Customer Agreements

Customer Agreements

Sustain:Green Privacy Policy

This Privacy Policy is provided by Sustain:Green (Effective July 29, 2015)

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. For the purpose of this Privacy Policy, the term "website" includes all domains, subdomains, social media accounts and other affiliated sites owned, controlled, managed, licensed or operated by Sustain:Green, LLC, Sustain:Green Prepaid, LLC, and their affiliates.

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. However, you acknowledge that no electronic transmission or storage of information is entirely secure. We do not ensure or warrant the security of any Information, and you provide this Information at your own risk. We may disclose your Information to third parties to comply with a legal obligation, if we believe in good faith that the law or a governmental authority requires it, to address fraud, security or technical issues, to protect our rights or property or the security of third parties, and/or to verify or enforce our Terms of Use or other applicable policies. In the event that the Company or any of its affiliates is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.

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.
 
  1. 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 REWARDS PROGRAM
TERMS & CONDITIONS FOR SUSTAIN:GREEN MASTERCARD®

INTRODUCTION

These Terms and Conditions (the "Agreement") are provided to Participants (individually and collectively referred to as “You,” “Your,” or “Participant(s)”) in the Sustain:Green Reward Program (the "Program") by Sustain:Green ("Sustain:Green" or "we"). The Program is administered by Sustain:Green and available only to individuals who have enrolled in the Program. These Terms and Conditions apply specifically to Participants who have an active Sustain:Green MasterCard® (the "Card") and who have enrolled in the Program. If you have any other product from Sustain:Green, including but not limited to a Sustain:Green Prepaid Visa®, additional terms and conditions will apply in relation to such products. By enrolling in the Program, you shall be deemed to have accepted this Agreement and these terms and conditions.

Each Participant is eligible to earn Sustain:Green Rewards (“Rewards”) through the Program. To participate in the Program, Participants must be in compliance with the Terms and Conditions of the Program.

REWARDS

  1. Rewards consist of Sustain:Green purchasing and retiring on your behalf Verified Carbon Offsets ("Carbon Offsets" or “Rewards”), thereby reducing your carbon footprint and helping to address the challenge of climate change. 
  2. You are not required to enroll in the Program to apply for a Card. Further, any Net Merchandise Purchases made on the Card prior to enrollment in the Program will still result in Sustain:Green purchasing and retiring Verified Carbon Offsets. However, if you have not enrolled in the Program, you will have neither a Program Page nor a Carbon Reduction Account and therefore (i) any Retirement of Carbon Offsets associated with Net Merchandise Purchases will be placed in a general Sustain:Green Rewards Account and (ii) you will not have any means of viewing the amount of such Retirements.  
  3. Unless specifically authorized by Sustain:Green, Rewards may not be combined with other promotions or other reward programs offered by Sustain:Green.
  4. From time to time, Sustain:Green may offer you additional means of earning Rewards.
  5. Participant must be in full compliance with the rules and regulations of the issuer of the Card and this Agreement to receive Rewards.

REDUCTIONS IN YOUR CARBON FOOTPRINT

  1. The current Reward Rate is two pounds of Carbon Dioxide Equivalent ("CO2e" or "Carbon") for each dollar spent on Net Merchandise Purchases using the Card. At the current Reward 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.
  2. On a monthly basis, Rewards will automatically be issued to You, consisting of Sustain:Green purchasing and retiring Verified Carbon Offsets ("Carbon Offsets") on your behalf, thereby reducing your carbon footprint and helping to address the challenge of climate change.
  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. Your personal information will not be displayed on the American Carbon Registry. The ACR (www.americancarbonregistry.com) or an affiliate, has agreed to provide certain verification services to Sustain:Green and the issuer of the Card, confirming the retirement of the appropriate amount of carbon offsets and the distribution of funds to Mata No Peito.

VIEWING YOUR CARBON FOOTPRINT REDUCTION

  1. All Participants 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 Program Page will show Your Carbon Reduction Account, expressed as pounds of Carbon, which have been retired to reduce your carbon footprint and address the threat of climate change.
  2. All earned Rewards will be reflected in Your Carbon Reduction Account no later than the 30th day after the end of the month.
  3. The total amount of Carbon Eliminated on Your behalf, adjusted for refunds, returns or other adjustments, will be shown in Your Carbon Reduction Account. 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 Reward issuance and Elimination of Carbon. You will not receive any other form of Program statement.
  5. Rewards earned by You on multiple Cards enrolled in the Program will be consolidated and reported in a single Carbon Reduction Account only if such multiple Cards are consolidated for billing purposes by the issuer of the Card, and such consolidation of Rewards is subject to approval by Sustain:Green.
  6. Participants may also be given the opportunity to purchase and retire Carbon Offsets ("Purchased Offsets"). Any Purchased Offsets will be reflected in Your Carbon Reduction Account.

