In order to use the Services, you must (1) be 18 years or older, and (2) have the power to enter into a binding agreement with us through your acceptance of these terms.
THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BETWEEN YOU AND PACHAMA THROUGH BINDING ARBITRATION, AND A WAIVER OF THE RIGHT TO CONDUCT SUCH PROCEEDINGS ON A CLASS BASIS, AS SET FORTH UNDER THE HEADING “DISPUTE RESOLUTION – BINDING ARBITRATION WAIVER OF CLASS CLAIMS”
The information provided on the Site and through the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and/or use the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the Services.
You may be required to register an account with the Site (your “Pachama Account”) in order to access Services. At the time of registration, you will provide us with your email address, and possibly with other information, including name, location, and associated organizations. Some Services may be accessed without the need for user registration, however we may still generate a Pachama Account for you in order to best provide said Services, such as offering a guest checkout option when purchasing carbon credits.
You agree to keep your Pachama Account secured from unauthorized access. You agree that you will be held responsible for all use of the Site and/or Services registered from your Pachama Account.
You agree to provide accurate information to us at the time of registration, and to keep your information on file with us accurate and updated going forward. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Pachama Account and refuse any and all current or future use of the Site (or any portion thereof).
You may choose to purchase carbon credits by accessing the Services directly from the Site. In order to purchase carbon credits directly from the Site, you may be required to log in to your Pachama Account. Guest checkout options may be provided, however purchases will still be tracked with a Pachama Account, which we will create on your behalf.
We reserve the right to refuse any order placed through the Site at our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per user or per purchase.
In addition, availability of credits on particular projects may change over time. In the event that Pachama is unable, within sixty (60) days of receiving a request, to fulfill a corresponding purchase, Pachama may, at its discretion, offer to fulfill the purchase with substantially equivalent credits, or may refund to you the purchase price you paid for the purchase not completed. You acknowledge that your sole remedy for Pachama’s failure to complete a purchase you have ordered within sixty (60) days of its submission will be limited to Pachama’s election to either have an alternative purchase effectuated or to receive a refund of the purchase price you paid in connection with the purchase not completed.
Except as set forth in the foregoing paragraph, all purchases made through the Services are final and no refunds are available.
The carbon credits and projects posted on our Services are listed on reputable international carbon registries including the registries operated by Verra, American Carbon Registry, Climate Action Reserve, and Gold Standard. You can access information provided by the applicable registry about projects posted on the Services via links to the applicable registry information provided through the Services. In placing an order to purchase credits through the Services, you acknowledge that you are relying on the fact of the project’s listing on the applicable registry and on any information provided by the registry regarding the applicable project(s) and the verification efforts undertaken by the carbon registries relating to the carbon credits being sold in connection with those projects (collectively, “Registry Information”). You further acknowledge that Pachama is relying on the Registry Information, that Pachama does not generate, and is not responsible for, the content of the Registry Information, and that Pachama is not liable to you for any inaccuracies or inconsistencies in the Registry Information pertaining to any carbon credits you purchase via the Services.
You can review the history of purchases made by logging in to your Pachama Account. Once logged in, you can perform other Services as permitted by the Site, which may include from time to time administering your Pachama Account, purchasing carbon credits, viewing your purchase and retirement activity, processing retirements, withdrawing your carbon credits by transferring them to your account at a supported registry, and publicizing information for third parties to track the impact from your carbon credit purchases (on an “Impact Page”).
Pachama uses proprietary methods to develop information relating to the validation of the respective credits of all Pachama Projects (“Pachama Project Information”). In developing Pachama Project Information, Pachama reviews project documentation including project descriptions provided on registry websites as well as applies our proprietary models to project boundaries as determined by files provided to us by the project developer. These proprietary models review factors such as historical forest coverage, biomass estimates, and recent canopy loss. Pachama may provide access via the Services to certain Pachama Project Information, but unless expressly stated in an separate agreement between you and Pachama, Pachama does not commit to make available any particular Pachama Project Information in connection with a purchase or otherwise through the Services.
Although we endeavor to provide the most accurate Pachama Project Information possible, Pachama Project Information necessarily includes estimates and approximations, and we cannot guarantee the accuracy or reliability of the Project Information. You acknowledge that we shall not be liable to you for any inaccuracy or inconsistency reflected in any Pachama Project Information you receive through the Services. Additionally, we reserve the right, in our sole discretion, to narrow or modify the scope and nature of the Pachama Project Information made available with respect to Pachama Projects for which you have purchased carbon credits.
You may make purchases in connection with your use of the Services, including the purchase of carbon credits associated with one or more Pachama Projects as described above.
You agree to provide current, complete, and accurate purchase and account information to the Payment Processor for all purchases you make in connection with the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date with the Payment Processor. Sales tax will be added to the price of purchases as deemed required by us. All sales are final and no refund will be issued.
You may not access or use the Site for any purpose other than that for which we make the Site and Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site and the Services, you agree not to:
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Services (“Feedback”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback are original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site and/or the Services infringes upon any copyright you own or control, please immediately notify us by following the steps set forth in our Copyright and Intellectual Property Policy (“Copyright Policy”). As described in more detail in the Copyright Policy, a copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that, pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a notification made under the Copyright Policy. Thus, if you are not sure that material located on or linked to by the Site and/or the Services infringes your copyright, you should consider first contacting an attorney.
Products available through the Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. By making any purchase through the Services, you warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. If any carbon credits are allocated to your Pachama Account at the time the account is terminated or suspended, you will have 30 (thirty) calendar days to instruct us whether to either retire such credits on your behalf or to transfer them to your account at a supported registry. If after such period you have not provided us instructions, we will retire such credits on your behalf.
We reserve the right to change, modify, or remove the contents of the Site or the functionality of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. Except as expressly provided in a written agreement executed by us, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Services.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Pachama will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Pachama will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Pachama may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND PACHAMA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Pachama are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Pachama over whether to vacate or enforce an arbitration award, YOU AND PACHAMA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Pachama is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address:
2261 Market St #4303
San Francisco, CA 94114
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with Pachama.
IN NO EVENT WILL PACHAMA OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR (2) $100.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These terms shall be governed by the laws of the State of California without regard to choice or conflicts of law principles. Further, you and Pachama agree to the jurisdiction of the Northern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them).
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or the Services, or to request further information regarding use of the Site or the Services, please contact us at:
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