are retired when they have been used to offset an equivalent tonne of emissions. Retirement accounts are permanent and locked to prevent a retired offset from being transferred or used again.

Eliminate, when used in the context of carbon offsets, means to retire carbon offsets.

ADDITIONAL TERMS & CONDITIONS

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