GENERAL TERMS

  1. Neither Rewards 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. Rewards and the associated retired Carbon Offsets have no cash value, nor surrender value and no transfer value and cannot be used to offset any amount due from You to the Card.
  2. Questions or disputes concerning Rewards 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 Rewards 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.
  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 Participant 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 cancellation of Rewards, or reassignment or transfer of Carbon Offsets previously allocated to Participant's Carbon Reduction Account, as applicable.
  4. Sustain:Green reserves the right, in its sole discretion, to disqualify any Participant from further participation in the Program and to cancel or invalidate any Rewards, 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 or Program.
  5. If a Card holder is denied a Reward under the Program for which it is determined he or she is entitled, any liability of Sustain:Green shall be strictly limited to the Card holder's earned portion of that Reward.
  6. Sustain:Green is not responsible for any correspondence lost or delayed in the mail.
  7. 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 Participant's participation in the Program for any reason. Changes may include, but are not limited to the Reward Rate for Carbon Offsets. Any of the foregoing actions may be taken even if such actions affect the value of Rewards already earned. The program is not scheduled to end on a predetermined date.
  8. Neither Sustain:Green, issuer of the Card 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 the issuer of the Card, American Carbon Registry and Mata No Peito
  9. Neither Sustain:Green, issuer of the Card 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 may suffer which may result from Your participation in the Program or 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.
  10. 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.
  11. 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.
  12. 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.
  13. By participating in 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.
  14. 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, as revised from time to time.
  15. The Terms of Use Agreement for the Sustain:Green website is provided separately. By participating in the Program and/or using the website, you have accepted Sustain:Green's Terms of Use Agreement, as revised from time to time.
  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 in writing within five (5) business days at 18435 NE 19th Avenue, N. Miami Beach, FL 33179 via recognized overnight carrier with recipient signature required. 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

  1. Carbon Dioxide Equivalent ("CO2e") 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. "Carbon" is used equivalently with CO2e.
  2. Eliminate, when used in the context of carbon offsets, means to retire Verified Carbon Offsets on a recognized carbon registry, such as the American Carbon Registry.
  3. Net Merchandise Purchases means purchases of merchandise or services on the Card Account, less any returned merchandise credits or service credits posted to the Card Account. Net Merchandise Purchases does not include fees or premiums for coverage or insurance to protect the balances of a Cardholder'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.Calculation of Net Merchandise Purchases shall be determined in the sole discretion of the issuer of the Card.
  4. 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.
  5. 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.

SUSTAIN:GREEN TERMS OF USE AGREEMENT

INTRODUCTION

Subject to the terms and conditions of this Terms of Use Agreement (this “TOU Agreement”), Sustain:Green and its affiliates (jointly and severally, the "Company," "We," "Our" and "Us"), hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance.

ACCEPTANCE OF TERMS

Your use of the Sustain:Green website, including sustaingreen.com, all subdomains and any affiliated sites, including but not limited to all social media sites, (the “Site”), tools, services, Content (as defined below) and/or products, including your shopping on the Site (jointly and severally, the “Services”) is subject to this TOU Agreement. By accessing, browsing, and/or using the Services (referred to as “Use” or “Using” the Services), you are deemed to accept this TOU Agreement and you agree to be bound by it. If you do not wish to be bound by this TOU Agreement, do not Use the Services. If you are dissatisfied with any portion of the Site, or with any of the terms and conditions of the TOU Agreement, your sole and exclusive remedy is to discontinue Use of the Site.

USE OF SITE

Except as otherwise explicitly permitted herein, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Site or any portion of it unless explicitly granted written permission by Us. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly granted written permission by Us in advance. We reserve the right to block access to the Site, refuse to provide Services, terminate Accounts (defined below), and/or cancel orders at Our sole discretion.

You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this Site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by Us.

We reserve the right at any time to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any part thereof.

The Site may be linked to other websites. You acknowledge and agree that We are not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such websites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website.

Neither Company 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 Site or any changes in the TOU Agreement. Without limiting the foregoing, Company shall not be liable for any damages resulting from the actions or inactions of Commerce, American Carbon Registry and Mata No Peito.

PASSWORDS

We may assign you a password and account identification to enable you to access and use certain portions of the Site (inclusive of your password and account identification, your "Account"). Each time your Account information is provided to Us, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this TOU Agreement and any other applicable agreements, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You further acknowledge and accept that the Company shall have no obligation to investigate the authorization or source of any activity, including without limitation purchase and account management activity, following a proper log-in to the Site, which is defined as a matching and current account identification and password. You will be solely responsible for all access to and use of this Site by anyone using your Account whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You accept and acknowledge that you are solely responsible for protecting the security and confidentiality of your Account and the password and identification assigned to you. You shall notify Us immediately of any unauthorized access, use of your password and account identification or any other unauthorized use of the Site. We shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You agree to indemnify and hold Company and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Site by you or any other person accessing the Site using your Account; (b) the use of, or connection to, this Site by you or any other person accessing the Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and all content contained therein, including but not limited to text, photographs, images, icons, graphics, trademarks, logos, service marks and trade names, and software ("Content"), is owned by the Company and/or its third-party suppliers and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without Our prior written approval. In addition, any mechanized or systematic processes for harvesting information from this Site for any purpose is prohibited. Nothing contained in or on this Site should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.

Except as otherwise provided elsewhere in this TOU Agreement or on the Site, anything that you submit or post to the Site and/or provide Us, including without limitation, ideas, know-how, techniques, questions, reviews, photographs, images, videos, social media communication, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our exclusive property and shall not be returned to you. You represent and warrant that you own or otherwise control all of the rights to Submissions you post on or to the Site and that use of your Submissions by us will not infringe upon or violate the rights of any third party. In addition to the rights applicable to any Submission, when you make any Submissions on or to the Site, you also grant us the right to use the name associated with such Submission. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove, reject or edit in any manner any Submissions at our sole discretion.

REVISIONS

We may revise this TOU Agreement in our sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the Site. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of the revised TOU Agreement. Please review the Site from time to time to view the most current TOU Agreement.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Site is presented "as is." We make no representations or warranties of any kind whatsoever, express or implied, in connection with this TOU Agreement or Site, including but not limited to warranties of merchantability, non-infringement, availability or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. We attempt to provide accurate information on the Site. However, to the extent permitted by applicable law, we do not warrant that information, product descriptions and other content available on the Site are accurate, complete, reliable, current or error-free. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00). You agree that no claims or action arising out of, or related to, the use of the Site or these terms of use may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

DISPUTES AND DISPUTE RESOLUTION

This TOU Agreement 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. You agree that our remedy at law for any actual or threatened breach of this TOU Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

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 TOU Agreement and our Privacy Policy, including this arbitration provision; (ii) any aspect of the Site, (iii) any aspect of the benefits or perceived value associated with the Site and your Account, (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 in writing within two business days. If we initiate the arbitration, we will notify you in writing at the last address we have on file for you, or at our discretion via email, using the most recent email address associated with your Account. 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 TOU 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.

TERMINATION

You agree that We may, with or without notice to you, immediately terminate, prohibit, limit or suspend your access to the Site based on any of the following: (a) breach or violation of this TOU Agreement; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; (e) fraudulent, deceptive or illegal activity; or (f) any other activity which we believes is harmful to this Site, Company or its business interests. You agree that any termination, limitation of access and/or suspension shall be made in Company's sole discretion and that it shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your access to the Site. If you or We terminate your use of the Site either actively or passively by not accessing your Account for a period of six months, we may delete any Content or other materials relating to your Account or use of the Site and We shall have no liability to you or any third party for doing so. The following sections shall survive any termination of this TOU Agreement or your use of the Site: "Passwords," "Intellectual Property Rights," "Indemnification," "Disclaimer of Warranties; Limitation of Liability," "Disputes and Dispute Resolution," "Copyright" and "General."

COPYRIGHT

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide Us the following information in writing (together constituting "Copyright Notice"): (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) the URL and location on the Site in which the alleged infringing material is located; (c) your address, telephone number, fax number, and email address; (d) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law, with an an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and (e) a statement by you, under penalty of perjury, that the above information in your Copyright Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. This Copyright Notice should be emailed to customercare@sustaingreen.com. You agree and acknowledge that submission of a Copyright Notice containing false or material misrepresentations may result in you being held liable for damages and attorneys' fees.

GENERAL

The Privacy Policy for Sustain:Green and the Site is provided separately in accordance with applicable law, and incorporated in its entirety into this TOU Agreement by reference. By accepting this TOU Agreement, you have additionally accepted Sustain:Green's privacy policy, the most current version of which is available on the Site.

This TOU Agreement is not enforceable by or for the benefit of any third party.

You agree to receive communications from Us electronically, including but not limited to e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirements that such communications be in writing.

You and We desire that this TOU Agreement be enforced to the fullest extent possible under applicable law and therefore agree that, if any provision is deemed to be unenforceable or unlawful, that provision will be ignored to the extent of its unenforceability or unlawfulness, but the remaining portions of that provision, and this TOU Agreement as a whole, will be enforced to the fullest extent possible.

This TOU Agreement has an effective date of July 29, 2015.

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